Pumphrey Law Blog

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal ruled that a man who stabbed another during a fight in a recreational vehicle was guilty of manslaughter as a matter of law, not second-degree murder. In Florida, second-degree murder and attempted second-degree murder are very serious felonies. For someone to be guilty of second-degree murder, the State must prove the following elements beyond …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant charged with unlawfully selling hydrocodone was objectively entrapped by law enforcement, requiring reversal of her conviction. In Florida, entrapment serves as a total defense to criminal charges. Entrapment occurs when law enforcement impermissibly induces someone to commit a crime that would not have otherwise occurred but for the police intervention. …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant reasonably believed police officers, who did not identify themselves before grabbing his niece out of his home, were kidnapping her – allowing him to use deadly force. In Florida, Stand Your Ground provides total immunity to defendants who successfully assert it from criminal prosecution. If someone reasonably believes that the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal ruled that a defendant accidentally discharging his firearm, causing damage to a car window, was not guilty of criminal mischief for damaging that window. In Florida, criminal mischief (Fla. Stat. 806.13) is a very serious offense. Criminal mischief occurs when someone willfully and maliciously damages the property of another by any means, without their …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal held that a defendant’s post-arrest statements served as the ‘corroboration’ necessary to admit an alleged child victim’s hearsay statement about abuse at the hands of the defendant. In Florida, hearsay is an out of court statement offered in court for the purpose of proving that statement is true. Hearsay is generally inadmissible in a …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that it is not inherently objective entrapment when law enforcement orchestrates a sting operation in which officers pose as minors or parents of minors and chat with users about unlawful sexual activity. In Florida, entrapment is a total defense to criminal charges. If someone successfully argues that they were entrapped, the proper remedy …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant arrested for attempted lewd battery after appearing on “To Catch A Predator” was not objectively entrapped by law enforcement. In Florida, attempted lewd or lascivious battery (Fla. Stat. 800.04(4) and Fla. Stat. 777.04) is a serious felony offense. For someone to be guilty, the State must establish all of the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant who expressed his ‘intent’ or ‘desire’ to perform an unlawful sex act on a minor, did not solicit him as a matter of law. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious offense. For someone to be guilty, the State must prove all of the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal reversed a trial judge who dismissed a case against a defendant on entrapment grounds – allowing the prosecution to go forward. Here’s why. In Florida, entrapment is a total defense to allegedly criminal activity. Entrapment occurs when the government induces someone to commit an offense in a manner that does not comply with state …