Pumphrey Law Blog

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 …

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

Attempted felony murder, attempted first-degree murder, and attempted second-degree murder are charged under Florida Statutes Sections 782.04 and 777.04, which criminalize attempted murder in the state.  In Florida, attempted murder is a very serious felony offense. But under Florida law, there are various forms of attempted murder – all of which have varying elements and carry different potential criminal penalties. …

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

When someone is put on trial for allegedly committing a crime, a common misconception is that a twelve-person jury is required. But Florida is one of a handful of U.S. states that requires just six jurors to be seated in all criminal trials – except when someone is tried for a capital offense. This blog will explore the law and …

April 29, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Attempted manslaughter by act is itself a crime, even if the victim does not die. This blog will discuss attempted manslaughter by act, the elements of the offense, potential punishments and defenses to this serious felony charge in Florida. In Florida, manslaughter is defined as the unlawful killing of a human being by the act, procurement, or culpable negligence of …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes, Violent Crimes Social Share

Florida’s Prisoner Releasee Reoffender statute is the “Big Nasty” of sentencing laws in Florida. But a recent U.S. Supreme Court decision has an impact on the PRR law, which automatically enhances the sentences for certain defendants if convicted. This article will explore Erlinger v. United States and its implications for criminal sentencing in Florida. Florida’s PRR law, Fla. Stat. Section …