Pumphrey Law Blog

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, Theft/Property Crimes Social Share

In Florida, robbery (Fla. Stat. 812.13) and burglary (Fla. Stat. 810.02) are similar yet distinct offenses. Though these are sometimes thought of interchangeably, robbery and burglary have distinct elements, potential penalties, and defenses. This blog will explore the similarities and differences between robbery and burglary. Robbery in Florida Robbery involves taking money or property from another person or their immediate …

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 26, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary and theft are two similar yet distinct offenses. Burglary involves unlawfully entering or remaining in a dwelling, structure or conveyance with the intent to commit an additional crime therein. Theft involves knowingly obtaining or using (or attempting to do so) the property of another with the intent to permanently or temporarily deprive them of it. Though they …

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 …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI manslaughter and vehicular homicide are similar yet distinct offenses. Vehicular homicide (Fla. Stat. 782.071) involves the death of a victim caused by the defendant’s reckless operation of a motor vehicle. DUI manslaughter (Fla. Stat. 316.193(3)(c)(3)) occurs when the death of a victim is caused or contributed to by a driver operating a motor vehicle while under the …

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

Florida’s HVFO law is not widely understood. But this law is a “big nasty” in sentencing for someone convicted of a felony after having been convicted of one or more prior enumerated violent felonies. HVFO (Habitual Violent Felony Reoffender) is a sentencing classification that permits the court to impose extended terms of imprisonment – including harsh mandatory minimum prison terms …