Brancato Law Firm, P.A. Recent Blog Posts

A Tampa Criminal Defense Case Study By Rocky Brancato Early in my career, I tried a case that taught me a lesson I still carry today: never accept the narrative that police and prosecutors present at face value. Although the case made headlines across Florida, and although the State’s theory seemed airtight, I discovered something…

A Tampa Criminal Defense Case Study By Rocky Brancato One of the most important principles in criminal defense is one that clients don’t always understand at first: it’s your case, not mine. My job is to advise you. I tell you what the evidence shows, what the law says, what the likely outcomes are, and…

Quick Answer Yes. If you are facing criminal charges in Florida and you do not speak English—or you are deaf or hard of hearing—the court must provide an interpreter at no cost to you. This is not a favor. It is your right under Florida law. Being arrested is terrifying. Being arrested when you cannot…

Practical guidance for parents who have a court date and childcare challenges ✓ THE SHORT ANSWER While courthouses are generally public buildings, we do not recommend bringing your child to court. Many judges prohibit children in their courtrooms entirely. Even judges who allow children may ask you to remove them if they become disruptive. Bottom…

Practical guidance to make a good impression and avoid problems at the courthouse ✓ THE SHORT ANSWER Dress Code: Business casual at minimum. Think job interview, not beach day. Collared shirts, dress pants or modest dresses, closed-toe shoes. No shorts, tank tops, flip-flops, or hats. What to Bring: Government-issued photo ID (required to enter), your…

Adult pornography remains legal in Florida—but new verification requirements, VPN gray areas, and serious criminal penalties for violations create real legal risk ✓ THE SHORT ANSWER Yes, viewing adult pornography is legal in Florida if you are 18 or older. However, Florida’s 2024 age verification law (HB 3 / Florida Statute § 501.1737) now requires…

Understanding the legal age, close-in-age exceptions, and the serious criminal consequences of getting it wrong ✓ THE SHORT ANSWER The age of consent in Florida is 18 years old—one of the highest in the United States. However, Florida law includes a close-in-age exception that permits consensual sexual activity between a 16 or 17-year-old and a…

Understanding Florida’s prostitution laws, the escorting distinction, sting operations, penalties, and defenses ✓ THE SHORT ANSWER No. Prostitution is illegal in Florida. Under Florida Statute § 796.07, it is a crime to engage in prostitution, solicit prostitution, or offer to engage in prostitution. This applies to both buyers and sellers—and penalties escalate significantly with each…

Understanding Florida’s most serious felony classification, penalties, and what happens after arrest ✓ THE SHORT ANSWER A first degree felony is the most serious category of standard felony in Florida. Only capital felonies and life felonies are more severe. Standard penalty: Up to 30 years in prison and a $10,000 fine. Enhancements (firearms, prior record)…

Understanding Florida’s battery laws, types of charges, penalties, and defenses ✓ THE SHORT ANSWER Battery in Florida is the intentional touching or striking of another person against their will, or intentionally causing bodily harm. Unlike assault (which is a threat), battery requires actual physical contact. Penalties range from up to 1 year in jail for…