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Tampa Aggravated Child Abuse Attorney
A complete, expert-driven medical records review is one of the most powerful tools in defending child abuse charges—and it’s often the difference between conviction and dismissal
| ⚠ THE STAKES IN AGGRAVATED CHILD ABUSE CASES Aggravated child abuse is a first-degree felony in Florida, punishable by up to 30 years in prison. Even if acquitted, the allegations alone can destroy careers, families, and reputations. Many people feel the system presumes guilt from day one. Medical record review is often the key to proving innocence—but most attorneys don’t conduct the thorough investigation these cases require. |
Why Medical Records Are Critical in Child Abuse Cases
Facing aggravated child abuse charges in Tampa, Hillsborough, Pinellas, or Pasco counties is overwhelming. The penalties are severe, and the social consequences can last a lifetime—even if you are completely innocent.
One of the most important steps in defending an aggravated child abuse case is gathering all medical records—not just the records related to the incident in question. A child’s complete medical history can reveal non-abusive causes of injuries that doctors, investigators, and prosecutors overlooked or never considered.
| KEY DEFENSE STRATEGY Prosecutors typically provide only the medical records tied to the most recent hospital visit—records that support their theory. A strong defense requires collecting the child’s complete medical records from birth, analyzing patterns of illness and injury, and identifying alternative medical explanations the State never considered. |
Medical Conditions Commonly Mistaken for Child Abuse
Doctors may misinterpret injuries as intentional when they actually stem from underlying medical conditions. Without thorough review by an experienced defense attorney and independent medical experts, key evidence supporting innocence can be missed.
| Condition Type | Examples & How They Mimic Abuse |
| Birth Trauma | Forceps injuries, vacuum extraction complications, clavicle fractures during delivery |
| Bone Disorders | Osteogenesis imperfecta (brittle bone disease), rickets, vitamin D deficiency—cause fractures from minimal force |
| Connective Tissue Disorders | Ehlers-Danlos syndrome—causes easy bruising, skin fragility, joint injuries |
| Bleeding/Clotting Disorders | Hemophilia, von Willebrand disease, vitamin K deficiency—cause unexplained bruising and internal bleeding |
| Metabolic Diseases | Glutaric aciduria, Menkes disease—cause neurological symptoms and subdural hematomas mistaken for shaken baby syndrome |
| Congenital Abnormalities | Choledochal cysts, vascular malformations—cause internal injuries without external trauma |
| Infections | Toxoplasmosis, meningitis, osteomyelitis—cause neurological symptoms, bone lesions, and behavioral changes |
| ABOUT CHILD PROTECTION TEAM (CPT) OPINIONS Child Protection Team opinions are often based on limited data from a single hospital visit. They may not have access to the child’s full medical history, prior injuries, or genetic factors. Independent medical review frequently uncovers critical information CPT never considered—and many cases have been dismissed after independent analysis contradicted CPT findings. |
Real Case Results: What Thorough Medical Review Can Accomplish
The following case examples demonstrate how comprehensive medical investigation can change outcomes in aggravated child abuse cases:
| CASE RESULT: CHARGES DISMISSED – CONGENITAL CONDITION DISCOVERED Allegation: A father faced aggravated child abuse charges after his daughter suffered a severe abdominal injury. The Child Protection Team claimed intentional trauma. Defense Investigation: After obtaining the full medical history, attorney Rocky Brancato consulted a forensic pathologist who identified a congenital choledochal cyst—a birth defect that explained the injury. Result: All charges dismissed. |
| CASE RESULT: MURDER & CHILD ABUSE CHARGES DROPPED – CPR INJURIES PROVEN Allegation: A grandmother faced murder and aggravated child abuse charges. Medical experts initially claimed blunt force trauma contributed to a child’s death. Defense Investigation: Rocky’s investigation and expert consultation revealed the injuries came from forceful CPR attempts, not abuse. Result: Murder and aggravated child abuse charges dropped. |
| CASE RESULT: CHARGE REDUCED TO MISDEMEANOR – MEDICAL CONDITION PROVEN Allegation: A young father was accused of injuring his infant. Defense Investigation: Medical investigation revealed the father had Toxoplasmosis, a brain infection affecting impulse control. Rocky obtained medical evidence proving the condition’s impact on the defendant’s behavior. Result: Felony charge reduced to misdemeanor. |
Building a Medical Timeline: The Defense Approach
Complex medical histories demand a structured approach. Attorney Rocky Brancato collaborates with medical experts to build a detailed, chronological medical timeline that can directly contradict the prosecution’s theory.
| Timeline Element | How It Helps the Defense |
| Birth Records | May show birth trauma, delivery complications, or congenital conditions |
| Past Illnesses | Pattern of symptoms may indicate underlying condition, not abuse |
| Prior Injuries | May show injury predates defendant’s access to child or occurred earlier than alleged |
| Genetic Testing | Can reveal bone disorders, metabolic diseases, or clotting abnormalities |
| Diagnostic Findings | Lab results, imaging studies, and specialist reports may contradict abuse theory |
| Environmental Factors | Accidental injuries, household hazards, or supervision by others may explain findings |
Expert Witnesses: Critical for Judges and Juries
Board-certified medical experts provide objective analysis that can be decisive at trial or in negotiations. Expert witnesses can explain:
- Whether an injury is consistent with accidental causes
- Whether a genetic or metabolic condition explains the findings
- Whether the State’s medical interpretation contains flaws or assumptions
- Whether the injury’s timing aligns with the allegation or occurred earlier
- Whether CPR, medical intervention, or other events explain the findings
Rocky Brancato works with nurse consultants, forensic pediatricians, forensic pathologists, and independent medical specialists to build the strongest possible defense. Because doctors and specialists sometimes move, retire, or relocate, Rocky frequently travels to depose medical experts or coordinate testimony across different states.
| ⚠ IF CONTACTED BY LAW ENFORCEMENT ABOUT CHILD ABUSE Do NOT answer questions. Do NOT explain injuries. Contact a defense attorney immediately. Anything said before consulting counsel can be misinterpreted or used against you. Early intervention allows your attorney to preserve evidence, contact medical providers, consult experts, and prevent misunderstandings that can harm your case. |
Frequently Asked Questions: Aggravated Child Abuse Defense
Why are medical records so important in an aggravated child abuse case?
Medical records can reveal alternative explanations for injuries, such as birth trauma, genetic disorders, metabolic conditions, or preexisting illnesses. A full medical history often exposes gaps or errors in the State’s theory that can lead to dismissal or acquittal.
Do prosecutors provide the full medical history?
No. Prosecutors usually provide only the records tied to the incident—records that support their theory. A strong defense requires an attorney who will request all medical records from birth onward and analyze them for alternative explanations.
Can a genetic disorder mimic signs of child abuse?
Yes. Conditions like osteogenesis imperfecta (brittle bone disease), Ehlers-Danlos syndrome, and clotting disorders can cause fractures or bruising that look like intentional harm. Without proper testing and expert review, these conditions are often missed.
How does a medical expert help in these cases?
Medical experts help interpret complex records, explain alternative causes of injuries, evaluate timing, and challenge flawed assumptions by the Child Protection Team. Their testimony can be decisive in showing that injuries resulted from medical conditions rather than abuse.
What if the Child Protection Team says the injury is abuse?
CPT opinions are often based on limited data from a single hospital visit. Independent medical review can uncover critical information CPT never considered—including birth records, genetic testing, and prior medical history. Many cases have been dismissed after independent analysis contradicted CPT findings.
Can a medical timeline help prove innocence?
Yes. A timeline comparing injuries, symptoms, and treatments can show inconsistencies with the prosecution’s theory, demonstrate that an injury predates the defendant’s access to the child, or highlight earlier events that explain the findings.
Can these cases be dismissed with the right medical evidence?
Yes. Many aggravated child abuse cases collapse when alternative medical explanations are uncovered. Thorough medical review has led to reduced charges, dismissed cases, and acquittals when the defense proves that injuries resulted from medical conditions rather than abuse.
How quickly should I hire an attorney in an aggravated child abuse case?
Immediately. Early intervention allows your attorney to preserve evidence, contact medical providers, consult experts, and prevent misunderstandings. The sooner you hire an attorney experienced in medical-based defenses, the stronger your chances of a favorable outcome.
| Accused of Child Abuse? Time Is Critical. Call (813) 727-7159 for a Confidential Consultation The Brancato Law Firm, P.A. 620 E. Twiggs Street, Suite 205, Tampa, FL 33602 Serving Hillsborough, Pinellas, and Pasco Counties |
| ABOUT ATTORNEY ROCKY BRANCATO With over 25 years of criminal defense experience in Tampa, attorney Rocky Brancato has developed a proven approach to child abuse defense centered on uncovering the full medical truth behind allegations. As former Chief Operations Officer of the Hillsborough County Public Defender’s Office with experience in an elite sex crimes and child abuse unit, he brings meticulous medical review and expert-driven defense to every case. When your future is at risk, you need an attorney who leaves nothing to chance. |
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