Pumphrey Law Blog

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

In Florida, sexual battery is a very serious felony offense. Under Fla. Stat. Section 794.011, sexual battery is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, except for acts done for bona fide medical purposes,” without consent. However, attempting the …

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

In Florida, entrapment can potentially be used as a defense to criminal charges if an individual only committed a crime due to government action. To argue entrapment under Fla. Stat. Section 777.201, someone must establish that they were induced by law enforcement to act illegally, and they were not predisposed to commit the crime with which they are charged. Inducement …

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

In Florida, entrapment can be used as a defense to various criminal charges. Under Fla. Stat. Section 777.201 and the Florida Supreme Court’s ruling in Munoz v. State, 629 So. 2d 90 (Fla. 1993), entrapment occurs when the government induces a non-predisposed defendant to commit a crime they otherwise would not have committed. But what does “predisposition” mean in the …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, second-degree murder is a felony punishable by up to life in prison. However, there is also the lesser known crime of attempted second-degree murder. This blog will explain the offense of attempted second-degree murder in Florida, and what must be proven for someone to be convicted of it.  Attempted second-degree murder occurs when someone takes an intentional but …

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

If someone is charged with lewd or lascivious molestation via “enticing” a victim to touch them in an unlawful manner, does this require the victim to have actually touched that person, or does it simply require “enticing” them to do so? This article will explore a recent Florida court ruling that lewd or lascivious molestation requires actual physical touching of …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A popular legal question in Florida is whether the scent of marijuana alone can serve as probable cause for a police officer to search a vehicle. As Florida has already legalized hemp, the scent of which is indistinguishable from fresh marijuana, some courts have ruled the scent of marijuana alone cannot serve as probable cause for a vehicle search. Baxter …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery is a very serious felony. Depending on the offense, sexual battery is punishable by the death penalty (under Florida law). An adult who commits a sexual battery upon a child under the age of 12 is eligible for the death penalty if: Within 45 days of a defendant’s arraignment, the State announces intent to seek the …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

During the course of a criminal investigation, law enforcement will sometimes allege that an individual accused of a crime confessed to it. But what if no evidence of a written or spoken confession is provided – aside from the claim from a police officer that a confession occurred? This article will explain whether an unrecorded confession with no corroborating evidence …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court has ruled that a drug not recognized by name in Florida’s law prohibiting possession of substitute cathinones (bath salts) is still illegal and subject to the same criminal penalties as other controlled substances recognized by name under the statute. This article will discuss the Fourth District Court of Appeal’s Jackson v. State ruling, and what it …