Articles Posted in Legal Defenses

Published by The Brancato Law Firm, P.A.Attorney Rocky Brancato | Tampa Criminal Defense Lawyer Understanding the Oquendo v. State Decision In Oquendo v. State, SC2023-0807 (Fla. October 9, 2025), the Florida Supreme Court clarified an important question for anyone claiming self-defense — especially military veterans or trauma survivors. The Court held that Florida’s self-defense law…

Stand Your Ground Immunity in Florida: Palm Beach Murder Case Dismissed The Florida Fourth District Court of Appeal recently granted Stand Your Ground immunity in Florida to a Palm Beach defendant charged with second-degree murder. In Spencer v. State (4D2025-0023), the court ruled that prosecutors failed to disprove self-defense by clear and convincing evidenceOpinion_2025-0023. This…

Travelling to Meet a Minor Attorney in Tampa: What You Need to Know If law enforcement arrested you or you believe you’re under investigation for travelling to meet a minor in Tampa, you need to take action immediately. These cases often begin with undercover sting operations. Even before the State Attorney files charges, the damage…

The AI ChatGPT Insanity Defense: Is It the Future of Criminal Law? At The Brancato Law Firm, P.A., we have seen countless cases where mental illness, not malice, was the driving force behind a person’s actions. These are often the most tragic situations we handle. Now, a new and powerful factor is emerging that could…

Florida Court Ruling Rocks Child Abuse Reporting – What Tampa Bay Residents Need to Know Navigating Faith, Confidentiality, and Florida Law in the Tampa Bay Area A recent Florida Third District Court of Appeal decision has sent ripples through religious and legal circles, especially here in the Tampa Bay area. The case, Castano v. State,…

Can I Get My Case Thrown Out Before Trial? If you’re facing criminal charges in Tampa, Hillsborough County, or the surrounding areas, one of the first things you might wonder is: “Can my case be dismissed before it ever goes to trial?” The answer is: yes, sometimes it can. Florida law gives your defense attorney…

If you’re facing criminal charges in Tampa or Hillsborough County, you may feel like your case is dragging on forever. Months—or even years—can pass before you get your day in court. But did you know that the U.S. Constitution and the Florida Constitution both guarantee your right to a speedy trial? If your case has…

Why Suppressing Evidence Can Change Your Case When facing criminal charges in Tampa, Hillsborough County, or the surrounding areas, the evidence against you often determines whether the prosecution can move forward. But if the police obtained that evidence illegally, it may be excluded from court. This is where a Tampa attorney for motions to suppress…

Facing a probation violation can be overwhelming, but you are not without options. Florida law provides several defenses to fight probation revocation, and understanding these legal strategies can make a critical difference in your case. This post will discuss defenses to violation of probation. Click the link to learn more about the violation of probation…

Florida’s self-defense laws offer some of the strongest protections in the country. Yet how those protections apply in real cases varies widely based on the facts and how the evidence is interpreted by police, prosecutors, and judges. For defendants in Tampa, Hillsborough County, and across the Tampa Bay region, understanding these laws is essential—especially when…