Articles Posted in Legal Defenses

Florida Supreme Court: PTSD Relevant in Self-Defense
Brancato Law Firm, P.A.

But Only If Your Attorney Argues It Correctly Oquendo v. State, SC2023-0807 (Fla. Oct. 9, 2025) Case Summary: Oquendo v. State Holding: PTSD evidence can be relevant to self-defense claims—specifically to show what the defendant actually believed at the time of the incident. Key Limitation: PTSD alone won’t justify self-defense. Attorney must connect it to…

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Florida Court Grants Stand Your Ground Immunity in Palm Beach Murder Case
Brancato Law Firm, P.A.

Spencer v. State (4D2025-0023) — Second-Degree Murder Charge Dismissed RESULT: Murder Charge Dismissed The Fourth District Court of Appeal ruled that prosecutors failed to disprove self-defense by clear and convincing evidence. Stand Your Ground immunity granted. The Florida Fourth District Court of Appeal recently granted Stand Your Ground immunity to a Palm Beach defendant charged…

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Travelling to Meet a Minor Defense
Brancato Law Firm, P.A.

F.S. 847.0135(4) | Online Sting Defense | Second-Degree Felony If law enforcement arrested you—or you believe you are under investigation—for traveling to meet a minor in Tampa, you need to act immediately. These cases typically begin with undercover sting operations where officers pose as minors online. Even before the State Attorney files charges, the damage…

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Clergy Privilege Tampa Bay
Brancato Law Firm, P.A.

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,…

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The Constitutional Right to a Speedy Trial: Now Your Primary Defense in Florida
Brancato Law Firm, P.A.

By The Brancato Law Firm, P.A. | Updated 2025 If you are facing criminal charges in Tampa or Hillsborough County, you likely feel like your case is dragging on forever. Months—or even years—can pass before you get your day in court. Even though Florida’s speedy trial rule has been gutted, you still enjoy a constitutional…

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Motion to Suppress Evidence in Tampa: What Defendants Need to Know
Brancato Law Firm, P.A.

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…

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Tampa Attorney for Violation of Probation
Brancato Law Firm, P.A.

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…

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Florida Self-Defense Laws and Stand Your Ground
Brancato Law Firm, P.A.

Understanding Your Rights Under Florida Statutes 776.012, 776.013, 776.031, and 776.032 — And How to Protect Them Key Takeaway: Florida’s Self-Defense Protections Florida law allows you to stand your ground and use force—including deadly force—without retreating when you reasonably believe it is necessary to prevent imminent death, great bodily harm, or a forcible felony. Moreover,…

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