Pumphrey Law Blog

May 16, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Attempted felony murder, attempted first-degree murder, and attempted second-degree murder are charged under Florida Statutes Sections 782.04 and 777.04, which criminalize attempted murder in the state.  In Florida, attempted murder is a very serious felony offense. But under Florida law, there are various forms of attempted murder – all of which have varying elements and carry different potential criminal penalties. …

May 16, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When someone is put on trial for allegedly committing a crime, a common misconception is that a twelve-person jury is required. But Florida is one of a handful of U.S. states that requires just six jurors to be seated in all criminal trials – except when someone is tried for a capital offense. This blog will explore the law and …

April 29, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Attempted manslaughter by act is itself a crime, even if the victim does not die. This blog will discuss attempted manslaughter by act, the elements of the offense, potential punishments and defenses to this serious felony charge in Florida. In Florida, manslaughter is defined as the unlawful killing of a human being by the act, procurement, or culpable negligence of …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes, Violent Crimes Social Share

Florida’s Prisoner Releasee Reoffender statute is the “Big Nasty” of sentencing laws in Florida. But a recent U.S. Supreme Court decision has an impact on the PRR law, which automatically enhances the sentences for certain defendants if convicted. This article will explore Erlinger v. United States and its implications for criminal sentencing in Florida. Florida’s PRR law, Fla. Stat. Section …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

If a juvenile is convicted of a major crime, such as murder or a life felony, a common question is if they will ever get out of prison. While this is not guaranteed, the U.S. Supreme Court has ruled that juvenile offenders cannot be sentenced mandatorily to life without parole, unless there is a special “Miller/Graham resentencing hearing.” This article …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Cross examination is a legal and ethical “set-up.” Never forget – a set-up. Confrontation through cross-examination is the exercise of a fundamental constitutional right: the right to confront one’s accuser(s). It is a truth-seeking tool, and the answers to the questions being asked by the examining attorney are usually already known.  The examiner’s goal is to challenge the credibility and …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

What is the Difference Between Attempted First-Degree & Attempted Second-Degree Murder in Florida? What to Know In Florida, the crimes of first- and second-degree murder exist. So do the crimes of attempted first- and second-degree murder. But since attempted murder does not involve the death of the victim, what is the difference between attempted first- and second-degree murder? This article …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, the charge of unauthorized access of a computer network can carry serious criminal and financial penalties. But what must someone do to be convicted of unauthorized access of a computer network? Florida Statutes Section 815.06 criminalizes unauthorized access of a computer network. In order to violate the statute, someone must do at least one of the following:  Access …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

When officers are preparing an accident report and suspect someone was illegally driving under the influence, are confessions they make to police admissible? This blog will explore the accident report privilege and address when statements made to officers while investigating a traffic crash are admissible in criminal court. What is the Accident Report Privilege in Florida? In Florida, the accident …