Pumphrey Law Blog

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

In Florida, someone may fire “warning shots” in response to an imminent threat of death or great bodily harm. These are shots that are not intended to kill or even injure a victim – but are instead fired to indicate that someone is armed and willing to use additional deadly force if this becomes truly necessary to defend themselves or …

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

In Florida, aggravated assault (Fla. Stat. 784.021) is a serious felony offense. It is punishable by up to 5 years in prison and a $5,000 fine. Aggravated assault may be committed in one of two ways: The defendant uses a deadly weapon without intent to kill the victim The defendant commits the aggravated assault with the intent to commit a …

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

In Florida, aggravated assault (Fla. Stat. Section 784.021) and aggravated battery (Fla. Stat. Section 784.045) are very serious felony offenses. Aggravated assault with a deadly weapon without intent to kill or with intent to commit a felony is a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine). Aggravated battery is a second-degree felony (punishable …

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

In Florida, possession of a firearm by a convicted felon is unlawful under Fla. Stat. Section 790.23. That statute also prohibits someone convicted of a felony from having ammunition, or electric weapons or devices (such as tasers) in their care, custody, or control. The penalties for possession of a firearm by a convicted felon are very serious. Possession of a …

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

In Florida, many people believe the definition of a deadly weapon for purposes of aggravated assault and other violent crimes, such as aggravated battery, to be quite narrow. A “deadly weapon” clearly includes objects like guns or knives – but it is widely believed to end there. However, when it comes to charging offenses involving a deadly weapon in Florida, …

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

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious criminal offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, enhanceable to a second-degree felony punishable by up to 15 years and a $10,000 fine if done in furtherance of a riot or aggravated riot. There are two ways aggravated …

August 26, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vehicular and vessel homicide are both very serious felony offenses with nearly identical elements. For someone to be convicted of vehicular homicide (Fla. Stat. 782.071) or vessel homicide (Fla. Stat. 782.072), their reckless operation of a vehicle or vessel must cause the death of a victim or their unborn child. Whether a defendant’s operation of a vehicle or …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.021) and simple assault (without aggravating factors under Fla. Stat. 784.011) are similar offenses. However, there are also key differences between them. This blog will compare and contrast the crimes of aggravated assault and assault (simple assault) in Florida. Assault in Florida Assault is defined as an intentional, unlawful threat by word or act …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault with a deadly weapon without intent to kill, or with the intent to commit a felony (Fla. Stat. 784.021) is a very serious criminal offense. It is typically charged as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If the aggravated assault occurs in furtherance of a riot or …