Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Violent Crimes Social Share

In a second-degree murder and attempted second-degree murder case, Florida’s 2nd District Court of Appeal found  sufficient evidence existed that the defendant acted with a ‘depraved mind,’ not in the ‘heat of passion.’ However, the Florida Supreme Court reversed this decision. In Florida, second-degree murder and attempted second-degree murder (Fla. Stat. 782.04(2) and Fla. Stat. 777.04) are very serious offenses. …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal reversed a woman’s conviction for aggravated assault with a firearm – which resulted in a 20-year prison sentence – based on a trial judge’s “fundamental error” in giving an incorrect jury instruction. CASE: Alexander v. State, 121 So.3d 1185 (Fla. 1st DCA 2013)  Charge(s): Attempted Second-Degree Murder Outcome: Conviction REVERSED, as trial …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 2nd District Court of Appeal ruled that the defendant, who allegedly stole a vehicle and killed the driver of another car in a subsequent fatal collision, was not guilty of vehicular homicide. CASE: House v. State, 831 So.2d 1230 (Fla. 2d DCA 2002) Charge(s): Vehicular Homicide Outcome: Conviction reversed – as there was no evidence that the …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 3rd District Court of Appeal found the defendant, the current boyfriend of the victim’s ex-husband, killed the victim out of “ill will, spite, hatred, or evil intent.” CASE: Soberon v. State, 545 So.2d 490 (Fla. 3d DCA 1989) Charge(s): Second-Degree Murder Outcome: Conviction affirmed, as the boyfriend of the victim shot the victim’s husband out of “ill …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal ruled a defendant was guilty of attempted second-degree murder after he pointed it at the victim’s stomach and made a remark that he “should have killed him” after shooting him. CASE: Perez v. State, 187 So.3d 1279 (Fla. 1st DCA 2016) Charge(s): Attempted Second-Degree Murder Outcome: Conviction AFFIRMED, as the defendant deliberately …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s aggravated assault conviction after finding a “reasonable person” in the victim’s position would have been in well-founded fear of violence. One judge voiced disagreement with the judicial trend that shaped the ruling. CASE: Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020) Charge(s): Aggravated Assault with a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary In a foundational second-degree murder case, Florida’s 1st District Court of Appeal ruled that a defendant’s “joke” to the victim before fatally shooting her supported the finding that he acted with a “depraved mind.” CASE: Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969) Charge(s): Second-Degree Murder Outcome: Defendant’s conviction affirmed, as a comment he made before …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary CASE:  S.R.M. v. State, 66 So.3d 317 (Fla. 2d DCA 2011) Charge(s): Aggravated Assault with a Deadly Weapon Outcome: Conviction AFFIRMED, as the defendant acted in a manner that would have put a reasonable person in fear of imminent, unlawful violence. About Aggravated Assault in Florida In Florida, aggravated assault (Fla. Stat. 784.021(1)(a) and (1)(b)) is a very …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Two cases from Florida’s 4th District Court of Appeal provide a comprehensive explanation of when pointing a gun – without firing it – constitutes the use or threatened use of deadly force (as opposed to non-deadly force) in Florida. In Florida, aggravated assault with a deadly weapon is a very serious offense. Aggravated assault is typically punishable by up to …