Pumphrey Law Blog

What is the Stand Your Ground Law in Florida?

December 21, 2020 Criminal Defense

florida stand your ground law

One of the most common questions asked of defense attorneys in hypothetical situations is “when I can defend myself?” The question and the potential answers reflect the politically charged atmosphere surround self-defense laws. In Florida and at least twenty-five other states, the answer is defined by a law called “stand your ground.” Stand your ground laws refer to when and …

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What is the Difference between Grand and Petit Theft in Florida?

December 14, 2020 Theft/Property Crimes

theft arrest

Theft crimes often carry significant penalties under Florida law. These crimes are charged either as petit theft (petty theft) and grand theft.  The main differentiation is the amount of property that is taken. Petit theft is very often charged in shoplifting cases, due to the lower dollar amount. Shoplifting can also fall under grand theft though; the only key factor …

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What is White-Collar Crime?

December 14, 2020 Criminal Defense

scam and white collar crime

White-collar crime is not a specific umbrella of crimes, such as theft or violence. Instead white-collar crimes are crimes that are perpetrated under specific circumstances. White-collar crimes are generally associated with individuals who don’t have a criminal history, either professionals or organized crime members. This creates confusion for the courts, generally a first offense carries substantial leniency, but the complicated …

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The Rise of Domestic Violence During the COVID-19 Pandemic

November 16, 2020 Domestic Violence

domestic violence in florida

The presence of COVID-19 and the associated lockdowns have had an extremely negative impact on society, with wide-sweeping changes affecting everything from the 15% of adults who have lost their income, to the functioning of the criminal justice system itself.  As of the posting of this article over a million people worldwide have lost their lives, with nearly 20% of …

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My School Contacted Me About a COVID Violation: Now What?

October 24, 2020 College Student Disciplinary Hearing

covid defense

As of the writing of this article there have been an estimated 8.5 million COVID-19 cases and 223,000 tragic deaths across the country. Early analysis wrongfully concluded that those under the age of 30 would be largely unaffected, but trends in college campuses across the nation have proven that wrong. Over 214,000 cases at over 1,600 universities have been traced …

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Possession in Florida: Actual vs Constructive

October 13, 2020 Drug Charges

possession of drugs

There are many crimes in Florida which require that the person be in possession of an illegal substance or item. These include but are not limited to: possession of drugs, possession of child pornography, and possession of a weapon by a felon. The state must prove beyond a reasonable doubt that a defendant legally possessed the contraband item, a much …

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What Constitutes Consent in Florida?

October 13, 2020 Sex Crimes

consent

Rape and sexual assault occur almost 50 times every hour in the United States. Often these crimes go unreported, and sometimes there are false reports that undermine the legitimate outcry of victims. Unfortunately, this is one area of the law where the criminal justice system frequently gets it wrong. Rape and sexual assault incidents as well as false allegations are …

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Jury Instructions in Criminal Cases in Florida

September 22, 2020 Criminal Defense

law books

Jury instructions in criminal cases in Florida are read to the jury at the end of the trial and serve as a set of directions for the jury to abide by. Jury instructions outline not only how the jury is obligated to evaluate the evidence, but also puts a set of hard rules in place for what is proper and …

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Reducing a DUI Charge to a Reckless Driving Charge

September 2, 2020 Drunk Driving/DUI

florida dui felony

A conviction of Driving under the Influence (DUI) can have extremely significant impacts on all areas of your life. These penalties and ramifications increase significantly depending on prior convictions: First DUI Jail – Up to 6 months If BAC over .15, or minor in the car = 9 months If cause of accident = 12 months License suspension – 6 …

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