Brancato Law Firm, P.A. Recent Blog Posts

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.

Is a Porch a Dwelling Under Florida Burglary Law? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: October 27, 2026. Originally published in June 2025; updated January 2026. Yes, often. Florida’s burglary statute defines a “dwelling” to include “any attached porch,” so taking a package from a covered front porch can be charged as burglary rather than theft. In Krasner v. State (Fla. 4th DCA 2025), the court held that…

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What Is Clergy Privilege in Florida? Can a Pastor Testify Against You? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: October 27, 2026. Originally published in May 2025. Yes, in most cases. Florida’s clergy privilege, in section 90.505, Florida Statutes, lets a person refuse to disclose, and stop a pastor, priest, rabbi, or other member of the clergy from disclosing, a confidential communication made privately to seek spiritual counsel. Unlike most privileges, it…

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What Is FR44 Insurance in Florida After a DUI? FR44 vs. SR-22 (2026)
Brancato Law Firm, P.A.

Rewrite/update date: October 27, 2026. Originally published in June 2025. FR44 insurance in Florida is a certificate your insurer files with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) proving you carry the higher liability limits required after a DUI: $100,000 per person and $300,000 per crash for bodily injury, plus $50,000 for…

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Does a Withhold of Adjudication Avoid the Sex Offender Registry in Florida? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: October 27, 2026. Originally published in May 2025. No. In Florida, a withhold of adjudication does not avoid the sex offender registry. Section 943.0435, Florida Statutes, defines “convicted” as a determination of guilt after a trial or a guilty or no contest plea “regardless of whether adjudication is withheld,” so a withheld plea…

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What Is Competency to Proceed in Florida? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 27, 2026. Competency to proceed is a defendant’s present ability to understand the criminal case and help the defense lawyer. Under section 916.12, Florida Statutes, a defendant is incompetent to proceed if they lack “sufficient present ability to consult with her or his lawyer with a reasonable degree of rational…

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What Is Youthful Offender Sentencing in Florida? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 27, 2026. Youthful offender sentencing is a Florida sentencing option, under section 958.04, Florida Statutes, that lets a judge sentence a person who committed a felony before turning 21 to no more than six years of combined prison and supervision, even when the charge carries a 15-year, 30-year, or life…

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Can Prior Accusations Be Used Against You in a Florida Sex Crime Case? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: October 13, 2026. Originally published in June 2025. Yes, often. Florida’s Williams rule, codified in section 90.404(2), Florida Statutes, lets prosecutors in a sex crime case offer evidence that the accused committed other sexual offenses, including acts that were never charged, and jurors may consider it for any matter to which it is…

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What Is a Mitigation Report in a Criminal Case? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 27, 2026. A mitigation report is a written, documented profile of the person behind a criminal charge, covering family history, trauma, mental and physical health, work, character, and the treatment the person has started since the arrest. Defense lawyers give it to prosecutors and judges to support a reduced charge,…

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What Is the Unlicensed Practice of Law in Florida? Penalties and Defenses (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 25, 2026. The unlicensed practice of law in Florida is a third-degree felony under section 454.23, Florida Statutes, punishable by up to 5 years in prison and a $5,000 fine. The crime covers three kinds of conduct by someone not licensed or otherwise authorized to practice law in Florida: practicing…

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What Charges Did Captain Brock Horner Face for Boarding a Boat in Florida? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 25, 2026. Charter captain Brock Horner was arrested by the Punta Gorda Police Department in April 2025 and charged with burglary with assault or battery after a viral video showed him climbing onto a young fisherman’s boat in Charlotte County. Under Florida law a boat is a “conveyance,” so entering…

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What Our Clients Are Saying

Brancato Law Firm is hands down the BEST Firm in the Tampa Bay area! The move swift and fast with professionalism. I would HIGHLY RECOMMEND them to support you and your judicial needs. Jean-Luc is a GREAT attorney and would request his service if in need!

Anthony J.

One of top criminal defense lawyers, deep experience, very trustworthy. No gimic.

Mahmoud M.

Rocky is incredible! Extremely knowledgeable, excellent communication with updates as the case goes on without you having to reach out to him, and you can tell he truly cares about what he does. Would recommend this law firm to anyone! Would give 10 stars if I could. Thank you so...

Bryton Ennis

Rocky Brancato was able to provide me with legal help that I didn't even imagine was possible. Because of his experience and knowledge he got me life changing results and that is no exaggeration. Rocky has an in depth knowledge of his field, decades of experience, and...

E. M.

Rocky is the best lawyer. He believed in me when no one else did. He fought hard, and did not stop working until he found the evidence we needed to win my case and clear my name. When he took on my case, it had been already ongoing for quite some time, many other lawyers turned...

Molly G.

I highly recommend Rocky! He was professional, knowledgeable, and always available to answer our questions. He worked hard on our case and helped us achieve a great outcome. A special thanks to his assistant as well—he was incredibly friendly, helpful, and treated us like family...

Akrm E.

Mans got me outta jail he legit !!

NFG President Kay

I’m incredibly grateful for the help I received from this law firm. His knowledge and expertise were evident right away, and he handled everything in a timely and professional way. What stood out most to me was the way I was treated—with care, respect, and genuine decency...

Kristen Crotinger

I had an excellent experience working with Rocky Brancato during an extremely stressful and sensitive situation involving false allegations. From the very beginning, Rocky provided clear, sound advice and took the time to truly listen to all of my concerns without ever...

David E

Rocky is a great lawyer. He jumped on my case and provided almost instant results. He communicated well and made sure we understood our options and the next steps. 5 stars!!!

Jasmine

These folks are awesome, they addressed all my concerns and were very professional.

Willem P.

I don’t even know how to start writing this. This man saved me from something I didn’t do. He’s the best.. thank you thank you .

Jonathan S.

Mr. Brancato deserves five stars from day one. He went over and beyond for me. He doesnt just handle small cases I was facing a trafficking fentanyl charge for something that I didnt do and Mr. Brancato got all of my charges dropped. He is a great attorney. He answered any...

Andrea M

I contacted Rocky Brancato at Brancato Law Firm for guidance regarding Florida law and a potential travel matter. He was straightforward, candid, and extremely professional in his advice. I truly appreciated his honesty and clear explanation of the legal landscape. I would highly...

Kevin Marcus

Rocky Brancato is diligent, trustworthy, with an extraordinary human and professional quality, a gift for people and integrity. All these virtues make him an invaluable attorney. Rocky Brancato has been with our family since day one of this stressful, unfair, and overwhelming...

Lein L.

Rocky was exceptional at providing legal advice and was taking proactive steps throughout the process to assist in my legal matters. Fantastic service and results.

Javier L.

ROCKY IS GREAT HE DID IT TWICE FOR MY FIANCÉ

Mantha W.

I would recommend Mr. Brancato to absolutely anybody. I have been fighting this specific case for about 4 years now and he was able to set time aside to accommodate and was able to get the charges dismissed in less than a WEEK. I can’t thank him enough, and anybody in the Tampa...

Kellz C.

The rare lawyer with a heart Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success, and acted above and beyond my expectations. He kept me informed all steps of the process, and was upfront...

I.

Mark my words, THIS IS THE BEST LAWYER I’ve ever had the chance to meet and it’s been a pleasure and a major blessing to have him, i had a very difficult case but in less then 5 business day he took the weight of a planet off my shoulders . He goes above and beyond and then did...

Yian V.

Great attorney ! Handled client with care and answered all concerns! Thank you so much !!! A Hard worker is this guy! Thank You for all you did for my fiancé!

Kailyn B.

Rocky Brancato was knowledgeable, responsive, and very professional throughout the entire process. I highly recommend this law firm.

Noel F.

It’s no surprise that this practice has a perfect five-star rating – and they deserve it. I live in Miami, but called Rocky after doing a Google search about my issue. Not only did he get right to the point and answer my questions, he didn’t even charge me. And - I was talking on...

Rob S.

Rocky was the best lawyer i have recieved! He always kept me updated and talked me through everything i couldnt have asked for a better lawyer! Hoping i never have to use him again but he is my go to!! Thank yu rocky it was a pleasure

Lucciano Carmelo

I had a consultation with Rocky and it was exactly what I needed. He listened carefully, gave clear, honest advice, and outlined a smart path forward. Thanks to his guidance and expertise, I now know exactly how to handle the situation. I highly recommend Rocky!

C. Cole

I felt very lucky to be represented by brancato law firm Never had any issues with communication or help with resources and made the whole process easier to navigate Very greatfull he helped me reach the best outcome

Logan Traun

Atty Rocky Brancato is an excellent attorney. He genuinely cares about his clients. You would not find anyone else as compassionate and talented as he is as a lawyer. I would 100% recommend him.

Ana R.

Rocky is an excellent attorney! He demonstrates his passion, dedication and strong work ethic for every single case he accepts. He always go that extra mile to gain his clients trust and satisfaction. Highly recommended!

Bryan N.

Great Lawyer

Joe C.

Thank you for everything!

Kali L.

Attorney Brancato was phenomenal. If I could give him more than 5 stars I would. Very professional, polite, and just overall AMAZING. The only one that actually took the time to help me with a specific case I had for the past few years. I can’t begin to thank him enough.

Keelie

Our family had a great experience with Attorney Rocky Brancato. I wish I could give him more than five stars!

Lola J.

Very thorough and willing to help. I’m glad I chose to contact this office. I always worry about being given the run around but not here I was even given a call back to be sure that he didn’t miss anything. Thanks A+

Mark D.

Rocky went out of his way to help me. he is a very good man

David N.

Attorney Rocky Brancato of the Brancato Law Firm, P.A. Delivered on short notice in our family’s time of need. Fast response, humble and affordable.

Jose V.

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620 E Twiggs St Suite #205

Tampa, FL 33602

Located minutes from the Hillsborough County Courthouse.
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Rocky Brancato in his office in Tampa

Meet Rocky Brancato

For over 25 years, Rocky Brancato has been a prominent force in Tampa Bay’s legal arena. Rocky rose to second-in-command at Tampa Bay’s largest defense firm before launching Brancato Law Firm, P.A. As a former specialized major crimes attorney for serious offenses like...