Pumphrey Law Blog

July 18, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, police may lawfully impound (take into police custody) and inventory search a vehicle under certain circumstances. Under Florida law, an inventory search often occurs when police take a vehicle into custody as a result of a suspected violation of a law or ordinance by the owner or occupant.  However, there are constitutional limits on when the impoundment and …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

If someone is accused of discharging a firearm in public or on residential property in an unlawful manner, this can be a very serious charge. Depending on the facts of the case, unlawful discharge of a firearm in public or on residential property is punishable as a first-degree misdemeanor (1 year in jail and a $1,000 fine) or even a …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

If someone is arrested and formally charged with the use or threatened use of deadly force in Florida, they may wish to rely upon a Stand Your Ground defense. Under Fla. Stat. Section 776.012, Stand Your Ground allows someone to use or threaten to use deadly force if they develop a reasonable belief that it is necessary to prevent death …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, two types of felony sexual solicitation charges are often brought: online solicitation of a minor (Fla. Stat. Section 847.0135) and solicitation of a minor to engage in lewd or lascivious conduct (Fla. Stat. Section 800.04(6)(a)(2)).  Being found guilty of soliciting a minor under either of these statutes can lead to years in prison, even if no sexual act …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession with intent to sell marijuana (PWITS) is a very serious felony offense. Under Fla. Stat. Section 893.13(1)(a), this charge arises if someone is accused of possessing marijuana (or other controlled substance) with intent to sell, manufacture or deliver the substance.  Possession with intent to sell marijuana is typically a second-degree felony (punishable by up to 15 years …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, petit (petty) theft is a serious criminal offense. Under Fla. Stat. Section 812.014(2)(e) petit theft is defined as the taking of property valued at less than $750 with intent to permanently or temporarily deprive the owner of their right to the property. Petty theft is a first-degree misdemeanor (punishable by up to 1 year in jail and a …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious exhibition is a very serious criminal offense. Under Fla. Stat. Section 800.04(7), lewd or lascivious exhibition is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine) if the defendant is an adult, and a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) if …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious battery (Fla. Stat. Section 800.04(4)) is a very serious felony that is distinct from sexual battery. Lewd and lascivious battery is “statutory rape,” criminalizing sexual activity between an adult defendant and a 12 to 15 year old minor that does not involve the sort of force or coercion associated with sexual battery charges (Fla. Stat. …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious conduct (Fla. Stat. Section 800.04(6)) is a very serious felony offense. Lewd or lascivious conduct occurs when someone engages in deliberate, nonpenetrative touching of a victim under the age of 16 with a sexual intent or solicits a child under 16 to engage in lewd or lascivious conduct.  If someone is charged with lewd or …