I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, Super Lawyers recognition, and more than 150 jury trials to verdict, I bring the experience that felony UPL charges demand.

How Does Florida Define Unlicensed Practice of Law?

Under §454.23, three categories of conduct constitute UPL. The first is actually practicing law without a license or authorization. The second is holding yourself out to the public as qualified to practice law. The third is willfully using any name, title, or description that implies you are qualified or recognized by law as qualified to practice. Each of these categories is independently sufficient to support a felony charge.

Florida Statute §454.23: UPL in Florida is a third-degree felony — not a misdemeanor. The legislature upgraded this from a first-degree misdemeanor in 2004, reflecting the legislature’s recognition that unauthorized legal practice causes serious harm to the public. The felony classification means a conviction carries up to 5 years in prison, 5 years of probation, and a $5,000 fine. At The Brancato Law Firm, P.A., we defend individuals charged with UPL throughout the 13th Judicial Circuit.

The Florida Supreme Court defines the “practice of law” broadly. It includes giving legal advice, preparing legal documents, representing others in legal proceedings, and any activity that requires legal knowledge and skill. However, the exact boundary between legal assistance and legal practice is frequently unclear — and this ambiguity is a key defense in many UPL cases. For instance, helping someone fill out a standardized form may not constitute practicing law, while advising them on which form to use or how to answer the questions likely does. Because the line is so difficult to draw, individuals often cross it without realizing they have committed a felony.

Who Gets Charged with Unlicensed Practice of Law?

UPL charges in Florida arise in several common scenarios. In fact, many defendants never intended to practice law — they simply did not realize that their activities crossed the legal boundary. Here are the most common situations:

• Notarios and immigration consultants. In many Latin American countries, a “notario público” is a licensed legal professional. In Florida, however, a notary public has no authority to provide legal advice. Individuals who advertise as “notarios” and provide immigration-related legal services — filling out forms, advising on visa applications, or representing clients before immigration authorities — frequently face UPL charges.
• Document preparation services. Companies and individuals that prepare legal documents — wills, trusts, divorce papers, real estate contracts — sometimes cross the line into legal advice. If the preparer exercises legal judgment in selecting or completing documents, the activity constitutes UPL.
• Suspended or disbarred attorneys. An attorney whose license has been suspended or revoked who continues practicing law faces UPL charges in addition to Bar sanctions.
• Paralegals and legal assistants. While paralegals may perform legal work under attorney supervision, a paralegal who independently provides legal advice or represents clients commits UPL.
• Real estate and financial professionals. Real estate agents, accountants, and financial advisors who provide legal advice beyond their professional license can face UPL charges.
• Jailhouse lawyers. Inmates who assist other inmates with legal paperwork could theoretically face UPL charges. However, in practice, prosecutors rarely bring §454.23 charges in this context because the statute targets individuals who hold themselves out as qualified to practice law or who charge fees for legal services. As a result, an inmate informally helping a fellow inmate with a motion — without claiming to be a lawyer or accepting payment — does not fit the typical prosecution profile.

What Are the Penalties for Unlicensed Practice of Law?

Because UPL is a third-degree felony, the penalties are significant:

Warning: In addition to criminal penalties, UPL can trigger civil liability. Individuals who paid for unauthorized legal services may sue for damages, including the cost of hiring a licensed attorney to correct any harm caused by the unauthorized practice. Furthermore, victims of immigration-related UPL may suffer devastating consequences — including deportation — when unqualified practitioners file incorrect or fraudulent documents on their behalf. At The Brancato Law Firm, P.A., we understand the full scope of these consequences and fight to prevent a conviction.

What Defenses Are Available for UPL Charges?

UPL charges often involve ambiguous facts, and the defense depends heavily on the specific circumstances. Here are the strategies we use at The Brancato Law Firm, P.A.:

• The conduct did not constitute practicing law. The boundary between legal advice and general information is not always clear. If the defendant provided general information, helped fill out forms without exercising legal judgment, or assisted with tasks that do not require a law license, the conduct may fall outside the statute.
• Authorization existed. The statute applies only to persons “not licensed or otherwise authorized” to practice law. Florida law specifically authorizes some activities even without a bar license — including certain pro se assistance programs, Florida Bar-approved legal aid services, and activities permitted under the supervision of a licensed attorney.
• No willfulness. For the “holding out” and “title” provisions of §454.23, the statute requires willful conduct. If the defendant did not intentionally represent themselves as a licensed Florida lawyer, the charge fails on this critical element of the offense.
• Cultural and language misunderstandings. In notario cases, the defendant may have used the term “notario” based on their understanding of the title in their home country, without intending to claim they were a Florida-licensed attorney. We present evidence of the cultural context to challenge the willfulness element.

What Should You Do If You Are Charged with UPL?

If you are under investigation or facing UPL charges, take these steps immediately:

1. Stop the activity immediately. Continuing to practice law after learning of the investigation only strengthens the State’s case. Furthermore, ongoing conduct may result in additional charges for each new client or transaction.
2. Do not speak with investigators without an attorney. The Florida Bar’s UPL Committee and law enforcement will investigate aggressively, often using undercover operatives or cooperating witnesses. Anything you say about the services you provided becomes evidence. Invoke your right to remain silent.
3. Preserve all records. Client files, advertising materials, business cards, website content, social media profiles, and any communications about the services you provided are all relevant to the defense. In particular, evidence showing how you described your services to clients can support a defense that you did not hold yourself out as a lawyer. Do not destroy any evidence.
4. Contact a defense attorney before your first appearance. If you have been arrested and booked at Orient Road Jail or Falkenburg Road Jail, your arraignment at the Hillsborough County Courthouse happens within 24 hours. An experienced attorney can argue for favorable bond conditions and challenge the sufficiency of the charges from the start.

Frequently Asked Questions About UPL in Florida

Is unlicensed practice of law a felony in Florida?

Yes — the legislature elevated UPL under §454.23 to a third-degree felony in 2004. Before 2004, it was only a first-degree misdemeanor. The upgrade reflects the serious harm that unauthorized legal practice can cause to the public, particularly in immigration and real estate matters. The Brancato Law Firm, P.A. defends clients against UPL charges throughout Hillsborough, Pinellas, and Pasco Counties.

Can a paralegal face UPL charges?

Yes — if a paralegal provides legal advice, represents clients, or performs legal work without the supervision of a licensed attorney, they can face UPL charges. However, a paralegal who works under proper attorney supervision and does not independently practice law is not violating the statute. Because this distinction depends heavily on the specific working arrangement, the facts of each case matter enormously. Tampa criminal defense attorney Rocky Brancato evaluates the specific working arrangement to determine the strongest defense.

What about notarios — can they practice law in Florida?

No. In Florida, a notary public has no authority to provide legal advice, prepare legal documents involving the exercise of legal judgment, or represent anyone in legal proceedings. Individuals who advertise as “notarios” and provide immigration or legal services face felony UPL charges. This is a particularly common source of prosecution in Hillsborough County’s diverse communities, where the cultural meaning of the title creates confusion. If you have been charged with UPL based on notario-related activities, The Brancato Law Firm, P.A. understands the cultural context and uses it in the defense.

Hiring a Defense Attorney

What experience does Rocky Brancato have with UPL cases?

Rocky Brancato has defended felony cases in Hillsborough County for more than 25 years. As a licensed attorney who understands the boundaries of legal practice from the inside, Rocky brings unique perspective to UPL defense. With more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. has the experience these cases require.

Can UPL charges be dismissed?

Yes. If the conduct did not actually constitute practicing law, if the defendant had authorization that the State failed to recognize, or if constitutional violations tainted the investigation, the charges can be dismissed. In addition, we often demonstrate that the defendant’s activities fell within recognized exceptions to UPL — such as providing general information rather than legal advice. The Brancato Law Firm, P.A. pursues dismissal at every stage.

How much does it cost to defend a UPL charge?

Fees depend on the complexity of the case, the full scope of the alleged unauthorized practice, and whether the case involves multiple victims or related civil proceedings. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing UPL charges, the consequences are serious — a felony conviction, potential prison time, restitution, and a permanent criminal record that affects your ability to work in any professional field. However, the line between legal assistance and legal practice is frequently unclear, and these cases are highly defensible when the right attorney challenges the State’s characterization of the conduct. Rocky Brancato has defended serious felony cases in Hillsborough County for more than 25 years. We understand the nuances of UPL law and know how to challenge the State’s characterization of the conduct, demonstrate that the activities fell within recognized exceptions, and fight to prevent a conviction that would follow you for the rest of your life.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are always available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend felony charges, visit our White Collar Crime practice page. Because UPL charges share characteristics with other professional and white collar offenses, understanding the broader legal landscape helps inform an effective defense strategy.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending serious felonies in Hillsborough County — including kidnapping cases tried to verdict — I know how aggressively prosecutors pursue these charges and how to fight back.

How Does Florida Law Define Kidnapping?

Under Florida law (§787.01), kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority. However, the statute also requires the State to prove you acted with one of four specific intents. In other words, confinement alone is not enough:

• To hold the person for ransom, reward, or as a shield or hostage
• To commit or help commit any felony
• To inflict bodily harm upon or terrorize the victim or another person
• To interfere with a governmental or political function

Florida Statute §787.01: The State must prove both an act of confinement or abduction and a specific criminal intent. Without proving both elements beyond a reasonable doubt, a kidnapping conviction cannot stand. This is where The Brancato Law Firm, P.A. focuses its defense.

For children under 13, the rules change. The State does not need to prove the child resisted. Instead, confinement without the consent of a parent or legal guardian is enough to satisfy the “against their will” element under §787.01(1)(b).

What Is the Difference Between Kidnapping and False Imprisonment in Florida?

Many people confuse kidnapping with false imprisonment. However, the distinction is critical because the penalties are dramatically different.

False imprisonment (§787.02) means you restrained someone against their will. Kidnapping (§787.01) requires that same restraint plus a specific criminal intent — like holding someone for ransom or confining them to commit another felony. In other words, false imprisonment is kidnapping’s lesser included offense.

This distinction matters because prosecutors frequently overcharge. At The Brancato Law Firm, P.A., we analyze whether the confinement truly supports a kidnapping charge — or whether the facts point to a lesser offense that carries far less prison time.

What Are the Penalties for Kidnapping in Florida?

Kidnapping penalties in Florida depend on the circumstances of the offense, the age of the victim, and whether a weapon was involved. Here is what you face.

Standard Kidnapping (First-Degree Felony)

Under §787.01(2), kidnapping is a first-degree felony. As a result, it carries a statutory maximum of life in prison and a fine of up to $10,000. Furthermore, because kidnapping scores as a Level 9 offense under Florida’s Criminal Punishment Code, most defendants face a minimum mandatory sentence of roughly four years in prison — even with no prior record. The judge cannot go below that floor without finding grounds for a downward departure.

Kidnapping of a Child Under 13 (Life Felony)

Warning: If you kidnap a child under 13 and commit aggravated child abuse, sexual battery, or lewd and lascivious offenses during the kidnapping, the charge jumps to a life felony under §787.01(3). A conviction means a mandatory life sentence with no possibility of parole. Florida eliminated parole — a life sentence means you die in prison.

10-20-Life Enhancement

Kidnapping is one of Florida’s enumerated offenses under the 10-20-Life law (§775.087). If you possessed a firearm during the kidnapping, you face a 10-year mandatory minimum. If you discharged the firearm, the minimum jumps to 20 years. If someone was shot or killed, the mandatory minimum is 25 years to life. Consequently, these enhancements apply on top of the kidnapping sentence itself, and the judge has no discretion to reduce them.

When Do Prosecutors Add Kidnapping Charges in Florida?

Kidnapping charges rarely stand alone. Prosecutors in the 13th Judicial Circuit and across Florida routinely add kidnapping to cases involving robbery, domestic violence, sexual battery, carjacking, and burglary. In fact, the strategy is simple — stacking charges increases leverage during plea negotiations and raises the potential sentence dramatically.

For example, in a domestic violence case, the State may argue that preventing someone from leaving a room constitutes kidnapping with intent to inflict bodily harm. In a robbery case, the State may argue that moving a store clerk to a back room constitutes kidnapping with intent to facilitate a felony. These are the kinds of overcharges we challenge every day at The Brancato Law Firm, P.A..

What Is the Faison Test — and Why Does It Matter?

The Faison test comes from the Florida Supreme Court’s decision in Faison v. State, 426 So. 2d 963 (Fla. 1983). It sets the standard for determining whether confinement during another felony counts as a separate kidnapping charge. Florida courts apply a three-part test:

1. The confinement or movement must not be slight, inconsequential, or merely incidental to the other crime.
2. The confinement must not be the kind inherent in the nature of the other crime.
3. The confinement must have independent significance — meaning it made the other crime substantially easier to commit or substantially reduced the risk of detection.

If the confinement fails any part of this test, the kidnapping charge should not stand. We use the Faison test aggressively in cases where prosecutors stack kidnapping on top of robbery, battery, or sexual battery charges. In many cases, the confinement was incidental to the underlying offense, and the kidnapping charge should never have been filed.

How We Fight Kidnapping Charges in Tampa

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — where I led and mentored over 100 attorneys — I have seen every prosecution strategy that works and every one that fails. Here is how we defend kidnapping cases at The Brancato Law Firm, P.A.:

• Challenge the specific intent. Kidnapping requires more than confinement. We investigate whether the State can actually prove you acted with one of the four statutory intents listed in §787.01.
• Apply the Faison test. If the confinement was incidental to another crime, we move to dismiss or reduce the kidnapping charge to false imprisonment.
• Attack witness credibility. Many kidnapping cases depend on a single witness. We examine inconsistencies, biases, and motives to fabricate.
• Challenge the evidence. If law enforcement violated your rights during the investigation — an illegal search, a coerced statement, a flawed lineup — we file motions to suppress that evidence.
• Negotiate from a position of strength. When full acquittal is not realistic, we leverage weaknesses in the State’s case to negotiate reduced charges or sentencing departures.

Real Case Results: Kidnapping Defense in Tampa

Not Guilty — Kidnapping and Robbery (Plant City)
Our client faced kidnapping and robbery charges. Rocky presented a strong mistaken identity defense, challenging the prosecution’s evidence at every turn. The jury returned Not Guilty on both charges.
Past results do not guarantee future outcomes.

Reduced — Kidnapping and Aggravated Battery to Misdemeanor (September 2025)
Our client was charged with kidnapping and aggravated battery for allegedly beating a fellow gang member. Rocky strategically chose not to waive speedy trial while investigating the case. The leverage gained by working within speedy trial resulted in both charges being reduced to misdemeanor battery with probation — avoiding a first-degree felony conviction entirely.
Past results do not guarantee future outcomes.

Can Kidnapping Charges Be Dropped or Reduced in Florida?

Yes — and it happens more often than most people realize. The State drops or reduces kidnapping charges for several reasons:

• Insufficient evidence of intent. If the State cannot prove one of the four required intents under §787.01, the charge cannot survive a motion for judgment of acquittal.
• Faison test failure. If the confinement was incidental to another crime, courts have reversed kidnapping convictions and reduced them to false imprisonment.
• Witness problems. When the key witness recants, contradicts their earlier statement, or refuses to cooperate, prosecutors often drop the charge rather than risk losing at trial.
• Pre-file advocacy. If you retain an attorney before the State formally files charges, we can present mitigating evidence to the intake prosecutor. In some cases, this prevents the kidnapping charge from ever being filed.

The earlier you contact The Brancato Law Firm, P.A., the more options we have to fight — or prevent — a kidnapping charge.

What Should You Do If You Are Arrested for Kidnapping in Florida?

If you or someone you love has been arrested for kidnapping and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Exercise your right to remain silent. Do not give a statement to law enforcement. Anything you say will be used against you.
2. Call a defense attorney before your first appearance. Your first court appearance at the Hillsborough County Courthouse happens within 24 hours of arrest. Having an attorney at that hearing can mean the difference between a reasonable bond and no bond at all.
3. Do not discuss the case with anyone. Jailhouse phone calls are recorded. Conversations with cellmates can become testimony. Only speak with your attorney.
4. Preserve evidence. Text messages, surveillance footage, and witness contacts can disappear quickly. Your attorney needs to secure this evidence before it is lost.

Frequently Asked Questions About Kidnapping in Florida

Is kidnapping a felony in Florida?

Yes. Under §787.01, kidnapping is a first-degree felony that carries up to life in prison. If the victim is a child under 13 and the offender commits certain additional acts, it becomes a life felony. The Brancato Law Firm, P.A. defends clients facing all levels of kidnapping charges in Hillsborough, Pinellas, and Pasco Counties.

What is the minimum sentence for kidnapping in Florida?

Because kidnapping scores as a Level 9 offense under Florida’s Criminal Punishment Code, most defendants face a minimum of approximately four years in prison — even with no prior criminal history. If a firearm was involved, the 10-20-Life mandatory minimums apply on top of the base sentence.

Can a parent be charged with kidnapping their own child in Florida?

Yes. The Florida Supreme Court ruled in Davila v. State that the kidnapping statute does not exempt parents. If a parent confines or abducts their own child with one of the four statutory intents — such as to terrorize the other parent or to facilitate another crime — the State can prosecute for kidnapping. However, custody disputes and parental rights create strong defense arguments that The Brancato Law Firm, P.A. can use to fight these charges.

More Questions About Kidnapping Charges

What is the difference between kidnapping and false imprisonment in Florida?

Kidnapping requires the State to prove you confined someone with a specific criminal intent — like holding them for ransom or to commit a felony. False imprisonment only requires proof that you restrained someone against their will. Because false imprisonment is a third-degree felony (up to 5 years) while kidnapping carries up to life, the distinction can mean decades of prison time.

Can kidnapping charges be reduced to a lesser offense?

Yes. Florida courts have reduced kidnapping charges to false imprisonment when the confinement was incidental to another crime under the Faison test. At The Brancato Law Firm, P.A., we use this legal standard to challenge overcharged cases and fight for reduced charges whenever the facts support it.

What defenses work against kidnapping charges in Florida?

Common defenses include lack of specific intent, the Faison incidental confinement test, consent, mistaken identity, and suppression of illegally obtained evidence. Of course, the right defense depends on the facts of your case. Tampa criminal defense attorney Rocky Brancato evaluates every angle before building your defense strategy.

Hiring a Kidnapping Defense Attorney

Why should I hire The Brancato Law Firm for a kidnapping charge?

Rocky Brancato brings more than 150 jury trials to verdict, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition to every kidnapping case. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he managed over 100 attorneys handling the most serious felonies in the 13th Judicial Circuit — including kidnapping, robbery, and homicide.

How much does a kidnapping defense lawyer cost in Tampa?

Every case is different, and fees depend on the complexity of the charges, the evidence involved, and whether the case goes to trial. The Brancato Law Firm, P.A. offers free, confidential consultations so you can understand your options before making any financial commitment. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing kidnapping charges, you already know the stakes. After all, a conviction can mean life in prison. We have stood in courtrooms across Hillsborough County and won Not Guilty verdicts on kidnapping charges — and we have used strategic pressure to reduce kidnapping charges to misdemeanors when the facts allowed it. We understand the fear you are feeling right now, and we know how to fight these charges.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — including pre-file advocacy that may prevent formal charges entirely.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about our defense strategies for serious charges, visit our Violent Crimes practice page. You can also read our guide on What Is Robbery in Florida? — robbery and kidnapping charges often appear together, and the defense strategies overlap.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.