Articles Posted in Legal Defenses

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…

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…

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…

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,…

The prosecutor just told you they are moving forward with charges. A court date is set, and you are likely imagining the worst: a trial, a conviction, and a derailed life. But what if your case never makes it to trial? What if a judge throws out the charges before any jury hears the evidence?…

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…

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…