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Pumphrey Law Blog

Author: Don Pumphrey, Jr.

Defenses to Grand Theft of a Firearm in Florida

July 8, 2025 Criminal Defense, Theft/Property Crimes

In Florida, grand theft of a firearm is a very serious criminal offense. Under Fla. Stat. Section 812.014(2)(c)(5), theft of a firearm of any value is considered grand theft – a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If someone is charged with grand theft of a firearm, this may initially seem like …

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Defenses to Use or Possession of Drug Paraphernalia in Florida

July 8, 2025 Criminal Defense, Drug Charges

In Florida, use of or possession with intent to use drug paraphernalia – even without possession of the underlying drug – is a criminal offense. Fla. Stat. Section 893.147 makes use of or possession with intent to use drug paraphernalia a first-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.  However, …

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Defenses to Burglary of a Conveyance in Florida

July 8, 2025 Criminal Defense, Theft/Property Crimes

In Florida, burglary of a conveyance is a very serious enhanceable felony offense. This blog will discuss the offense of burglary of a conveyance in Florida and potential defenses if someone is charged with this crime. Under Fla. Stat. Section 810.02, burglary is defined as entering or remaining in a dwelling, structure or conveyance with the intent to commit a …

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Defenses to Traveling to Meet a Minor in Florida

July 8, 2025 Criminal Defense, Sex Crimes

In Florida, traveling to meet a minor for the purpose of sexual activity is a very serious criminal offense. Under Fla. Stat. Section 847.0135(4), traveling to meet a minor is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Though some cases involve an allegation that someone traveled to meet an actual minor for …

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Defenses to Attempted Second-Degree Murder in Florida

July 8, 2025 Criminal Defense, Violent Crimes

In Florida, attempted second-degree murder is a very serious felony offense. It is typically charged as a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. When someone is arrested and formally charged with attempted second-degree murder, this can initially seem like a hopeless situation. However, various defenses exist to this charge. This blog will …

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Defenses to Aggravated Assault With a Deadly Weapon in Florida

July 8, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault with a deadly weapon (including a firearm) is a very serious felony offense. Under Fla. Stat. Section 784.021(1)(a), an aggravated assault with a deadly weapon occurs when all of the following are true: The defendant made an intentional and unlawful threat, by word or act, to use violence against that other person At the time of …

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What Are My Miranda Rights in Florida?

July 8, 2025 Criminal Defense

In Florida, law enforcement is required to read someone their Miranda rights before subjecting them to custodial interrogation. Though these rights may seem straightforward, the outcome of many criminal cases hinges on the validity (or invalidity) of a suspect waiving their Miranda rights and agreeing to speak with law enforcement. If law enforcement does not advise someone of all their …

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Does Aggravated Assault with a Firearm in Florida Require A Gun Be Pointed at Someone?

July 8, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault with a firearm is a very serious felony offense. Under Fla. Stat. Section 784.021, aggravated assault with a firearm is a third-degree felony if it is done without the intent to kill the victim or with the intent to commit a felony. This is punishable by up to 5 years in prison and a $5,000 fine.  …

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Defenses to Vessel Homicide in Florida

July 8, 2025 Criminal Defense, Violent Crimes

In Florida, vessel homicide is a very serious felony offense. A “vessel” is broadly defined as any watercraft (including a boat), regardless of size or propulsion, used or capable of being used for transportation. Under Fla. Stat. Section 782.072, the crime of vessel homicide is committed when all of the following are proven beyond a reasonable doubt: The victim is …

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