Pumphrey Law Blog

May 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Stalking and aggravated stalking are serious criminal offenses that can carry significant legal and financial penalties. This page will define stalking under Florida law, outline elements that must be proven to establish someone is guilty of stalking, and potentially punishments someone may face if convicted. What is Stalking and Aggravated Stalking? Stalking occurs when a person willfully, maliciously, and repeatedly …

May 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Given the widespread use of electronic devices for communication, an increasingly common question is if text messages from a child qualify as child hearsay under Fla. Stat. Section 90.803(23). The answer to this question is: yes, if certain conditions are met.  This article will discuss the admissibility of text messages or similar online communications as child hearsay, and provide important …

May 21, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the possession of synthetic cathinones is criminalized under Fla. Stat. Section 893.13 and Fla. Stat. Section 893.135 . If someone is found to be in actual or constructive possession of synthetic cathinones, is manufacturing these with the intent to sell them, delivers or attempts to deliver them to another, or traffics them, this can carry severe criminal and …

May 21, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft is a very serious felony offense. Depending on the value of the items stolen, grand theft is punishable by between 5 and 30 years in prison.  Third-degree felony grand theft is the least serious form of grand theft under Florida law, and occurs when the misappropriate property in question was worth between $750 and $20,000. This …

May 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is taken into custody and subject to police interrogation, it is a constitutional requirement they be notified of their Miranda rights. These include the right to remain silent, the right to have an attorney (including during interrogation), and a notification of the fact that anything they say can and will be used against them in court.  If someone …

May 19, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s “Stand Your Ground” (SYG) law is one of the state’s most well-known statutes, and is often invoked in cases where someone claims they were defending themselves with a firearm or other deadly weapon. This article will discuss Florida’s Stand Your Ground law under Section 776.212(2), Florida Statutes, the procedural aspects of bringing a Stand Your Ground claim, and the …

May 19, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

If someone is charged with both online solicitation of a minor and traveling to meet a minor for sexual activity under Fla. Stat. Section 847.0135, a common observation is that the elements of the solicitation charge are entirely subsumed by the elements of the traveling charge. This raises the question – does charging someone with both offenses violate their protection …

May 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, first-degree felonies and punishable by life (PBL) felonies both carry extremely heavy criminal penalties if someone is convicted. Though PBL felonies are also first-degree felonies, specific facts of a case may result in a first-degree felony being punishable by life in prison as opposed to the typical maximum of 30 years. This article will discuss the differences between …

May 16, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In the event that someone is arrested, they should remain silent and ask for an attorney. The right to remain silent is rooted in the idea that someone should never be forced to serve as a witness in their own prosecution.  But this raises the question – can a prosecutor comment on a defendant’s silence, and claim that their refusal …