Pumphrey Law Blog

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that the jury in an aggravated assault case should have received an instruction on non-deadly force, as there was some evidence in the record that supported the defendant’s claim that he felt threatened when he flashed a gun at a process server. In Florida, aggravated assault (Fla. Stat. 784.021(1)(a) and (1)(b)) is a …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s murder conviction after the trial judge failed to excuse a juror who took a multi-week forensic science course taught by the lead detective in the case. In Florida, jury selection (also known as voir dire) is a significant part of any criminal trial. The importance of jury selection is hard to …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a man’s second-degree murder conviction, as he did not act with a ‘depraved mind’ when he struck the victim with a stick in self-defense, causing bleeding that led to the victim’s death. In Florida, second-degree murder and attempted second-degree murder are very serious offenses. Second-degree murder is a first-degree felony, punishable by up …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a trial judge’s dismissal of a vehicular homicide charge against a police officer, finding that the State presented a “prima facie” case that she drove recklessly and caused the victim’s death. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious felony offense. It is typically considered a second-degree felony, punishable by …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that a defendant’s motion to dismiss in a vehicular homicide case must be denied so long as the State makes a ‘prima facie’ showing of reckless driving. However, this does not guarantee conviction at trial. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious offense. For someone to be guilty of …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Judge John F. Lakin of Manatee County dismissed a defendant’s solicitation of a minor charge, finding he was impermissibly entrapped by law enforcement despite having no predisposition to commit the offense. In Florida, solicitation of a minor and traveling to meet a minor charges may be brought after a defendant is ensnared in a law enforcement sting. Solicitation of a …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that an email thread in which a defendant divulged his plans to have sex with a person he believed to be a 14-year-old girl constituted solicitation of a minor. Here’s why. In Florida, solicitation of a minor to engage in unlawful sexual activity (Fla. Stat. 847.0135(3)) is a very serious felony offense. For …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal ruled that a man who stabbed another during a fight in a recreational vehicle was guilty of manslaughter as a matter of law, not second-degree murder. In Florida, second-degree murder and attempted second-degree murder are very serious felonies. For someone to be guilty of second-degree murder, the State must prove the following elements beyond …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant charged with unlawfully selling hydrocodone was objectively entrapped by law enforcement, requiring reversal of her conviction. In Florida, entrapment serves as a total defense to criminal charges. Entrapment occurs when law enforcement impermissibly induces someone to commit a crime that would not have otherwise occurred but for the police intervention. …