Pumphrey Law Blog

May 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, some crimes are “enhanceable” offenses. Certain facts may allow the State to charge what would otherwise be a misdemeanor as a felony, or a felony as an even more serious felony.  One such fact that can lead to an enhanced charge, and an enhanced sentence, is the fact that an offender was a family member or custodian of …

May 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, current law dictates that a jury be impaneled in both felony and misdemeanor cases with only six jurors selected. Florida is one of only a few states that still relies upon six-person juries in all criminal cases, with the exception of capital felonies, which require twelve jurors to be seated.  But many jurists and attorneys – including justices …

May 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, individuals may be charged with soliciting a minor online for sex, and then traveling to meet that minor for a sexual purpose. Often, felony charges of traveling to meet a minor are brought after someone arrives at an agreed-upon location, only to find that the ostensible minor was actually a law enforcement officer coordinating a sting operation. A …

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 …