Pumphrey Law Blog

Drug Paraphernalia vs. Everyday Items in Florida: How Courts Decide

August 28, 2025 Criminal Defense, Drug Charges

In Florida, possession of drug paraphernalia (Fla. Stat. 893.147) is a very serious offense. Use of or possession with intent to use drug paraphernalia is considered a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Drug paraphernalia is defined as any item or object used, intended to be used, or designed to be used …

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Can Intent to Commit a Separate Offense Be Inferred in a Florida Burglary Case?

August 28, 2025 Criminal Defense, Theft/Property Crimes

In Florida, burglary (Fla. Stat. 810.02) is an extremely serious felony offense. In addition to entering or remaining unlawfully within a dwelling, structure or conveyance, a key element of burglary is that the defendant must have had the intent to commit a separate crime once inside. In many burglary cases, there is only circumstantial (indirect) evidence that the defendant intended …

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Can a Car Accident Trigger Criminal Mischief Charges in Florida?

August 28, 2025 Criminal Defense

In Florida, criminal mischief is a serious offense. Criminal mischief occurs when someone willfully and maliciously damages the property of another. It can be classified as either a misdemeanor or felony, depending on the value of the damage. When someone says “criminal mischief,” most think of acts like vandalizing a building via graffiti, breaking someone’s window, or a similar act …

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Can Repair Costs Be Used to Prove Damages in a Florida Criminal Mischief Case?

August 28, 2025 Criminal Defense

In Florida, criminal mischief is a very serious offense. It occurs when someone willfully and maliciously damages the property of another person without their consent. Depending on the value of that damage, criminal mischief can either be considered a misdemeanor or a felony. In some cases, repair costs may be used to calculate the damage to someone’s property for purposes …

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Is Stand Your Ground a Defense in a Florida Aggravated Assault Case?

August 28, 2025 Violent Crimes

In Florida, being charged with aggravated assault (Fla. Stat. 784.021) is very serious. Aggravated assault can occur in one of two ways – with a deadly weapon without intent to kill, or with an intent to commit a separate felony. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. Aggravated assault is …

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Entrapment Defense in Florida Online Solicitation Cases: How It Works and When It Applies

August 28, 2025 Criminal Defense

In Florida, someone may be charged with online solicitation of a minor (Fla. Stat. 847.0135(3)) after sending an allegedly solicitous digital communication to what turns out to be an undercover officer. In such a case, a viable defense may be to argue entrapment – that the defendant was not predisposed to commit the act and was induced to do so …

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How Challenging Property Value Can Reduce Criminal Mischief or Theft Charges in Florida

August 28, 2025 Criminal Defense, Theft/Property Crimes

In Florida, criminal mischief and theft can either be charged as a felony or a misdemeanor. Criminal mischief (Fla. Stat. 806.13) occurs when someone willfully and maliciously damages the property of another. It is also commonly referred to as vandalism. Theft (Fla. Stat. 812.014) occurs when someone obtains, uses, or attempts to obtain or use the property of another for …

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Is Aggravated Assault a Felony in Florida? How to Beat or Reduce the Charges

August 28, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault is a very serious criminal offense. If someone is charged, one of the most common questions is whether aggravated assault (Fla. Stat. 784.021) is a felony or a misdemeanor. The answer is that aggravated assault charges are always a felony in Florida. Aggravated assault can occur in one of two ways: Aggravated assault with a deadly …

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Can Verbal Threats Lead to Aggravated Assault Charges in Florida?

August 28, 2025 Criminal Defense, Violent Crimes

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. Aggravated assault can occur in one of two ways: Aggravated assault with the use of a deadly weapon without intent to kill  Aggravated assault with intent to commit a separate …

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