Pumphrey Law Blog

April 29, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Attempted manslaughter by act is itself a crime, even if the victim does not die. This blog will discuss attempted manslaughter by act, the elements of the offense, potential punishments and defenses to this serious felony charge in Florida. In Florida, manslaughter is defined as the unlawful killing of a human being by the act, procurement, or culpable negligence of …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes, Violent Crimes Social Share

Florida’s Prisoner Releasee Reoffender statute is the “Big Nasty” of sentencing laws in Florida. But a recent U.S. Supreme Court decision has an impact on the PRR law, which automatically enhances the sentences for certain defendants if convicted. This article will explore Erlinger v. United States and its implications for criminal sentencing in Florida. Florida’s PRR law, Fla. Stat. Section …

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

If a juvenile is convicted of a major crime, such as murder or a life felony, a common question is if they will ever get out of prison. While this is not guaranteed, the U.S. Supreme Court has ruled that juvenile offenders cannot be sentenced mandatorily to life without parole, unless there is a special “Miller/Graham resentencing hearing.” This article …

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

Cross examination is a legal and ethical “set-up.” Never forget – a set-up. Confrontation through cross-examination is the exercise of a fundamental constitutional right: the right to confront one’s accuser(s). It is a truth-seeking tool, and the answers to the questions being asked by the examining attorney are usually already known.  The examiner’s goal is to challenge the credibility and …

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

What is the Difference Between Attempted First-Degree & Attempted Second-Degree Murder in Florida? What to Know In Florida, the crimes of first- and second-degree murder exist. So do the crimes of attempted first- and second-degree murder. But since attempted murder does not involve the death of the victim, what is the difference between attempted first- and second-degree murder? This article …

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

In Florida, the charge of unauthorized access of a computer network can carry serious criminal and financial penalties. But what must someone do to be convicted of unauthorized access of a computer network? Florida Statutes Section 815.06 criminalizes unauthorized access of a computer network. In order to violate the statute, someone must do at least one of the following:  Access …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

When officers are preparing an accident report and suspect someone was illegally driving under the influence, are confessions they make to police admissible? This blog will explore the accident report privilege and address when statements made to officers while investigating a traffic crash are admissible in criminal court. What is the Accident Report Privilege in Florida? In Florida, the accident …

April 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a very serious offense. Depending on the facts of a case, DUI can be charged as either a misdemeanor or a felony. Often, someone charged with DUI can face years of prison time under Florida Statutes Section 316.093 if found guilty at trial.  For someone to be arrested for DUI, it must typically be established that …

April 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Under Florida Statutes Section 316.1935(1), fleeing to elude a law enforcement officer occurs when someone in a vehicle attempts to avoid being stopped or arrested by police, even when they have been ordered to do so by a duly authorized officer. Fleeing to elude a law enforcement officer is a very serious felony in Florida. This article will discuss fleeing …