Pumphrey Law Blog

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault with a deadly weapon (including a firearm) is a very serious felony offense. Under Fla. Stat. Section 784.021(1)(a), an aggravated assault with a deadly weapon occurs when all of the following are true: The defendant made an intentional and unlawful threat, by word or act, to use violence against that other person At the time of …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, law enforcement is required to read someone their Miranda rights before subjecting them to custodial interrogation. Though these rights may seem straightforward, the outcome of many criminal cases hinges on the validity (or invalidity) of a suspect waiving their Miranda rights and agreeing to speak with law enforcement. If law enforcement does not advise someone of all their …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault with a firearm is a very serious felony offense. Under Fla. Stat. Section 784.021, aggravated assault with a firearm is a third-degree felony if it is done without the intent to kill the victim or with the intent to commit a felony. This is punishable by up to 5 years in prison and a $5,000 fine.  …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is a very serious felony offense. A “vessel” is broadly defined as any watercraft (including a boat), regardless of size or propulsion, used or capable of being used for transportation. Under Fla. Stat. Section 782.072, the crime of vessel homicide is committed when all of the following are proven beyond a reasonable doubt: The victim is …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, possession and distribution of child pornography is an extremely serious felony. Possession of child pornography is classified as a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. If someone is charged with aggravated possession (depending on the material recovered), this is a second-degree felony, punishable by up to 15 years …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When law enforcement takes a suspect into custody in Florida and wishes to interrogate them, they must first notify the suspect of their Miranda rights. Under the U.S. Supreme Court’s decision in Miranda v. Arizona, officers must advise them of the following: Their right to remain silent  The fact that anything they say can and will be used against them …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Among the most important out of court statements at a criminal trial are prior inconsistent statements – prior statements from a witness that contradict or do not align with the content of their current testimony. …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Perjury is a well-known criminal offense. It typically involves lying or making contradictory statements in a judicial proceeding while under oath. However, there are also many other forms of perjury under Florida Statutes Chapter 837 (Florida’s perjury law). This article will discuss Florida’s laws against perjury and the potential criminal and financial penalties someone may face if found guilty of …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted within the statement. Hearsay is generally considered inadmissible in court unless it qualifies under one (or more) hearsay exceptions in the Florida Rules of Evidence (Fla. Stat. Sections 90.803 and 90.804). As hearsay only refers to out of …