Pumphrey Law Blog

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Oquendo v. State, the Florida Supreme Court ruled that PTSD and similar mental health evidence may be admissible to establish the reason for someone’s fear of violence that preceded their use of force.  For years, Florida’s District Courts of Appeal have been in conflict regarding a key aspect of the state’s Stand Your Ground law. Now, that conflict has …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

A 2022 U.S. Supreme Court is having a subtle yet visible influence on how Florida’s courts are looking at Miranda rights. In Florida and throughout the United States, someone must be read their Miranda rights by law enforcement before they are subject to custodial interrogation. These include: The right to remain silent The fact that anything they say can and …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

After the U.S. Supreme Court’s Erlinger decision, how are Florida’s courts responding to a wave of legal challenges to state sentencing laws?  In the wake of the U.S. Supreme Court’s 2024 decision, Erlinger v. United States, 602 U.S. 821 (2024), courts throughout the nation have been faced with questions about how to apply it. The Supreme Court clarified in Erlinger …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A new ruling from a top Florida court provides additional insight into when immunity from prosecution is warranted when a defendant invokes Stand Your Ground. Stand Your Ground is one of Florida’s most widely discussed laws, but is not well understood. Florida’s Stand Your Ground law allows someone to use or threaten to use force, including deadly force, in self-defense, …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Battery is a very serious crime in Florida, but is sometimes misunderstood, as it is frequently confused with assault. This article explains what you need to know about battery in Florida, including the differences between assault and battery. In Florida, battery is a serious offense (Fla. Stat. 784.03). However, is it also among the most misunderstood crimes, as it is …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

The U.S. Supreme Court has ruled on two challenges to Florida’s jury laws – once in 1970, and once in 2024.  In Florida, many may believe that if they are arrested and tried for a criminal offense, they will receive a jury of twelve. However, this is not the case. Under Florida law, the vast majority of cases are tried …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s First District Court of Appeal rules that a confession from a defendant who claimed to have insomnia and to be under the influence of drugs was voluntarily given. What Are Miranda Rights? In Florida, someone must be read their Miranda rights before police subject them to custodial interrogation. Your Miranda rights include all of the following: The right to …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal rules that someone testifying to the value of property in a theft case must have “personal knowledge” of it, not simply agree with the State’s estimate. In Florida, the State must prove the value of allegedly stolen property beyond a reasonable doubt for a theft conviction. This blog will discuss a key new ruling …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal rules that a confession to possessing drugs can lead to a conviction on a theory of constructive possession – even if no additional evidence besides the defendant’s proximity to the drugs is provided. In Florida, “constructive possession” is established when the State proves someone knew of an illegal item and had the ability to …