Pumphrey Law Blog

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

Florida’s First District Court of Appeal rules that a confession from a defendant who claimed to have insomnia and to be under the influence of drugs was voluntarily given. What Are Miranda Rights? In Florida, someone must be read their Miranda rights before police subject them to custodial interrogation. Your Miranda rights include all of the following: The right to …

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

Florida’s 2nd District Court of Appeal rules that simply “carrying” a deadly weapon is insufficient for someone to be found guilty of aggravated assault with that weapon. In Florida, aggravated assault is a very serious felony offense. A common form of aggravated assault is aggravated assault with a firearm or deadly weapon, without intent to kill the victim.  For someone …

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

Florida’s Supreme Court rules that a guilty verdict at trial can override trial court errors at a Stand Your Ground pretrial immunity hearing. In Florida, Stand Your Ground (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041) is a frequently discussed law. It permits someone to use or threaten to use force, including deadly force, if this is a reasonable and proportional …

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

Domestic violence injunctions in Florida may be issued if someone has previously experienced domestic violence, or has a reasonable and imminent fear of becoming a domestic violence victim. In Florida, petitions are often filed for a domestic violence injunction – regulated by Fla. Stat. 741.30. Whether someone is filing for an injunction (petitioner) or is the target of the petition …

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

Aggravated assault with intent to commit a felony occurs when someone commits assault with the intent of using that assault to commit a separate felony offense under Florida law. In Florida, aggravated assault is a very serious offense. There are two types of aggravated assault recognized by Florida law – aggravated assault with the use of a deadly weapon, and …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, Stand Your Ground is a prominent state law that is often discussed in the context of shootings in self-defense. But there is often a lack of understanding regarding the specifics of Florida’s Stand Your Ground law (Fla. Stat. 776.012, 776.013, 776.031, 776.032, 776.041). This blog will answer frequently asked questions about Stand Your Ground in Florida. #1 – …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, Harmful Communication to a Minor is a little-known law (Fla. Stat. 847.01385). However, this crime may be charged in cases where a defendant’s communications with a minor does not constitute actual solicitation for sex, but does involve repeated and intentional verbal or written descriptions of unlawful sexual acts.  This blog will discuss Florida’s new law prohibiting “harmful communication …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted manslaughter by act is a serious criminal offense. However, it is not well understood, and often confused with other crimes. This blog will answer frequently asked questions about attempted manslaughter by act in Florida (Fla. Stat. 782.07 and 777.04). #1 – What is attempted manslaughter by act in Florida? This is a common question, as the answer …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, assault is a serious criminal offense. However, it is often confused with other offenses, including battery. This blog will answer frequently asked questions about the offense of assault (simple assault) in Florida (Fla. Stat 784.011). #1 – What is the definition of assault? According to Florida law, an “assault” is an intentional, unlawful threat by word or act …