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. As a former Major Crimes Trial Attorney who handled sex crimes and child abuse cases in the Hillsborough County Public Defender’s Office, I have defended unlawful sexual activity charges for more than 25 years. I hold an AV Preeminent rating from Martindale-Hubbell and Super Lawyers recognition.

How Does Florida Law Define Unlawful Sexual Activity with a Minor?

Under §794.05, unlawful sexual activity with a minor occurs when a person aged 24 or older engages in “sexual activity” with a person who is 16 or 17 years old. The statute defines “sexual activity” broadly — it includes oral, anal, or vaginal penetration by, or union with, the sexual organ of another person, or penetration by any other object.

Florida Statute §794.05: This charge is a second-degree felony carrying up to 15 years in prison. Critically, it does not matter whether the minor consented, initiated the contact, or even pursued the relationship. Under Florida law, a minor cannot legally consent to sex — and the judge will instruct the jury that consent cannot be considered as a defense. This is the single most important thing to understand about this charge. The Brancato Law Firm, P.A. focuses the defense on other elements the State must still prove.

This distinction is what separates unlawful sexual activity from sexual battery. Sexual battery under §794.011 involves force, coercion, or a victim who is physically or mentally helpless. Unlawful sexual activity under §794.05, in contrast, may involve a completely consensual encounter between two willing participants — but because one participant is a minor, the law treats it as a crime regardless. For this reason, these cases often involve very different facts and defense strategies than sexual battery cases.

Why Does Consent Not Matter in These Cases?

This is the question that surprises most people charged under §794.05. The answer is straightforward: Florida law has determined that a person under 18 cannot give legally valid consent to sexual activity with a person 24 or older. The legislature drew this line to protect minors from exploitation by significantly older adults.

In practice, this means the minor may have fully consented to the activity. The minor may have pursued the relationship, initiated the contact, or even lied about their age. None of these facts change the legal analysis. If the sexual activity occurred and the age requirements are met, the crime is complete — and the judge will specifically instruct the jury that they cannot consider consent as a defense.

Warning: Because consent is not a defense, the trial focuses entirely on whether the activity occurred and whether the defendant knew or should have known the other person’s age. Furthermore, a conviction triggers mandatory sex offender registration under §943.0435 — which is lifelong in Florida. The collateral consequences include residence restrictions, employment limitations, internet monitoring, and public listing on the sex offender registry. At The Brancato Law Firm, P.A., we fight to prevent these consequences from ever attaching.

What Are the Penalties for Unlawful Sexual Activity with a Minor?

The penalties under §794.05 are severe and extend far beyond the prison sentence:

In addition to the criminal penalties, a conviction creates collateral consequences that affect every part of your life — employment, housing, travel, relationships, and your ability to use the internet without court approval. At The Brancato Law Firm, P.A., we understand that avoiding a conviction is about far more than avoiding prison.

What Defenses Are Available for Unlawful Sexual Activity Charges?

Although consent is not a defense, these cases are far from unwinnable. The State must still prove every element beyond a reasonable doubt. Here are the defenses we use at The Brancato Law Firm, P.A.:

• Age of the defendant. The statute only applies if the defendant is 24 or older. If you were under 24 at the time of the alleged activity, §794.05 does not apply — and the case must be analyzed under different statutes with different penalties.
• No sexual activity occurred. If the alleged activity did not happen, the charge fails entirely. False allegations are common in these cases, often arising from angry parents, custody disputes, or peer pressure on the minor to report.
• Reasonable belief of age. While the statute does not explicitly list this as a defense, Florida courts have recognized that the defendant’s reasonable belief about the minor’s age can be relevant. If the minor presented themselves as older — through fake identification, social media profiles, or other representations — this evidence can support the defense.
• Credibility challenges. These cases often come down to testimony. If the alleged victim’s account contains inconsistencies or motives to fabricate, effective cross-examination can create reasonable doubt.
• Digital evidence investigation. Text messages, social media records, and dating app profiles can support the defense by showing the minor’s representations about their age.

Case Study — Unlawful Sexual Conduct Dismissed: We represented a 27-year-old man charged with unlawful sexual contact with a 16-year-old. Rocky conducted an extensive investigation of the alleged victim’s social media, which revealed she had presented herself as older online and appeared with other older men. Rocky highlighted multiple inconsistent stories in her account. Result: Charge dismissed completely. Past results do not guarantee future outcomes.

Does the Age Gap Matter?

Yes — the age gap determines which statute applies and what penalties you face. Here is how Florida law treats different age combinations:

• Defendant 24+ and minor 16-17: Unlawful sexual activity under §794.05 — second-degree felony, up to 15 years.
• Defendant 18-23 and minor 16-17: §794.05 does not apply. The activity may be legal depending on the specific circumstances and whether other statutes are implicated.
• Any adult and minor under 16: This falls under the more serious sexual battery statutes (§794.011) or lewd and lascivious offenses (§800.04), which carry significantly harsher penalties.

Florida’s Romeo and Juliet law (§943.04354) provides an additional layer of protection for certain close-in-age relationships. If the offender was no more than 4 years older than the victim (aged 14-17) at the time of the offense, they may petition for removal from the sex offender registry. However, this provision does not affect the underlying criminal charge — it only affects registration. At The Brancato Law Firm, P.A., we evaluate every close-in-age case for Romeo and Juliet eligibility.

What Should You Do If You Are Charged Under §794.05?

If you are under investigation for or have been charged with unlawful sexual activity with a minor, take these steps immediately:

1. Do not speak with law enforcement. Anything you say — even an attempt to explain the relationship — will be used against you. Invoke your right to an attorney and your right to remain silent.
2. Do not contact the alleged victim. Any contact can be used as evidence of consciousness of guilt, and it may result in additional charges. Do not call, text, message, or have anyone else reach out on your behalf.
3. Preserve all evidence. Text messages, social media conversations, dating app records, and any communications showing the minor’s representations about their age are critical to the defense. Do not delete anything.
4. Call a defense attorney before your first appearance. If you have been arrested and booked at Orient Road Jail or Falkenburg Road Jail, your first hearing at the Hillsborough County Courthouse happens within 24 hours. An attorney can argue for reasonable bond conditions and begin building the defense immediately.

Frequently Asked Questions About Unlawful Sexual Activity with a Minor

Is unlawful sexual activity with a minor the same as statutory rape in Florida?

Florida does not use the term “statutory rape.” Instead, §794.05 covers unlawful sexual activity with certain minors. The concept is similar — it criminalizes sexual activity with a person below a certain age regardless of consent — but the specific elements, age thresholds, and penalties are unique to Florida law. The Brancato Law Firm, P.A. defends clients facing these charges throughout Hillsborough, Pinellas, and Pasco Counties.

Can consent be used as a defense?

No. Under §794.05, consent is explicitly not a defense. The judge will instruct the jury that they cannot consider whether the minor consented. However, the fact that the minor may have initiated the relationship or misrepresented their age can be relevant to other defense strategies — including establishing reasonable doubt about the defendant’s knowledge of the minor’s age.

What if the minor lied about their age?

If the minor presented a fake ID, had a social media profile listing an older age, or otherwise actively misrepresented their age, this evidence can support the defense. While not an absolute defense under the statute, evidence that the defendant had a reasonable belief the other person was of legal age is relevant and can influence the jury. Tampa criminal defense attorney Rocky Brancato investigates every aspect of the minor’s representations in these cases.

More Questions About These Charges

Will I have to register as a sex offender?

If convicted, yes — sex offender registration under §943.0435 is mandatory and lifelong for a §794.05 conviction. Registration affects where you can live, where you can work, and whether you can use the internet without court approval. This is why fighting the charge aggressively from the start is critical. Read our detailed guide: What Is Sex Offender Registration in Florida?

Can unlawful sexual activity charges be dropped in Florida?

Yes. If the State cannot prove the sexual activity occurred, or if the evidence contains credibility problems or was obtained unlawfully, the charges can be dismissed. In addition, pre-file advocacy — working with the prosecutor before formal charges are filed — can sometimes prevent the charge from being filed at all. The Brancato Law Firm, P.A. pursues dismissal at every stage.

Hiring a Defense Attorney

What experience does Rocky Brancato have with sex crime cases?

Rocky Brancato served as a Major Crimes Trial Attorney in the Hillsborough County Public Defender’s Office, where he handled sex crimes and child abuse cases. With more than 150 jury trials to verdict, an AV Preeminent rating, Super Lawyers recognition, and death-qualification for capital cases, Rocky brings the experience these serious charges demand. The Brancato Law Firm, P.A. serves clients in Hillsborough, Pinellas, and Pasco Counties.

How much does it cost to defend an unlawful sexual activity charge?

Fees depend on the complexity of the case, the investigation required, and whether the case goes to trial. Because the consequences of a conviction include prison, sex offender registration, and lifelong collateral consequences, this is not a charge to face without experienced counsel. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your situation.

You Are Reading This for a Reason — Let Us Help

If you are facing an unlawful sexual activity charge, the consequences go far beyond prison — they include lifelong sex offender registration, residence restrictions, employment limitations, and public stigma. These cases are defensible, and we have the experience to fight them. Rocky Brancato has defended sex crime cases in Hillsborough County for more than 25 years, including cases where charges were dismissed after thorough investigation of the alleged victim’s credibility and representations.

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 available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend sex crime charges, visit our Sex Crimes practice page. You can also read our guides on What Is Sexual Battery in Florida? and What Is Sex Offender Registration in Florida? — sexual battery and registration issues are closely related to unlawful sexual activity charges.

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.