Pumphrey Law Blog

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s courts generally agree that although a lack of a criminal record is relevant in showing lack of predisposition to commit an offense, “post-inducement conduct” alone can establish that a defendant was predisposed to act unlawfully. In Florida, entrapment can be a potent defense to criminal charges if someone was induced by law enforcement to act criminally. There are two …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Judge Milton Hirsch denied a defendant’s motion for a twelve-person jury in an attempted murder trial, but not before making clear that he was only denying the motion because he was bound by a recent appellate court decision. In Florida, the vast majority of criminal cases (felonies and misdemeanors) are heard by juries consisting of just six members. The only …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A major Florida court ruled that despite an alleged child victim of sexual battery being 21 at the time a defendant was tried, her statements from the time she was a minor could still be admitted under Florida’s child hearsay exception. In Florida, child hearsay is a common legal issue at trials involving minor victims, particularly in cases of alleged …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal affirmed a defendant’s second-degree murder conviction, even though his Miranda rights were violated and his confession was wrongly used against him at trial. In Florida and throughout the United States, someone must be advised of their Miranda rights before they are subject to custodial interrogation. Per the U.S. Supreme Court’s landmark ruling in Miranda …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that despite evidence of significant damage to a victim’s vehicle intentionally caused by a defendant, the State had not proved the defendant guilty of felony criminal mischief. In Florida, criminal mischief is a serious offense under Fla. Stat. 806.13. It occurs when a person willfully and maliciously damages the property of another person …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal recently affirmed a defendant’s sentence even if it violated the U.S. Supreme Court’s Erlinger ruling, after applying a “harmless error analysis.” But one judge expressed reservations about this. In Florida, various sentencing laws such as PRR and HFO allow a judge to “find” various facts that lengthen the minimum or maximum sentence a defendant …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault is a very serious felony offense. Under Fla. Stat. 784.021, there are two kinds of aggravated assault: Aggravated assault with a deadly weapon (such as a firearm) Aggravated assault with the intent to commit a separate felony Aggravated assault is typically punishable by up to 5 years in prison and a $5,000 fine, as it is …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal affirmed a guilty verdict against a juvenile for murder, despite concerns that his Miranda rights were violated during interrogation. In Florida, someone must be advised of their Miranda rights before being subject to custodial interrogation. Per the U.S. Supreme Court’s landmark decision, Miranda v. Arizona, 384 U.S. 436 (1966), these include: The right to …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s Supreme Court ruled that grand theft of a firearm defendants cannot be said to have “acquired a firearm” while committing a felony for sentence enhancement purposes. Learn why. In Florida, grand theft of a firearm (Fla. Stat. 812.014) is a very serious offense. It is considered a third-degree felony, punishable by up to 5 years in prison and a …