Pumphrey Law Blog

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

If someone is charged with burglary (Fla. Stat. 810.02) in Florida, they will quickly realize this is a very serious felony offense. Thus, it is important to understand lesser-included offenses – as requesting an instruction on a lesser-included offense at trial may lead to someone avoiding a conviction for burglary (and instead being found guilty of misdemeanor trespass, or nothing …

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

In Florida, a call to 911 can be used in court if it meets specific criteria. While the audio of a 911 call is not always admissible at a criminal proceeding, certain characteristics may allow it to be introduced into evidence. Depending on the content of a 911 call, whether or not it is played can impact the outcome of …

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, Sex Crimes Social Share

In Florida, sexual battery (Fla. Stat. Section 794.011) and sexual assault are often used as interchangeable terms. However, there are key differences between these offenses. To the surprise of many, there actually is no crime called “sexual assault” in Florida law. However, if a sexual assault occurs (commonly thought of as a nonconsensual sexual touching without penetration), it is likely …

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

In Florida, someone may face a sexual battery charge (Fla. Stat. 794.011) even if a victim did not physically resist the act. A common question is – if the victim was not incapacitated and did not physically attempt to stop the alleged battery, can someone still be convicted?  The answer is yes, because the legal question is whether or not …

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

In Florida, criminal mischief is a very serious crime that occurs when someone willfully and maliciously damages the real or personal property of another by any means. Criminal mischief (Fla. Stat. 806.13) covers acts such as graffiti, knocking out windows with a baseball bat, and more. For someone to be proven guilty of criminal mischief, the following must be established …

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

In Florida, the transferred intent doctrine is not widely discussed – but it is an important aspect of many criminal laws in the state. The transferred intent doctrine applies when a defendant intends to harm one person but unintentionally harms another.  The doctrine transfers the defendant’s intent from the intended victim to the actual victim for purposes of criminal liability. …