Pumphrey Law Blog

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 …

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

Florida’s 1st District Court of Appeal held that a defendant’s post-arrest statements served as the ‘corroboration’ necessary to admit an alleged child victim’s hearsay statement about abuse at the hands of the defendant. In Florida, hearsay is an out of court statement offered in court for the purpose of proving that statement is true. Hearsay is generally inadmissible in a …

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

Florida’s 1st District Court of Appeal held that it is not inherently objective entrapment when law enforcement orchestrates a sting operation in which officers pose as minors or parents of minors and chat with users about unlawful sexual activity. In Florida, entrapment is a total defense to criminal charges. If someone successfully argues that they were entrapped, the proper remedy …