Pumphrey Law Blog

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted second-degree murder and attempted manslaughter by act are both very serious offenses. Attempted second-degree murder (Fla. Stat. Sections 782.04(2) and 777.04) is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Attempted manslaughter by act (Fla. Stat. Sections 782.07 and 777.04) is a third-degree felony punishable by up to 5 years …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, BUI (boating under the influence) manslaughter and vessel homicide are both extremely serious felony offenses that carry heavy penalties. Though both involve the death of a victim (or multiple victims) in connection to a vessel, there are key distinctions between the elements of these crimes and defenses.  This article will discuss the elements, criminal penalties, and available defenses …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vehicular and vessel homicide are very similar criminal offenses. However, there are also key differences between them. This blog will discuss elements, potential penalties, and legal defenses to vehicular and vessel homicide charges in Florida. Vehicular Homicide Vehicular homicide (Fla. Stat. Section 782.071) is the killing of a human being (or unborn child by injury to the mother) …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s Stand Your Ground law (Fla. Stat.Section 776.012) allows someone facing down an imminent threat of death or serious bodily harm to use (or threaten to use) deadly force in defense of themselves or others. But under certain circumstances, the law does not apply to those who are engaged in criminal activity at the time the force is used or …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, possession of a firearm by a convicted felon is a very serious offense. In addition to the prohibition on felons possessing a firearm, Fla. Stat. Section 790.23 also forbids someone convicted of a felony in the state from having ammunition or electric weapons or devices (such as tasers) in their care, custody, or control. As possession of a …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida, transmission of material harmful to minors (Fla. Stat. Section 847.0138) and online solicitation of a minor (Fla. Stat. Section 847.0135(3)) are both serious third-degree felonies that may be easily confused with one another. A minor under these statutes is defined as a person under the age of 18. However, these are distinct crimes which may be charged separately …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted manslaughter by act is a very serious offense. It is a third-degree felony, punishable by up to 5 years in prison, 5 years probation and a $5,000 fine. If someone is charged with attempted manslaughter by act (in violation of Fla. Stat. Section 782.07 (manslaughter) and 777.04 (attempt)), this can feel like a hopeless situation. However, there …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, burglary is considered a very serious felony. But a lesser-known offense than (and lesser-included offense of) burglary is possession of burglary tools (Fla. Stat. Section 810.06) – which is itself a very serious felony.  If someone is charged with possession of burglary tools in Florida, this may initially seem like a hopeless situation. However, there are many defenses …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, police may lawfully impound (take into police custody) and inventory search a vehicle under certain circumstances. Under Florida law, an inventory search often occurs when police take a vehicle into custody as a result of a suspected violation of a law or ordinance by the owner or occupant.  However, there are constitutional limits on when the impoundment and …