Pumphrey Law Blog

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. …

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

Florida’s 5th District Court of Appeal ruled that a defendant reasonably believed police officers, who did not identify themselves before grabbing his niece out of his home, were kidnapping her – allowing him to use deadly force. In Florida, Stand Your Ground provides total immunity to defendants who successfully assert it from criminal prosecution. If someone reasonably believes that the …

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

Florida’s 2nd District Court of Appeal ruled that a defendant accidentally discharging his firearm, causing damage to a car window, was not guilty of criminal mischief for damaging that window. In Florida, criminal mischief (Fla. Stat. 806.13) is a very serious offense. Criminal mischief occurs when someone willfully and maliciously damages the property of another by any means, without their …