Pumphrey Law Blog

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious conduct (Fla. Stat. 800.04(6)) and lewd or lascivious exhibition (Fla. Stat. 800.04(7)) are both serious felony offenses. Though these may seem indistinguishable at first glance, lewd and lascivious exhibition and lewd or lascivious conduct are distinct offenses under Florida law. Note: Lewd and lascivious acts involve “a wicked, lustful, unchaste, licentious, or sensual intent on …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI (Fla. Stat. 316.193) and BUI (Fla. Stat. 327.35) are both very serious criminal offenses that can carry major penalties (including a felony conviction in some cases). However, there are key differences between DUI and BUI that are worth exploring. This article will discuss the elements of both DUI (driving under the influence) and BUI (boating under the …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, the confusion doctrine is a legal principle that applies when a defendant receives an implied consent warning and a Miranda warning before submitting to a DUI test. This blog will discuss the confusion doctrine and how it may result in the suppression of evidence – especially given the recent passage of Trenton’s Law.  The confusion doctrine in is …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation (Fla. Stat. Section 800.04(5)) and lewd or lascivious battery (800.04(4)) are both very serious felony sexual offenses. Each of these crimes involve illegal sexual activity with a minor. However, there are key differences between them. This article will discuss the elements of lewd or lascivious molestation and lewd or lascivious battery, as well as …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft and petit (petty) theft are two separate but distinct offenses. The difference between them lies primarily in how they are punished and the value of the property required to be stolen (Fla. Stat. Section 812.014).  However, in some circumstances, most people may believe they are committing petit theft – but this is actually grand theft punishable …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, “swatting” is a very serious criminal offense. Swatting has become famous in the context of SWAT teams being called on various politicians, commentators, and celebrities – and typically involves someone calling 911 to report an emergency situation (such as the taking of hostages) at an address where this is not actually occurring. The result of “swatting” in some …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, criminal mischief is a serious offense. If someone is arrested and formally charged with criminal mischief, one of the first questions often asked is whether this is a felony or a misdemeanor. The answer is that criminal mischief can be either – but it depends on the value of the property allegedly damaged. This blog will discuss the …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

The Death of Justice currently has a 5-star rating on Amazon. It is available for purchase here: https://www.amazon.com/dp/B0FF3PDZVS  While most law students were cramming for exams, David Glasser was doing the same… and writing a legal thriller. Glasser, a rising third-year law student at Florida State University, is a law clerk at Pumphrey Law. He has worked at the firm …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Trenton’s Law: Florida’s New Law On DUI, DUI Manslaughter, Vehicular Homicide, BUI Manslaughter and Vessel Homicide DUI (driving under the influence) and BUI (boating under the influence) manslaughter, as well as vehicular and vessel homicide, are very serious felony offenses in Florida. Now, the penalties are even heavier as a result of a new act from the Florida Legislature, titled …