Welcome to The Brancato Law Firm, P.A. blog, where our expert insights, updates, and strategies on criminal law help you understand your rights and defense options in Tampa Bay and beyond.
Key Takeaway: The Brancato Law Firm, P.A. now offers experienced criminal defense representation in English, Haitian Creole, French, and Spanish. Attorney Jean-Luc Adrien — a former Division Chief at the Hillsborough County Public Defender’s Office — joins the firm effective May 18, 2026, bringing serious trial experience and quadrilingual capability to clients across Hillsborough, Pinellas,…
Continue reading ›Key Takeaway: Vehicular homicide under Florida Statute §782.071 occurs when a person operates a motor vehicle in a reckless manner likely to cause death or great bodily harm, and that operation kills another person or an unborn child. It is a second-degree felony carrying up to 15 years in prison. If the driver also left…
Continue reading ›Key Takeaway: Unlicensed practice of law (UPL) in Florida under §454.23 is a third-degree felony carrying up to 5 years in prison and a $5,000 fine. The statute makes it a crime for any person who is not licensed or otherwise authorized to practice law in Florida to actually practice law, hold themselves out as…
Continue reading ›Key Takeaway: Under Florida Statute §794.05, it is a second-degree felony for a person aged 24 or older to engage in sexual activity with a 16- or 17-year-old — even if the minor consented or initiated the activity. The charge carries up to 15 years in prison, mandatory sex offender registration, and lifelong consequences. However,…
Continue reading ›Key Takeaway: Trespass in Florida ranges from a second-degree misdemeanor (up to 60 days in jail) to a third-degree felony (up to 5 years in prison) depending on the type of property, whether someone was inside, and whether the offender was armed. Florida has separate statutes for trespass in a structure or conveyance (§810.08) and…
Continue reading ›Key Takeaway: Theft in Florida ranges from a second-degree misdemeanor (up to 60 days in jail) to a first-degree felony (up to 30 years in prison) depending on the value of property stolen. Florida also has separate statutes covering retail theft (shoplifting) and dealing in stolen property — each with its own penalties. Because the…
Continue reading ›Key Takeaway: Sexual battery in Florida covers any non-consensual oral, anal, or genital penetration. Specifically, the penalties range from a first-degree felony (up to life in prison) to a capital felony (death or life without parole) when the victim is under 12. Because these charges carry mandatory sex offender registration and potential life sentences, the…
Continue reading ›Key Takeaway: Florida requires anyone convicted of a qualifying sex offense to register as a sexual offender under §943.0435. Registration is lifelong, and the requirements are strict — you must report your address, employment, vehicles, email addresses, and internet accounts. Failure to register or update your information is a third-degree felony. However, incorrect designations can…
Continue reading ›Key Takeaway: Robbery charges in Florida are among the most serious offenses. Robbery means taking something from another person using force or fear. It is always a felony. A strong-arm robbery carries up to 15 years in prison, and armed robbery with a firearm can mean life in prison with a 10-year mandatory minimum. I’m…
Continue reading ›Key Takeaway: DUI charges in Florida cover a wide range of offenses under §316.193. A DUI means driving or being in actual physical control of a vehicle while impaired by alcohol or drugs — or with a blood-alcohol level of 0.08 or higher. A first offense is a misdemeanor carrying up to 6 months in…
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