Pumphrey Law Blog

Answering Frequently Asked Questions About Vessel Homicide in Florida

September 5, 2025 Criminal Defense, Violent Crimes

In Florida, vessel homicide is an often misunderstood criminal defense. As a result, many questions often arise when someone is charged with vessel homicide in Florida, or when a person simply wants to learn more about the offense. This blog will answer ten of those frequently asked questions. #1 – What is vessel homicide in Florida? Vessel homicide occurs when …

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“Lack of Belief” Defense in Florida Traveling to Meet a Minor Cases

September 5, 2025 Criminal Defense, Sex Crimes

In Florida, someone may be charged with traveling to meet a minor (Fla. Stat. 847.0135(4)) after being ensnared in a police sting. Traveling to meet a minor for the purpose of sexual activity in Florida is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Many defenses to this charge exist, such as entrapment …

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The DNA Abandonment Doctrine in Florida Criminal Cases

September 5, 2025 Criminal Defense

The abandonment doctrine allows law enforcement to test for someone’s DNA in an effort to match them to biological material found at a particular scene even without a warrant or consent. But when does this doctrine actually apply in Florida? The answer is – police may gather and test “abandoned” DNA if it is left behind in a place or …

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Hidden Bias in Florida Stand Your Ground: Physical vs. Mental Conditions

September 5, 2025 Criminal Defense, Violent Crimes

Florida’s Stand Your Ground law is one of the state’s most widely-known statutes. Under Fla. Stat. 776.012 and 776.032, someone may use or threaten to use force (including deadly force) if it is a reasonable and proportional response to defend themselves, others, or prevent commission of a forcible felony (e.g. aggravated battery, sexual battery, robbery). But there is a fascinating …

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Busting the Most Common Myths About Florida’s Stand Your Ground Law

September 5, 2025 Criminal Defense, Violent Crimes

Florida’s Stand Your Ground law is one of the state’s most widely debated pieces of legislation. But it is also one of the most poorly understood. This article will address some of the most common myths about Florida’s Stand Your Ground law (Fla. Stat. 776.012 and 776.032) and explain what the law actually says.  The first myth about Florida’s Stand …

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The Limitations of DNA Evidence in Florida Criminal Cases

September 5, 2025 Criminal Defense

In Florida, DNA evidence is often used as proof that someone is guilty of a criminal offense. Many may be inclined to believe that if a DNA “match” to a defendant occurs, this equates to someone having committed the charged crime. But often, this is not true. In many Florida criminal cases where DNA evidence is used to demonstrate someone’s …

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Can Police Search Your Phone in a Florida Traveling to Meet a Minor Case?

September 5, 2025 Criminal Defense, Sex Crimes

In traveling to meet a minor cases that stem from law enforcement stings, a frequently asked question is – when can the police legally search my phone if I am arrested? The answer largely depends on the facts of the case and whether or not someone consents to law enforcement going through their phone. This blog will explore when law …

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Can DNA Alone Convict Someone of a Crime in Florida?

September 5, 2025 Criminal Defense

Imagine a defendant is on trial in Florida. No evidence connects him to the scene of a crime. No eyewitnesses, camera footage, or anything of the sort can definitively identify him. However, the State produces evidence that the defendant’s DNA was found at the scene. Based on the DNA alone, a jury convicts him. Can this happen in Florida? The …

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Is It Still Theft If You Return the Item in Florida?

September 5, 2025 Criminal Defense, Theft/Property Crimes

In Florida, theft (Fla. Stat. 812.012) occurs when someone knowingly obtains, uses, or endeavors to obtain or use the property of another. This is done with the intent to deprive the rightful owner of the property, or misappropriate the property for the defendant’s use or the use of another party not entitled to it. A common question asked in these …

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