De Santus v. State, No. 4D2023-2235 (Fla. 4th DCA Oct. 15, 2025)

When Florida’s Fourth District Court of Appeal reversed a murder conviction in De Santus v. State, it exposed a painful truth: even a serious homicide case can collapse when the defense lawyer isn’t prepared. The judges ruled that the attorney’s mistakes made the entire trial fundamentally unfair.

This ruling should make anyone accused of murder stop and ask: how do I choose a homicide attorney in Florida? How do I know my lawyer is truly a homicide attorney—and not just claiming to be one?

What the Defense Attorney Failed to Do

A Case Built on Words, Not Evidence

The Broward County shooting had no DNA, fingerprints, or video evidence. The State relied entirely on one witness. Before trial, that witness admitted to lying—she told a defense investigator that another man, “Gangsta Baby,” had the gun.

Yet the defense attorney never used that prior statement to challenge her credibility. The jury never learned she had recanted. They also never heard that she allegedly tried to extort money from the defendant’s family. Both details could have changed the outcome.

Later, a new witness came forward and testified that the shooter was a light-skinned man in a red jacket—not De Santus. The appellate court concluded the trial had been irreparably tainted by counsel’s failures.

Anyone Can Call Themselves a “Homicide Attorney”

Questions to Ask Before Hiring

Before you trust your future to anyone claiming to be a homicide attorney, ask these questions directly:

1. How many homicide trials have you personally handled from start to verdict?
2. Have you ever obtained a not-guilty verdict in a homicide case?
3. Who will actually stand beside me in court—you, or an associate?
4. What is your record when the State’s evidence seems overwhelming?
5. Are you certified under Florida Supreme Court standards to handle death penalty cases?

If your lawyer hesitates on any of these questions, keep searching.

Homicide Results That Demonstrate Preparation

At The Brancato Law Firm, I don’t just claim experience—I prove it in court:

Roommate Homicide — Not Guilty

A man charged with killing his roommate was acquitted after my direct examination showed the shooting was in self-defense. The jury returned a swift not-guilty verdict.

Grandmother Homicide — Charge Reduced

A grandmother initially charged with murder and aggravated child abuse avoided a life sentence after evidence showed the child’s injuries resulted from CPR efforts. The charge was reduced to child neglect with probation.

Second-Degree Murder — Reduced to Manslaughter

A jury found that my client’s shooting of his friend, while not exactly self-defense, was not “depraved mind” second-degree murder—resulting in a significantly reduced sentence.

Frequently Asked Questions

Why was the De Santus conviction reversed?

The Fourth DCA found that defense counsel’s combined errors—failing to use key impeachment evidence and failing to advise the client about testifying—violated the right to a fair trial. The court concluded these weren’t minor mistakes but fundamental failures that tainted the entire proceeding.

What is impeachment evidence?

Impeachment evidence challenges a witness’s credibility. In De Santus, the key witness had previously told a defense investigator that someone else—”Gangsta Baby”—had the gun. That prior inconsistent statement could have undermined her entire testimony, but the attorney never used it.

How do I verify an attorney’s homicide experience?

Ask directly: how many homicide trials have you handled to verdict? Request specific case outcomes. Check whether they’re death-penalty qualified under Florida Rule 3.112. If they hesitate or deflect, that tells you something.

Will the attorney I hire actually handle my case?

Ask before hiring. Some firms advertise experienced partners but assign cases to junior associates. At The Brancato Law Firm, every homicide case is handled personally—not by junior staff.

Facing Homicide Charges in Tampa Bay?

The De Santus case demonstrates what happens when preparation fails. A homicide trial demands experience, judgment, and attention to every detail. Anything less risks a lifetime behind bars.

I’m Tampa Attorney Rocky Brancato. For more than 25 years, I have defended serious felony and homicide cases throughout Tampa Bay. As a former member of major-crimes and sex-crimes units in Tampa’s largest criminal defense office, I have the perspective that only decades in the courtroom can bring. Check out our Tampa Homicide Attorney Page.

I keep my caseload low so every client receives the preparation their case demands. If I’m too busy or it’s not the right fit, I’ll tell you—I won’t take a case I can’t handle properly.

Don’t assume every “homicide attorney” has the experience your life demands. Look behind the veil—before it’s too late.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

The Florida Fourth District Court of Appeal recently granted Stand Your Ground immunity 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 evidence.

This case demonstrates why Stand Your Ground immunity matters for anyone facing violent crime charges in Florida. Moreover, it illustrates how the burden of proof works in self-defense cases—and why experienced legal representation is essential. I am Tampa Criminal Defense Attorney Rocky Brancato. For over 25 years, I have provide top level criminal defense services to the citizens of Tampa Bay. My firm, the Brancato Law Firm, P.A., can help change the narrative if you used self defense and stood your ground!

Case Background: Palm Beach Stand Your Ground Claim

Ivin Spencer was charged with second-degree murder after a deadly confrontation in a Palm Beach parking lot. Although Spencer admitted to the shooting, he argued that Florida’s Stand Your Ground law applied to his case.

The Victim’s History

The evidence showed that the victim, Brandon Bell, had a history of making threats and was known to carry a gun. Consequently, Spencer had reason to believe that any confrontation with Bell could turn deadly.

The Confrontation

On the day of the shooting, Bell aggressively advanced toward Spencer while yelling threats. Spencer, who had health limitations that put him at a physical disadvantage, feared for his safety. As a result, he fired a single shot.

After the Shooting

Immediately after the incident, Spencer called 911 and cooperated fully with police. This behavior is consistent with someone acting in self-defense rather than with criminal intent.

Why the Court Granted Stand Your Ground Immunity

The appellate court ruled that prosecutors failed to meet their burden of proof. Specifically, the State could not prove by clear and convincing evidence that Spencer’s use of force was unjustified.

Together, these facts supported the conclusion that a reasonable person in Spencer’s position would believe deadly force was necessary to prevent imminent death or great bodily harm.

Lessons from This Florida Self-Defense Ruling

Stand Your Ground Can Dismiss Charges Before Trial

Unlike an acquittal at trial, Stand Your Ground immunity dismisses charges entirely. As a result, the defendant avoids the risk, expense, and uncertainty of a jury trial. This makes pursuing immunity a critical strategy in appropriate cases.

The State Carries a Heavy Burden

Once a defendant raises Stand Your Ground, prosecutors must disprove self-defense by clear and convincing evidence. This is a higher standard than preponderance of the evidence, though lower than beyond a reasonable doubt. Nevertheless, it places significant pressure on the State.

Context Shapes Legal Outcomes

Prior threats, the victim’s reputation, physical disparities, and circumstances at the scene all matter. Therefore, thorough investigation and presentation of context is essential to a successful Stand Your Ground claim.

Frequently Asked Questions

What is Stand Your Ground immunity in Florida?

Stand Your Ground immunity allows a defendant to have criminal charges dismissed before trial if they can show they used force in lawful self-defense. Under Florida law, a person has no duty to retreat if they are in a place where they have a right to be.

Who has the burden of proof in a Stand Your Ground hearing?

Once the defendant raises Stand Your Ground, the burden shifts to the prosecution. The State must prove by clear and convincing evidence that the defendant’s use of force was not justified. If prosecutors cannot meet this burden, the court must grant immunity.

Can Stand Your Ground apply to murder charges?

Yes, absolutely. Stand Your Ground immunity can apply to any charge where self-defense is raised, including first-degree murder, second-degree murder, and manslaughter. The Spencer case demonstrates that even second-degree murder charges can be dismissed through Stand Your Ground.

What evidence helps a Stand Your Ground claim?

Helpful evidence includes prior threats from the victim, the victim’s violent reputation, physical disparity between the parties, witness testimony about the confrontation, and the defendant’s post-incident conduct such as calling 911 and cooperating with police.

Is Stand Your Ground the same as self-defense?

Stand Your Ground is a specific type of self-defense claim under Florida law. The key difference is that Stand Your Ground eliminates the duty to retreat. In other words, you do not have to try to escape before using force if you are lawfully present at the location.

How do I pursue Stand Your Ground immunity?

Your attorney files a motion for Stand Your Ground immunity, and the court holds a hearing. At that hearing, the prosecution must prove that your use of force was not justified. If they fail, the charges are dismissed. This process requires experienced legal representation.

More on Self-Defense

• Tampa Attorney for Self-Defense
• Tampa PTSD and Self-Defense
• Tampa Criminal Mental Health Attorney
• Tampa Gun Crime Attorney
• Tampa Violent Crime Attorney
• Tampa Murder Attorney

Protect Your Rights with a Florida Criminal Defense Lawyer

If you face violent crime charges where self-defense may apply, you need an attorney who understands how to argue for Stand Your Ground immunity in Florida. At The Brancato Law Firm, P.A., attorney Rocky Brancato has more than 25 years of experience defending homicide, sex crimes, and major felonies throughout Tampa Bay.

Moreover, Attorney Brancato proactively pursues Stand Your Ground immunity hearings for eligible cases. Do not wait until trial to raise self-defense—the right strategy can dismiss charges entirely.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties