Pumphrey Law Blog

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery (Fla. Stat. Section 794.011) and sexual assault are often used as interchangeable terms. However, there are key differences between these offenses. To the surprise of many, there actually is no crime called “sexual assault” in Florida law. However, if a sexual assault occurs (commonly thought of as a nonconsensual sexual touching without penetration), it is likely …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, someone may face a sexual battery charge (Fla. Stat. 794.011) even if a victim did not physically resist the act. A common question is – if the victim was not incapacitated and did not physically attempt to stop the alleged battery, can someone still be convicted?  The answer is yes, because the legal question is whether or not …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, criminal mischief is a very serious crime that occurs when someone willfully and maliciously damages the real or personal property of another by any means. Criminal mischief (Fla. Stat. 806.13) covers acts such as graffiti, knocking out windows with a baseball bat, and more. For someone to be proven guilty of criminal mischief, the following must be established …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, the transferred intent doctrine is not widely discussed – but it is an important aspect of many criminal laws in the state. The transferred intent doctrine applies when a defendant intends to harm one person but unintentionally harms another.  The doctrine transfers the defendant’s intent from the intended victim to the actual victim for purposes of criminal liability. …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, possession of a firearm by a convicted felon is unlawful under Fla. Stat. Section 790.23. That statute also prohibits someone convicted of a felony from having ammunition, or electric weapons or devices (such as tasers) in their care, custody, or control. The penalties for possession of a firearm by a convicted felon are very serious. Possession of a …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the difference between simple possession of a controlled substance and possession with intent to sell is primarily determined by specific factors that indicate a defendant’s intent to sell or deliver the substance, as opposed to simply using it for personal use or consumption. But what turns simple possession into possession with intent to sell, manufacture, or deliver? This …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, many people believe the definition of a deadly weapon for purposes of aggravated assault and other violent crimes, such as aggravated battery, to be quite narrow. A “deadly weapon” clearly includes objects like guns or knives – but it is widely believed to end there. However, when it comes to charging offenses involving a deadly weapon in Florida, …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, robbery (Fla. Stat. 812.13) and burglary (Fla. Stat. 810.02) are similar yet distinct offenses. Though these are sometimes thought of interchangeably, robbery and burglary have distinct elements, potential penalties, and defenses. This blog will explore the similarities and differences between robbery and burglary. Robbery in Florida Robbery involves taking money or property from another person or their immediate …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious criminal offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, enhanceable to a second-degree felony punishable by up to 15 years and a $10,000 fine if done in furtherance of a riot or aggravated riot. There are two ways aggravated …