Pumphrey Law Blog

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

In Florida, improper exhibition of a firearm (Fla. Stat. Section 790.10) is a serious offense. As a first-degree misdemeanor, it is punishable by up to 1 year in jail and a $1,000 fine. Misdemeanor improper exhibition applies to any dangerous weapon including a sword, knife, dirk, or electric device such as a taser. This blog will explore defenses to improper …

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

In Florida, unlawful use of a two-way communications device is a serious felony offense (Fla. Stat. 934.215). As a “derivative offense,” unlawful use is charged alongside one or more felonies that the two-way communications device was allegedly used to facilitate.  Even if the underlying felony is not completed, someone may nevertheless be charged with unlawful use of a two-way communications …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery by someone in familial or custodial authority on a minor is an extremely serious felony offense (Florida Statutes Section 794.011(8)(b)). If a family member or someone in custodial authority commits sexual battery on a minor under the age of 12, this is a capital felony punishable by the death penalty under Florida law. If the minor …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation (Fla. Stat. Section 800.04(5)) is a very serious felony offense that is charged when a victim is less than 16 years of age. Though lewd or lascivious molestation is always a felony in Florida, the severity of the criminal penalties depends on the age of the victim and the defendant: If the victim is …

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

In Florida, criminal mischief is a serious offense. Under Fla. Stat. Section 806.13, criminal mischief occurs when a person willfully or maliciously injures or damages any real or personal property by any means. Examples of criminal mischief may include: Painting graffiti onto a public building Throwing a brick through someone’s window Damaging a historical monument Criminal mischief is punishable as …

July 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida, online solicitation of a minor (someone under the age of 18) is a very serious offense. It is typically charged as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. However, if someone misrepresents their age in the process of soliciting a minor online, this is considered a second-degree felony – punishable …

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

In Florida, trespass in a structure or conveyance is a serious criminal offense. Depending on the facts of the case, trespass may be charged as a second-degree misdemeanor (punishable by up to 60 days in jail and a $500 fine), a first-degree misdemeanor (punishable by up to 1 year in jail and a $1,000 fine) or a third-degree felony (punishable …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft of a firearm is a very serious criminal offense. Under Fla. Stat. Section 812.014(2)(c)(5), theft of a firearm of any value is considered grand theft – a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. If someone is charged with grand theft of a firearm, this may initially seem like …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, use of or possession with intent to use drug paraphernalia – even without possession of the underlying drug – is a criminal offense. Fla. Stat. Section 893.147 makes use of or possession with intent to use drug paraphernalia a first-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.  However, …