Pumphrey Law Blog

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal found a defendant convicted of attempted second-degree murder and sentenced to 30 years in prison was not entitled to have a 12-person jury decide his case.  In Florida, the vast majority of criminal cases are heard and decided by six-person juries. Florida is one of only two states that continues to rely upon juries …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal upheld the admission of an alleged sexual abuse victim’s CPT interview tape under the child hearsay exception, finding the trial judge made sufficient findings on the record of its reliability and trustworthiness. In Florida, hearsay is a statement (or writing/record) made outside of court that is offered in court to prove that the content …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal held that a juvenile could not be adjudicated delinquent of felony criminal mischief when the sole estimate that the damages were above $1,000 came from a third party that did not testify. In Florida, criminal mischief (Fla. Stat. 806.13) is a very serious offense. For someone to be guilty, the State must prove beyond …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 5th District Court of Appeal found that a juvenile driving double the speed limit, in the dark, without an adult in the car despite only having a learner’s permit, committed vehicular homicide when he caused a fatal crash. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. For someone to be found guilty, the State …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of appeal reversed a defendant’s sentence to the statutory maximum because the trial judge appeared to take into consideration the fact that the defendant was not American. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) and solicitation of a minor online (Fla. Stat. 847.0135(3)) are very serious offenses. Someone may be charged with either …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that just because an undercover officer lied about their age in a traveling to meet a minor police sting, this did not mean the defendant was entrapped. In Florida, entrapment is a well-known but frequently misunderstood defense. Entrapment occurs when government agents (e.g. police) impermissibly induce a defendant to commit a crime that …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal found that the admission of child hearsay statements in a sexual abuse case was reversible error, as the trial judge did not make a sufficient, on-the-record finding of the child hearsay’s trustworthiness and reliability. In Florida, hearsay is formally defined as an out of court statement offered in court for the truth of the …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal held that the decedent’s conduct before a fatal accident can (almost) never be used as a defense to vehicular homicide.  In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. For someone to be proven guilty, the State must prove all of the following beyond a reasonable doubt: The defendant’s actions …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Over the last few decades, the question of what prosecutors must prove to convict someone of aggravated assault has had a changing answer, according to Florida’s top courts. In Florida, aggravated assault is a very serious offense (Fla. Stat. 784.021). For someone to be guilty, the State must prove all of the following beyond a reasonable doubt: The defendant made …