Pumphrey Law Blog

June 17, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft of a firearm is considered a very serious felony offense. It is regulated by Fla. Stat. Section 812.014(2)(c)(5). This article will discuss the crime of grand theft of a firearm in Florida, its elements, and potential defenses to this charge. For someone to be found guilty of grand theft of a firearm in Florida, the State …

June 17, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, particularly in cases involving an attempted crime, the abandonment defense can sometimes be relied upon. The abandonment defense allows someone accused of attempting a crime to argue that they voluntarily abandoned their criminal intent before completing the crime, thereby negating their culpability for the offense. This blog will discuss the abandonment defense in Florida under Fla. Stat. Section …

June 17, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

If someone fires a gun into the air in Florida, various criminal charges may be brought. Due to the potential for the projectile to injure or kill individuals on the ground, someone may face charges ranging from reckless discharge of a firearm to attempted second-degree murder. But given a lack of specific intent to kill another person, can someone really …

June 17, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture in response to allegations of criminal activity can be very serious. In response to developing probable cause that assets were used in the commission or furtherance of a criminal offense, law enforcement may sometimes seize those assets pursuant to the Florida Contraband and Forfeiture Act (FCFA). Assets that are typically seized by law enforcement as …

June 10, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, someone’s waiver of their Miranda rights must be knowing, intelligent, and voluntary. A suspect’s Miranda rights include the right to remain silent, the right to an attorney, and a notification of the fact that anything they say can and will be used against them in a court of law.  But what happens when someone invokes their Miranda rights …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is a very serious felony offense. Unlike many other forms of homicide, vessel homicide does not require the person charged with the homicide to have intended for the victim to die. If someone operates a vessel (boat) recklessly and their actions are the proximate cause of another’s death, they may be convicted of vessel homicide. This …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court recently answered a common question – can a K-9 (police dog) sniff of a vehicle that alerts an investigating officer to the potential presence of drugs serve as probable cause for a search? The Fifth District Court of Appeal says no. This article will discuss the Fifth DCA’s Ford v. State ruling and what it means …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted second-degree murder is a serious felony offense. It is considered a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. However, legal scholars and Florida courts have debated the legality of the state’s attempted second-degree murder statute – as it does not require someone to have specifically intended to commit murder for …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, the Pardo rule – though little-known outside of legal circles – is a staple of law and the operation of the state’s court system. This article will discuss the Pardo rule’s origins and its application in criminal cases in Florida. Florida has six District Courts of Appeal (DCAs) located throughout the state. These courts serve as intermediate appellate …