Pumphrey Law Blog

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, 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 21, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, an injunction is defined as a court order that tells one person to stay away from and not contact another person (the petitioner). A person may be subject to an injunction for various reasons. These include: Domestic violence Stalking  Cyberstalking Someone subject to a final injunction is prohibited from possessing a firearm or ammunition. This is not just …

March 31, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, like the rest of the United States, there is a cherished tradition of free speech and expression. But this right is not unlimited. Florida’s legislature has made clear that when someone threatens a mass shooting – including a school shooting – this is not protected by the First Amendment. In fact, it is a felony. Florida Statutes Section …

June 26, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Theft/Property Crimes, Violent Crimes Social Share

Before October 31, 1998, the Florida Criminal Punishment Code consisted of restrictions on the maximum and minimum penalties for felonies of various types in Florida. On that day, Florida’s Legislature changed the criminal punishment code to allow a judge in their discretion to give – without any reason either written or otherwise – the maximum penalty for each felony crime …

June 24, 2024 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Prison releasee reoffender (PRR) in Florida is really bad for anyone who qualifies – in every sense of the word. In Florida, criminal penalties are enhanced when someone reoffends after having committed enumerated statutory violations (Florida Statutes Section 775.082 9(a)(1)) within three years of having been released from the Florida Department of Corrections or another facility covered under the statute. …

May 31, 2024 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, kidnapping can be charged as a first-degree felony with up to a life sentence. The definition of kidnapping under Florida law is using force, threats of force, or acting secretly to imprison, abduct, or confine someone against their will, without lawful authority. This is done with the intent to: Hold the person for ransom or reward Use the …