Pumphrey Law Blog

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, attempted lewd or lascivious battery (Fla. Stat. 800.04(4) and 777.04) is a very serious criminal offense. However, it is often overlooked in discussions about the state’s sex crimes. This blog will answer frequently asked questions about attempted lewd or lascivious battery. #1 – What is attempted lewd or lascivious battery? Attempted lewd or lascivious battery occurs when someone …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, traveling to meet a minor is a very serious felony. But there’s a largely overlooked component of many of these cases – that an allegation of traveling can also lead to attempted lewd or lascivious battery charges.  Traveling to meet a minor is regulated by Fla. Stat. 847.0135(4). For someone to be guilty, the State must prove all …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, attempted sexual battery is a very serious offense (Fla. Stat. 794.011 and 777.04). However, it is often misunderstood. This blog will answer frequently asked questions about the crime of attempted sexual battery in Florida. #1 – What is attempted sexual battery? Attempted sexual battery occurs when someone intends to commit the crime of sexual battery and “overtly acts” …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the “plain smell doctrine” is one of the most discussed and controversial areas of criminal law. However, it is often not well understood. This blog will discuss the state of the plain smell doctrine in Florida by answering frequently asked questions about this key legal issue. #1 – What is the “plain smell doctrine”? The “plain smell doctrine” …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, Possession of Burglary Tools is a very serious offense – but is often misunderstood. When someone faces a charge of Possession of Burglary Tools (Fla. Stat. 810.06), many questions arise. This blog will answer frequently asked questions about Possession of Burglary Tools in Florida. #1 – What is Possession of Burglary Tools? Possession of Burglary Tools occurs when …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, reckless and careless operation of a vessel is a serious offense. But they are not well understood, including by many boaters. This blog will answer frequently asked questions about reckless operation and careless operation of a vessel (Fla. Stat. 327.33) in Florida. #1 – What is reckless operation of a vessel? Reckless operation of a vessel occurs when …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, Unnatural and Lascivious Act (Fla. Stat. Section 800.02) is a serious but little-known criminal offense. Charged less commonly than other lewd and lascivious offenses (such as lewd or lascivious molestation, lewd or lascivious conduct, lewd or lascivious exhibition, and lewd or lascivious battery), it is a second-degree misdemeanor punishable by up to 60 days in jail and a …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

The “fruit of the poisonous” tree doctrine is a legal doctrine that excludes evidence obtained from illegal searches, seizures or interrogations from being used in court. It is derived from the Fourth Amendment to the U.S. Constitution, which protections Americans against unreasonable searches and seizures by government agents – including law enforcement. During an investigation, law enforcement will often discover …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, HB 757 is a new law that criminalizes possession of a “lewd or lascivious image” and the solicitation of child pornography. In response to this legislation’s passage, many questions about it have arisen. This blog will answer frequently asked questions about HB 757. #1 – What is HB 757? HB 757 is a major piece of new legislation …