Tampa Child Abuse Attorney

Your child fell at the playground. Naturally, you rushed to the emergency room. However, instead of medical care, you are now facing questions from a detective and a DCF caseworker. The Child Protection Team (CPT) doctor has already written “suspected abuse” in the chart. Crucially, they did this before anyone asked you what actually happened.

This is how investigations begin. They do not start with evidence; they start with suspicion. Consequently, that suspicion snowballs into criminal charges before you have a chance to defend yourself. You need a Tampa child abuse attorney who understands the medical and legal complexities of these cases immediately.

I am Tampa Attorney Rocky Brancato. For over 25 years, I have defended parents and caregivers in Tampa. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I mentored hundreds of attorneys on tens of thousands of cases. Prior to that, I worked in an elite unit handling child abuse, sex crimes and homicide cases. I know how the Child Protection Team operates. More importantly, I know how to challenge medical opinions that lack scientific validity.

If you are facing Child Abuse or Child Neglect charges in the Tampa Bay area, my firm, The Brancato Law Firm, P.A., can help.

Florida Child Abuse Charges: What You Are Facing

The penalties for child abuse in Florida are severe. Therefore, understanding the specific charges against you is critical.

Two Simultaneous Legal Battles

A child abuse allegation in Florida triggers two separate proceedings.

• Dependency Court: A civil process determining whether the state will remove your child from your custody.
• Criminal Court: A criminal process where your freedom is at stake.

I handle criminal defense. Although I do not represent clients in dependency court, I protect your criminal exposure during DCF investigations. Specifically, I ensure that prosecutors do not use your statements in the dependency process against you in criminal court.

Common Sources of False Allegations

False accusations arise from many sources. Therefore, identifying the source is often the first step in your defense.

Confirmation Bias: How Innocent Parents Become Suspects

When a child arrives at a Tampa emergency room with unexplained symptoms, investigators often assume abuse occurred. Then, they work backward to prove it. This is called confirmation bias. Essentially, they favor information that confirms their suspicion while ignoring alternatives.

The process typically unfolds like this:

1. The CPT doctor suspects abuse based on the initial presentation.
2. Consequently, other hospital staff defer to that assessment.
3. Investigators view the case solely through the lens of abuse.
4. Finally, the investigation targets whoever was with the child.

As your Tampa child abuse attorney, I challenge this process. I demand the complete medical history. Furthermore, I retain independent medical experts to expose assumptions that lack scientific foundation.

Medical Conditions Mistaken for Abuse

Many legitimate medical conditions produce symptoms that resemble abuse. Unfortunately, overworked doctors often miss these underlying issues.

• Osteogenesis Imperfecta: Brittle bone disease can cause unexplained fractures.
• Choledochal Cysts: These can mimic blunt force trauma to the pancreas or liver.
• Ehlers-Danlos Syndrome: This condition causes easy bruising.
• Bleeding Disorders: Hemophilia can lead to unexplained bruising.
• Birth Trauma: Injuries from delivery are sometimes misattributed to later abuse.

I work with forensic pathologists and geneticists. In fact, identifying these alternative explanations has resulted in the complete dismissal of charges in multiple cases.

Representative Results in Tampa

I have a history of fighting false allegations. While past results do not guarantee future outcomes, they show my commitment to uncovering the truth.

• Charges Dismissed (Aggravated Abuse): The State alleged trauma to the pancreas. However, our forensic pathologist proved a congenital choledochal cyst caused the injury.
• Murder Charges Dropped: A grandmother faced accusations of abuse. Ultimately, an expert proved the liver injury occurred during lifesaving CPR.
• Reduced to Misdemeanor: The State alleged infant injury. Fortunately, medical records proved the client had a Toxoplasmosis infection that impaired cognitive function.
• Case Dismissed (Diversion): A client faced neglect charges for THC ingestion. Successful completion of a diversion program led to dismissal.

Parental Privilege and Exceptions

Florida law recognizes that parents may use reasonable corporal punishment as discipline. Under Raford v. State, this constitutes an affirmative defense. However, “reasonable” force must not cause significant injury. This is a legal gray area that requires skilled counsel.

Crucially, most legal privileges do not apply in child abuse cases under Florida Statute §39.204.

• Spousal privilege does not apply.
• Doctor-patient privilege does not apply.
• Therapist-patient privilege does not apply.

However, the attorney-client privilege remains intact. This is why you must speak only with a Tampa child abuse attorney before discussing your situation with anyone else.

Frequently Asked Questions About Child Abuse

What should I do if DCF contacts me?

Do not speak to investigators, DCF, or medical staff about the allegations without an attorney. Even innocent explanations can be used against you. Contact us immediately.

Can I lose custody and go to jail?

Yes. You face two separate battles. The criminal court can send you to prison, while the dependency court can remove your children. You need legal protection for both risks.

Can doctors mistake medical conditions for abuse?

Absolutely. Conditions like brittle bone disease or metabolic disorders often look like abuse to untrained eyes. Therefore, we work with independent experts to prove the true cause of the symptoms.

What is the Child Protection Team (CPT)?

The CPT conducts medical evaluations when abuse is suspected. Often, they operate out of Mary Lee’s House in Tampa. However, their conclusions are not always correct. I scrutinize their reports for confirmation bias and flawed methodology.

Related Articles

• Medical Opinion in Tampa Child Abuse Cases
• Is Spanking Legal in Florida: The Parental Privilege
• Privileged Communications in Florida Child Abuse Cases
• Florida Clergy Privilege
• Attorney for Child Neglect in Tampa Florida
• Tampa Aggravated Child Abuse Attorney: Why Medical Record Review Can Make the Difference
• The Critical Role of the Forensic Examiner

Your Family’s Future Is at Stake

If you are facing a child abuse investigation in Tampa, time is critical. The sooner you secure experienced legal representation, the stronger your position becomes. I can intervene before charges are filed.

I offer confidential consultations to parents and caregivers. During our meeting, I will evaluate the investigation and outline a strategy to protect your freedom.

Call (813) 727-7159 Immediately

The Brancato Law Firm, P.A.

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