Pumphrey Law Blog

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

In Florida, two types of felony sexual solicitation charges are often brought: online solicitation of a minor (Fla. Stat. Section 847.0135) and solicitation of a minor to engage in lewd or lascivious conduct (Fla. Stat. Section 800.04(6)(a)(2)).  Being found guilty of soliciting a minor under either of these statutes can lead to years in prison, even if no sexual act …

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

In Florida, possession with intent to sell marijuana (PWITS) is a very serious felony offense. Under Fla. Stat. Section 893.13(1)(a), this charge arises if someone is accused of possessing marijuana (or other controlled substance) with intent to sell, manufacture or deliver the substance.  Possession with intent to sell marijuana is typically a second-degree felony (punishable by up to 15 years …

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

In Florida, petit (petty) theft is a serious criminal offense. Under Fla. Stat. Section 812.014(2)(e) petit theft is defined as the taking of property valued at less than $750 with intent to permanently or temporarily deprive the owner of their right to the property. Petty theft is a first-degree misdemeanor (punishable by up to 1 year in jail and a …

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

In Florida, lewd or lascivious exhibition is a very serious criminal offense. Under Fla. Stat. Section 800.04(7), lewd or lascivious exhibition is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine) if the defendant is an adult, and a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) if …

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

In Florida, lewd or lascivious battery (Fla. Stat. Section 800.04(4)) is a very serious felony that is distinct from sexual battery. Lewd and lascivious battery is “statutory rape,” criminalizing sexual activity between an adult defendant and a 12 to 15 year old minor that does not involve the sort of force or coercion associated with sexual battery charges (Fla. Stat. …

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

In Florida, lewd or lascivious conduct (Fla. Stat. Section 800.04(6)) is a very serious felony offense. Lewd or lascivious conduct occurs when someone engages in deliberate, nonpenetrative touching of a victim under the age of 16 with a sexual intent or solicits a child under 16 to engage in lewd or lascivious conduct.  If someone is charged with lewd or …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, improper exhibition of a firearm (Fla. Stat. Section 790.10) is a serious offense. As a first-degree misdemeanor, it is punishable by up to 1 year in jail and a $1,000 fine. Misdemeanor improper exhibition applies to any dangerous weapon including a sword, knife, dirk, or electric device such as a taser. This blog will explore defenses to improper …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, unlawful use of a two-way communications device is a serious felony offense (Fla. Stat. 934.215). As a “derivative offense,” unlawful use is charged alongside one or more felonies that the two-way communications device was allegedly used to facilitate.  Even if the underlying felony is not completed, someone may nevertheless be charged with unlawful use of a two-way communications …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery by someone in familial or custodial authority on a minor is an extremely serious felony offense (Florida Statutes Section 794.011(8)(b)). If a family member or someone in custodial authority commits sexual battery on a minor under the age of 12, this is a capital felony punishable by the death penalty under Florida law. If the minor …