Pumphrey Law Blog

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is a very serious felony offense. Unlike many other forms of homicide, vessel homicide does not require the person charged with the homicide to have intended for the victim to die. If someone operates a vessel (boat) recklessly and their actions are the proximate cause of another’s death, they may be convicted of vessel homicide. This …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted second-degree murder is a serious felony offense. It is considered a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. However, legal scholars and Florida courts have debated the legality of the state’s attempted second-degree murder statute – as it does not require someone to have specifically intended to commit murder for …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, second-degree murder is a felony punishable by up to life in prison. However, there is also the lesser known crime of attempted second-degree murder. This blog will explain the offense of attempted second-degree murder in Florida, and what must be proven for someone to be convicted of it.  Attempted second-degree murder occurs when someone takes an intentional but …

May 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s “Stand Your Ground” (SYG) law is one of the state’s most well-known statutes, and is often invoked in cases where someone claims they were defending themselves with a firearm or other deadly weapon. This article will discuss Florida’s Stand Your Ground law under Section 776.212(2), Florida Statutes, the procedural aspects of bringing a Stand Your Ground claim, and the …

May 16, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Attempted felony murder, attempted first-degree murder, and attempted second-degree murder are charged under Florida Statutes Sections 782.04 and 777.04, which criminalize attempted murder in the state.  In Florida, attempted murder is a very serious felony offense. But under Florida law, there are various forms of attempted murder – all of which have varying elements and carry different potential criminal penalties. …

April 29, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Attempted manslaughter by act is itself a crime, even if the victim does not die. This blog will discuss attempted manslaughter by act, the elements of the offense, potential punishments and defenses to this serious felony charge in Florida. In Florida, manslaughter is defined as the unlawful killing of a human being by the act, procurement, or culpable negligence of …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes, Violent Crimes Social Share

Florida’s Prisoner Releasee Reoffender statute is the “Big Nasty” of sentencing laws in Florida. But a recent U.S. Supreme Court decision has an impact on the PRR law, which automatically enhances the sentences for certain defendants if convicted. This article will explore Erlinger v. United States and its implications for criminal sentencing in Florida. Florida’s PRR law, Fla. Stat. Section …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

If a juvenile is convicted of a major crime, such as murder or a life felony, a common question is if they will ever get out of prison. While this is not guaranteed, the U.S. Supreme Court has ruled that juvenile offenders cannot be sentenced mandatorily to life without parole, unless there is a special “Miller/Graham resentencing hearing.” This article …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

What is the Difference Between Attempted First-Degree & Attempted Second-Degree Murder in Florida? What to Know In Florida, the crimes of first- and second-degree murder exist. So do the crimes of attempted first- and second-degree murder. But since attempted murder does not involve the death of the victim, what is the difference between attempted first- and second-degree murder? This article …