I’m Tampa Criminal Defense Attorney Rocky Brancato. With more than 150 jury trials to verdict — including robbery and armed robbery cases tried to Not Guilty verdicts — I know how prosecutors build these cases and exactly where they fall apart.

How Does Florida Define Robbery?

Florida Statute § 812.13: Robbery is taking money or property from another person while using force, violence, assault, or threats that put the victim in fear.

In order to convict you, prosecutors in the 13th Judicial Circuit must prove three things beyond a reasonable doubt:

• You took money or property from the victim
• You intended to keep it (even temporarily)
• You used force, violence, or threats during the taking

That third element — force or fear — is everything. In other words, it is the single thing that separates robbery from regular theft. As a result, if the State cannot prove force or fear actually happened, the Florida robbery charge should not hold. Therefore, this is one of the first things we examine at The Brancato Law Firm, P.A.

“I Was Robbed” — Why That Word Probably Does Not Apply

People say “I was robbed” all the time. Someone broke into their car? “I was robbed.” Their house was broken into while they were on vacation? “Robbed.” However, under Florida law, none of those situations are actually robbery.

Robbery means someone took something from you face-to-face, using force or threats. In contrast, if nobody confronted you directly, it was not robbery — it was burglary or theft. Consequently, these are very different charges with very different penalties.

Because of this, the charge you actually face changes everything about your defense. At The Brancato Law Firm, P.A., the first thing we do is make sure the charge fits the facts.

What Are the Three Types of Robbery in Florida?

Specifically, Florida breaks robbery into three categories based on whether the offender carried a weapon. The type of weapon — or lack of one — controls how much prison time you face.

Armed Robbery with a Firearm or Deadly Weapon

This is the most serious category. If you had a firearm or deadly weapon during the robbery, you face a first-degree felony punishable by up to life in prison. In fact, you do not have to point or fire the weapon — just having it on you is enough for this charge.

Robbery with a Weapon

Similarly, if you had a weapon that does not qualify as a firearm or deadly weapon, it is still a first-degree felony with up to 30 years in prison. However, Florida courts have debated what counts as a “weapon” for decades, and that gray area is often where a strong defense begins.

Strong-Arm Robbery (No Weapon)

Finally, when the offender carries no weapon, it is a second-degree felony with up to 15 years in prison. Nevertheless, even though this is the least severe robbery charge Florida, 15 years is still a life-changing sentence. We take every robbery classification seriously at The Brancato Law Firm, P.A.

What Are the Penalties for Robbery in Florida?

As noted above, every robbery offense Florida in Florida is a felony. Furthermore, the penalties jump sharply depending on whether the offender carried a weapon, and Florida’s 10-20-Life law adds mandatory minimums that judges cannot override.

10-20-Life Warning: Under § 775.087, just having a firearm during a robbery triggers a 10-year mandatory minimum. Fire the weapon? That jumps to 20 years. If someone is hurt, the mandatory minimum is 25 years to life. The judge has zero discretion to go lower. If you are facing armed robbery, call The Brancato Law Firm, P.A. immediately at (813) 727-7159.

Is a BB Gun a Firearm for Robbery Charges?

No. Under Florida law, a firearm must fire a projectile using an explosive charge. Because a BB gun does not do that, it does not qualify as a firearm. However, courts have ruled that a BB gun can still be classified as a “deadly weapon” depending on how it was used — for example, if the person implied it was loaded and the victims had no reason to think otherwise.

As a result, this distinction matters enormously. The difference between “firearm” and “deadly weapon” can mean the difference between a life sentence and a significantly shorter one. At The Brancato Law Firm, P.A., we analyze exactly how someone used the alleged weapon because that analysis often determines the outcome.

What Sentencing Enhancements Can Stack on a Robbery Charge?

Beyond the base penalties, robbery charges can get much worse when prosecutors stack additional enhancements. In particular, Hillsborough County prosecutors routinely pursue these, and they can turn a serious sentence into a devastating one.

Consequently, because these enhancements can stack on top of each other, a single armed robbery statute Florida can result in a life sentence. For this reason, we review every prior conviction and every fact at The Brancato Law Firm, P.A. — to find grounds to challenge each enhancement.

How Does The Brancato Law Firm Defend Robbery Charges?

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys — I have seen every defense strategy that works and every one that fails.

Robbery Case Results

Case Study — Not Guilty, Armed Robbery with Firearm (Two Counts): We represented a man accused of robbing another man for expensive car rims at gunpoint. Before trial, Rocky personally visited the client’s home, the crime scene, and the evidence room to examine every piece of evidence — including a specific reversible jacket. That hands-on investigation gave Rocky superior knowledge of the details, which he used to cross-examine the detectives and prepare his client to testify. The jury returned Not Guilty on both counts of armed robbery.

Past results do not guarantee future outcomes.

Case Study — Not Guilty, Armed Robbery (Wimauma): We represented a man charged with armed robbery. At trial, we presented a mistaken identity defense built around a critical detail: the victim never mentioned our client’s distinctive arm tattoo when describing the suspect to police. That inconsistency created reasonable doubt, and the jury returned a Not Guilty verdict.

Past results do not guarantee future outcomes.

Case Study — Not Guilty, Kidnapping and Robbery (Plant City): We represented a man facing kidnapping and robbery charges. Rocky presented a strong mistaken identity defense, challenging the prosecution’s evidence at every turn. The jury found our client Not Guilty on both charges.

Past results do not guarantee future outcomes.

Case Study — Robbery Dismissed (November 2025): We represented a woman accused of participating in a robbery and severely beating another woman. After Rocky’s investigation, the robbery charge Florida was dismissed entirely and the aggravated battery was reduced to a misdemeanor with a probationary sentence.

Past results do not guarantee future outcomes.

How We Attack the Prosecution’s Case

Our defense process focuses on the weak points in every robbery case:

• Eyewitness identification — Photo lineups, show-ups, and in-court IDs are frequently flawed. We challenge the procedures and, when needed, retain identification experts.
• The force or fear element — If the State cannot prove force, violence, or threats, the robbery charge should be reduced to theft.
• Weapon classification — Whether an object qualifies as a firearm, deadly weapon, or weapon can be the difference between life in prison and 15 years.
• Independent forensic review — Our experts review surveillance footage, DNA, and physical evidence separately from what the State presents.

What Are Common Defenses to Robbery in Florida?

Every robbery case is different, and the best defense depends on the facts. Here are the strategies we most commonly pursue at The Brancato Law Firm, P.A.

What Charges Often Come With Robbery?

Robbery charges rarely stand alone. Instead, prosecutors frequently stack related charges, and each one adds potential prison time. Therefore, understanding what you are actually facing is critical to building the right defense.

Felony Murder (§ 782.04): For example, if someone dies during a robbery — even accidentally — you can be charged with first-degree murder. This carries life in prison or even the death penalty. Because I am death-qualified under the Rules of the Florida Supreme Court, I understand the stakes of these cases and know how to defend them.

Carjacking (§ 812.133): Additionally, this is robbery where the property taken is a car. You can be convicted of both robbery and carjacking if different property was involved in the same incident.

Robbery by Sudden Snatching (§ 812.131): On the other hand, this is a lesser offense — a third-degree felony with up to 5 years instead of 15. Accordingly, successfully arguing for this reclassification can dramatically reduce your exposure.

What About Juvenile Robbery Charges?

Robbery charges hit juvenile defendants differently. Indeed, Florida courts have recognized that sentencing minors the same as adults raises serious constitutional problems. As a consequence, courts have thrown out life sentences for juveniles convicted of armed robbery and capped sentences to make sure young people get a real chance at release. At The Brancato Law Firm, P.A., we fight to protect the future of young clients facing robbery charges Florida in Hillsborough, Pinellas, and Pasco Counties.

Frequently Asked Questions About Florida Robbery Charges

What is the difference between robbery and theft in Florida?

Robbery requires force, violence, or threats during the taking. In contrast, theft does not. Because of that distinction, robbery is always a felony, while theft can be a misdemeanor. Tampa Criminal Defense Attorney Rocky Brancato at The Brancato Law Firm, P.A. can evaluate whether the force element is actually supported in your case.

Can robbery charges be dropped in Florida?

Yes. If the defense shows there is not enough evidence of force or fear, or if there were constitutional violations during the investigation, robbery charges can be dropped. In addition, pre-file intervention — where an attorney presents evidence to prosecutors before formal charges are filed — can also prevent charges entirely. Call The Brancato Law Firm, P.A. at (813) 727-7159.

What is strong-arm robbery?

Strong-arm robbery is robbery without a weapon. It is a second-degree felony with up to 15 years in prison. Even without a weapon, prosecutors still push for aggressive sentences. The Brancato Law Firm, P.A. defends strong-arm robbery cases throughout Hillsborough, Pinellas, and Pasco Counties.

How long do you go to jail for armed robbery in Florida?

Armed robbery with a firearm is a first-degree felony punishable by up to life in prison. On top of that, Florida’s 10-20-Life law triggers a 10-year mandatory minimum just for having the firearm. Furthermore, if someone fired the firearm, the minimum jumps to 20 years. The Brancato Law Firm, P.A. fights to challenge firearm classifications and reduce mandatory minimums.

Can I be charged with robbery if I did not actually take anything?

Yes. You can be charged with attempted robbery even if no property was taken. Specifically, the State just has to prove you intended to commit robbery and took some step toward doing it. However, if you voluntarily stopped before using force, the charges may not hold. The Brancato Law Firm, P.A. examines the timeline of events closely in these situations.

What should I do if I am arrested for robbery in Tampa?

Stay silent and call a lawyer immediately. Do not explain your side to the police. If you have been booked at Orient Road Jail or Falkenburg Road Jail, your first appearance will be at the Hillsborough County Courthouse. Call The Brancato Law Firm, P.A. at (813) 727-7159 as soon as possible — early action can change the outcome of your case.

Why should I hire The Brancato Law Firm for robbery defense?

Rocky Brancato has more than 25 years of criminal defense experience in Hillsborough County, including more than 150 jury trials to verdict. Notably, he has taken robbery and armed robbery cases to trial and won Not Guilty verdicts. He also holds an AV Preeminent rating from Martindale-Hubbell and has been selected to Super Lawyers, with perfect 10.0 ratings on both Justia and Avvo.

What does an AV Preeminent rating mean for my robbery case?

An AV Preeminent rating from Martindale-Hubbell is the highest rating an attorney can receive for legal ability and ethical standards. Essentially, Martindale-Hubbell bases this rating on peer reviews from other lawyers and judges who have seen Rocky Brancato work. For your robbery case, this means the attorneys who have opposed him rate his ability at the highest level. The Brancato Law Firm, P.A. brings that caliber of defense to every case.

You Are Reading This for a Reason — Let Us Help

If you or someone you love is facing Florida robbery law in Tampa, you are not just reading an article — you are looking for a way out. We understand that. At The Brancato Law Firm, P.A., we have taken armed robbery cases to trial and won Not Guilty verdicts when the stakes could not have been higher.

Every day you wait is a day the prosecution builds its case against you. However, early action can change everything — from challenging the evidence before trial to preventing formal charges from ever being filed. The sooner you call, the more options we have to protect you.

Call Tampa Criminal Defense Attorney Rocky Brancato right now at The Brancato Law Firm, P.A.: (813) 727-7159. The consultation is free, confidential, and available 24/7 for emergencies. We serve Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend violent crime cases, visit our Tampa Violent Crime Lawyer practice page. We have also written about what constitutes a first-degree felony in Florida, which covers the sentencing framework that applies to armed robbery.

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. For over 25 years, I’ve defended people in Hillsborough County facing assault and aggravated assault charges — from bar fights to road rage incidents to domestic disputes that got out of hand.

What Is Assault Under Florida Law?

Most people think assault means hitting someone. In Florida, that’s actually battery. Assault is something different — and police can arrest you for it even if you never touched anyone.

Florida Statute §784.011 — Assault: An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

In plain English, the State has to prove three things to convict you of assault:

1. You made an intentional threat — by words or actions — to hurt someone.
2. You appeared to have the ability to carry out that threat at the time.
3. The other person had a real fear that violence was about to happen right then and there.

So if someone gets in your face during an argument and you raise your fist and say “I’m going to knock you out” — that can be assault, even though you never swung. On the other hand, if you say something like “I’ll deal with you next week,” that’s a conditional, future threat. Florida courts have ruled that conditional threats about some unspecified future time are not assault.

Additionally, you must direct the threat at a specific person. The Florida Supreme Court made clear in Somers v. United States (2022) that the assault statute requires the actor to intentionally direct the threat at another individual. In other words, reckless behavior that happens to scare someone is not enough — the State must prove you targeted someone.

What Is Aggravated Assault in Florida?

Aggravated assault is where simple assault becomes a felony. Under Florida law (§784.021), assault becomes aggravated when either of these is true:

1. You used or displayed a deadly weapon during the assault (without intent to kill), OR
2. You committed the assault with an intent to commit a felony.

This is where cases get serious fast. For example, if you threaten someone while holding a knife, a gun, a bat, or even a car — anything that could cause death or serious injury — the State can charge you with aggravated assault. Similarly, if prosecutors can argue that you threatened someone as part of committing another felony (like robbery or burglary), that’s also aggravated assault.

Warning: Aggravated assault is a third-degree felony. A conviction means up to 5 years in Florida State Prison, 5 years of probation, and a $5,000 fine. If the person used a firearm, the 10-20-Life law can add a mandatory minimum sentence. This will follow you for the rest of your life.

What Is the Difference Between Assault and Battery?

People confuse assault and battery constantly, but they are two separate crimes in Florida. The simplest way to think about it: assault is the threat, battery is the touch.

Because they are separate offenses, you can be charged with both. However, if the assault and battery arise from the same act, your attorney can challenge dual convictions on double jeopardy grounds. This is something we look at in every case at The Brancato Law Firm, P.A.

What Are the Penalties for Assault in Florida?

The penalties for assault charges in Florida depend entirely on whether you’re facing simple assault or aggravated assault. Here’s what you’re looking at:

Beyond these penalties, a felony conviction for aggravated assault creates permanent consequences. You lose your right to own a firearm. You have a felony on your record that shows up on every background check. It can affect your ability to find work, rent an apartment, or maintain custody of your children. This is why early, aggressive defense matters.

What Counts as a “Deadly Weapon” in Florida?

This is one of the most common questions people ask — and the answer may surprise you. A “deadly weapon” under Florida law goes far beyond guns and knives. It includes anything that, based on how someone used it or threatened to use it, could cause death or great bodily harm.

Florida courts have treated all of the following as deadly weapons in assault cases: firearms (including BB guns and pellet guns pointed at someone), knives, baseball bats, cars, bottles, chairs, and even broom handles — depending on how the person used them.

However, not everything qualifies. In Austin v. State, a Florida court ruled that spraying mace into someone’s mouth was not a deadly weapon because the evidence did not show it could cause death or serious harm. In another case, a court ruled that a cigarette lighter shaped like a gun did not qualify as a deadly weapon and reduced the conviction to simple assault.

At The Brancato Law Firm, P.A., we challenge the deadly weapon element in aggravated assault cases whenever the evidence supports it. If the object was not actually capable of causing death or great bodily harm, the felony charge should not stand.

Can Words Alone Be Assault in Florida?

Yes — but only if the words rise to the level of a genuine threat of imminent violence. The statute says the threat can be “by word or act.” So words alone can technically be assault, but courts have set limits.

For example, a Florida court ruled that saying “If I see you around another man, I’ll hurt you” was not assault because it was a conditional, future threat — not an immediate one. On the other hand, telling someone “I’m going to kill you” while standing close enough to do it, with your fists raised, absolutely qualifies.

Additionally, the person you threaten must actually experience fear that violence is about to happen. If the alleged victim did not fear immediate harm — for instance, if they were laughing or calm and called for help without urgency — we can argue that element was not met. We have seen cases in the 13th Judicial Circuit where the State’s evidence on the fear element fell apart under cross-examination.

What Are Enhanced Penalties for Assault on Certain Victims?

Florida increases the penalties when the alleged victim belongs to a protected class. Under §784.07 and related statutes, assaulting certain individuals bumps the charge up by one level:

If you are charged with assault on a law enforcement officer in Hillsborough County, the State Attorney’s Office will push hard for the enhanced penalty. We know how prosecutors in the 13th Judicial Circuit handle these cases, and we prepare accordingly.

How Do We Defend Assault and Aggravated Assault Charges?

Every assault case has weaknesses — even the ones that look bad at first. With over 25 years of experience and more than 150 jury trials to verdict, I know where to look. As a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I led and mentored over 100 attorneys handling these exact types of cases. These are the defense strategies we use most often:

Self-defense. Florida’s Stand Your Ground law allows you to threaten force when you reasonably believe you are in danger. If the other person came at you first, we build the self-defense case. The State then has to prove beyond a reasonable doubt that you were NOT acting in self-defense.

No intent. Assault requires an intentional threat. If the other person misinterpreted your words or actions — if you were joking, venting, or reacting in the moment without directing a threat at anyone — the intent element falls apart.

No well-founded fear. The alleged victim must have genuinely feared imminent violence. If they did not react with fear — if they stayed calm, did not call for help, or even laughed — we use that to challenge the State’s case. Florida courts have thrown out assault convictions where the State failed to prove the fear element.

The object is not a deadly weapon. For aggravated assault, the State must prove the weapon was actually deadly. If the object could not realistically cause death or great bodily harm, we argue for reducing the charge to simple assault.

Lack of apparent ability. If you made a threat but were physically unable to carry it out — you were too far away, restrained, or had no weapon — the second element of assault fails.

Assault Case Results

Case Result: Not Guilty — Aggravated Assault with a Deadly Weapon and Battery

Our client faced aggravated assault with a deadly weapon and battery charges. At trial, we challenged the State’s evidence through effective cross-examination and exposed weaknesses in the prosecution’s case. The jury returned Not Guilty on both counts.

Past results do not guarantee future outcomes.

Case Result: No Filed — Aggravated Assault (Pre-File Advocacy)

We represented a client at First Appearance Court on aggravated assault charges. Through pre-file advocacy, Rocky worked directly with the prosecutor and presented compelling reasons not to file. The State chose not to file the case — our client walked away with no charges in under 30 days.

Past results do not guarantee future outcomes.

How We Attack the Prosecution’s Case

We don’t wait for trial to start fighting. At The Brancato Law Firm, P.A., we investigate immediately — reviewing police reports, body camera footage, witness statements, and 911 calls. If there were constitutional violations during your arrest, we file motions to suppress. If the evidence does not support every element of the charge, we push for dismissal or reduction before the case ever reaches a jury.

Can Assault Charges Be Dropped in Florida?

Yes — prosecutors drop, reduce, or dismiss assault charges more often than most people realize. Here’s why: assault cases frequently come down to one person’s word against another’s. There may be no physical evidence, no injuries, and no independent witnesses. When the State cannot prove every element beyond a reasonable doubt, the case falls apart.

Common reasons prosecutors drop assault charges include: the alleged victim recants or refuses to cooperate, body camera footage contradicts the police report, the evidence does not support the “well-founded fear” element, or the defense demonstrates self-defense. We have also negotiated pre-trial diversion for clients facing assault charges, where the State dismisses the charge after the client completes certain conditions.

However, the earlier you get an attorney involved, the more options you have. Once the State formally files a case and moves toward trial, negotiating becomes harder. If police arrested you for assault and you are sitting at Orient Road Jail or Falkenburg Road Jail, call us before your first appearance at the Hillsborough County Courthouse.

Assault and Domestic Violence: What You Need to Know

When an assault charge involves a household or family member, Florida treats it as domestic violence — even if it’s a simple misdemeanor assault. Under §741.28, domestic violence includes any assault or battery between family members, household members, or people who have lived together.

This matters because domestic violence convictions carry collateral consequences beyond the criminal penalty. You lose your right to own firearms under federal law. You cannot seal or expunge the conviction. It shows up on background checks permanently. And in custody disputes, it gives the other parent powerful ammunition.

We have successfully handled domestic violence assault cases in Hillsborough County by acting quickly. In one recent case, we prepared affidavits and presented them to the intake prosecutor within 24 hours, resulting in the State filing a Notice of Termination — our client never spent a night in jail. That is the power of early intervention.

Frequently Asked Questions About Assault Charges in Florida

Questions About Assault Law

Can I be charged with assault if I never touched anyone?

Yes. Under Florida law (§784.011), assault does not require physical contact. If you made an intentional threat and the other person genuinely feared you were about to hurt them, you can be charged. Many of the assault cases we handle at The Brancato Law Firm, P.A. involve threats without any physical contact. Battery is the separate charge that requires touching.

What is the difference between simple assault and aggravated assault?

Simple assault (§784.011) is a second-degree misdemeanor carrying up to 60 days in jail. Aggravated assault (§784.021) is a third-degree felony carrying up to 5 years in prison. What separates them is whether the person used a deadly weapon or committed the assault with intent to commit a felony. The Brancato Law Firm, P.A. handles both.

Is assault a felony or misdemeanor in Florida?

It depends. Simple assault is a misdemeanor. Aggravated assault — meaning with a deadly weapon or with intent to commit a felony — is a third-degree felony. Additionally, the State enhances assault on a law enforcement officer, even without a weapon, to a first-degree misdemeanor. Tampa Criminal Defense Attorney Rocky Brancato evaluates every case to determine whether the State can actually prove the elements of the charge filed.

Questions About Defending Your Case

What should I do if I’m arrested for assault in Tampa?

Do not give a statement to police. Do not discuss the incident with anyone except your attorney. Call The Brancato Law Firm, P.A. at (813) 727-7159 as soon as possible. What you say and do in the first 24-48 hours after an arrest can determine the outcome of your case. We respond to calls 24/7 and can begin working on your defense immediately.

Can a self-defense claim beat an assault charge?

Absolutely. Florida’s Stand Your Ground law is a powerful defense in assault cases. If you reasonably believed you were in danger of harm, you had the right to threaten force to protect yourself. When you raise self-defense, the burden shifts to the State to prove beyond a reasonable doubt that you were not defending yourself. With over 150 jury trials to verdict, Rocky Brancato has extensive experience presenting self-defense cases to juries in the 13th Judicial Circuit.

Can I get my assault charge expunged in Florida?

If the State dismisses your case or a jury finds you not guilty, you may qualify for expungement. If you complete a pre-trial diversion program, you may also qualify. However, Florida law does not allow you to expunge a domestic violence conviction. This is another reason why fighting the charge early — before a conviction — is so important. Call The Brancato Law Firm, P.A. to discuss your options.

Hiring a Defense Attorney

What experience does Rocky Brancato have with assault cases?

Rocky Brancato has defended assault and aggravated assault cases for over 25 years in Hillsborough County. As a former Major Crimes Trial Attorney with the Public Defender’s Office, he handled violent crime cases daily. He later served as Chief Operations Officer, overseeing more than 100 attorneys. Rocky holds an AV Preeminent rating from Martindale-Hubbell — the highest peer-reviewed rating for legal ability and ethics — and earned selection to Super Lawyers. He also maintains perfect 10.0 ratings on both Justia and Avvo.

You Are Reading This for a Reason — Let Us Help

If you are reading this page, chances are you or someone you care about faces assault or aggravated assault in Florida. You are scared. You are wondering what happens next. You need answers from someone who has been in courtrooms defending these cases for over two decades.

We have stood in front of juries and won Not Guilty verdicts on aggravated assault charges. We know how prosecutors in Hillsborough, Pinellas, and Pasco Counties build these cases — and we know how to take them apart. Every day you wait is a day the prosecution builds its case while you lose options.

Call Tampa Criminal Defense Attorney Rocky Brancato at The Brancato Law Firm, P.A. today: (813) 727-7159. The consultation is free and confidential. We are available 24/7. We serve Hillsborough, Pinellas, and Pasco Counties.

Related Pages:

• Violent Crimes Defense in Tampa
• What Is Robbery in Florida?

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.