Pumphrey Law Blog

August 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Violent Career Criminal (VCC) and Habitual Violent Felony Offender (HVFO) are both sentencing designations under Fla. Stat. Section 775.084 for repeat felony offenders who are convicted of an additional violent felony. However, VCC and HVFO differ in terms of their criteria, penalties, and application. This blog will discuss the similarities and differences between VCC and HVFO in Florida, …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements Social Share

In Florida, DUI (driving under the influence) occurs when someone operates or is in actual physical control of a motor vehicle with a BAC of 0.08 or above, or when their normal faculties have been impaired by alcohol or any other substance.  But what happens when the impairment is caused by a drink that someone believed had no alcohol on …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a serious criminal offense that may be punishable by jail or prison time, hefty fines, license suspensions, and more. But in some cases, a lesser “wet reckless” charge for what was originally charged as a DUI may be a viable alternative to a DUI conviction. This blog will discuss the elements of DUI and potential penalties, …

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

In Florida, a new law recently took effect that increases the penalties for various vessel-related crimes and civil infractions. This blog will discuss HB 289/SB 628, popularly referred to as “Lucy’s Law,” which took effect on July 1, 2025. Lucy’s Law was signed by Governor Ron DeSantis in June 2025 – it took effect on July 1, 2025. The legislation …

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 …