Tampa Violent Crime Attorney

When you are facing violent crime charges in Tampa or Hillsborough County, your life, freedom, and reputation are at stake. Florida prosecutors are known for their aggressive pursuit of violent crime cases, often seeking the harshest penalties, including maximum prison sentences, mandatory minimums, and permanent felony records. This is why securing a highly experienced and trial-tested Tampa violent crime attorney is crucial to protect your rights, challenge the evidence against you, and build the strongest possible defense.

At The Brancato Law Firm, P.A., we bring over 25 years of dedicated criminal defense experience to each case we handle. Tampa Attorney Rocky Brancato, author of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for that Matter, has a proven track record of successfully defending clients accused of Florida’s most serious violent crimes, such as murder, armed robbery, aggravated battery, kidnapping, and offenses involving firearms. We approach every case with the seriousness it deserves, developing personalized legal strategies aimed at achieving favorable outcomes like dismissals, acquittals, or reduced charges.

Table of Contents

Understanding Florida’s 10/20/Life Firearm Sentencing Law (F.S. 775.087)

Florida law imposes severe mandatory minimum sentences when a firearm is involved in the commission of certain felonies. The 10/20/Life statute dictates:

A mandatory 10-year prison sentence for merely possessing or displaying a firearm during the commission of a felony.
A mandatory 20-year prison sentence for discharging a firearm during the commission of a felony.
A mandatory 25-year-to-life prison sentence if the discharge of a firearm causes injury or death.

Our firm works closely with firearm experts to challenge the applicability of this law, examine ballistics evidence, test firearm operability, and thoroughly dissect the prosecution’s firearm-related arguments.

Proven Case Results in Violent Crime Defense

Our case results highlight our firm’s success, showcasing our ability to achieve favorable outcomes for clients facing violent crime charges:

Not Guilty Verdict – Second-Degree Murder (Self-Defense): Our client was acquitted after a fatal shooting involving a roommate, where we successfully argued justified use of deadly force.
Not Guilty – Armed Robbery with Firearm and Attempted Armed Robbery: We achieved a successful outcome in a high-profile robbery case by establishing a mistaken identity defense.
Not Guilty – Kidnapping and Robbery: A client in Plant City was exonerated after we exposed weaknesses in the prosecution’s evidence.
Aggravated Child Abuse Charges Dismissed: A medical expert we consulted provided crucial testimony showing the injury was due to a congenital cyst, not abuse.
Misdemeanor Verdict on Felony Gun Charges: We were able to get felony gun charges reduced to misdemeanors, allowing the client to avoid years in prison.
Cold-Case Sexual Battery Charges Dropped: A DNA expert helped exclude our client from key evidence, leading to the dismissal of charges.

(Please note: Case results depend on the unique facts of each case and do not guarantee a similar outcome in your specific situation.)

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Sentencing Enhancements and Collateral Consequences

Beyond the primary penalties, Florida’s violent crime laws include sentencing enhancements that can significantly increase potential prison time. These include provisions for gang enhancements, repeat violent offender status, and prison releasee reoffender laws.

Furthermore, violent crime convictions carry significant long-term (collateral) consequences that extend far beyond incarceration. These can include the loss of firearm rights, the inability to hold professional licenses, adverse immigration consequences, and significant barriers to employment. Our firm is dedicated to defending our clients against both the immediate charges and these lasting, hidden penalties.

Collaboration with Expert Witnesses and Private Investigators

Building a strong violent crime defense often requires the insights and expertise of specialists. We frequently collaborate with a network of trusted experts and private investigators to strengthen our cases:

Firearm Experts: Provide analysis on ballistics, firearm operability, and the application of sentencing enhancements.
Forensic Scientists: Assist with the interpretation of complex evidence such as DNA, fingerprints, and blood spatter.
Medical Experts: Offer crucial analysis and interpretation of injuries, particularly in cases involving child injury allegations.
Private Investigators: Conduct thorough witness interviews, investigate crime scenes, and gather critical information.

Witness Management and Victim Dynamics

Navigating the delicate dynamics involving witnesses and alleged victims is a critical part of violent crime defense. We have extensive experience managing situations with recanting or uncooperative alleged victims and ensuring that defense witnesses are properly prepared and their testimony preserved.

Early Intervention and Warrant Resolution

If you are currently under investigation for a violent crime or aware of an active warrant for your arrest, early legal intervention can be incredibly beneficial. We can assist with requests to withdraw the warrant, voluntary surrenders, argue for favorable bond conditions, and proactively develop defense strategies even before formal charges are filed. Taking prompt action can significantly impact the direction and outcome of your case.

Tampa Attorney Rocky Brancato, Author of How to Choose a Major Crimes Attorney

Attorney Rocky Brancato is the author of How to Choose a Major Crimes Attorney — or Any Criminal Defense Attorney for That Matter, a guidebook available for sale on Amazon. The book offers real-world advice on how to choose the right lawyer when facing serious criminal charges. As a visitor to our site, you can request a free copy at brancatolawfirm.com/tampa-criminal-defense-ebook — whether or not you decide to hire us. We believe it will offer you valuable insight from someone who knows the system inside and out.

Violent Crime Charges We Defend in Florida

Our firm provides robust defense for a wide range of violent crime charges under Florida law. Understanding the specific statutes and potential defenses is key to building an effective case.

Murder / Manslaughter (F.S. 782.04, 782.07):

These charges involve the intentional or reckless taking of a life.

Potential Defenses: Include self-defense, defense of others, challenging the element of intent, or asserting factual innocence.

Aggravated Assault (F.S. 784.021):

This is defined as a threat of violence combined with the use of a deadly weapon or with the intent to commit another felony.

Potential Defenses: May involve demonstrating the absence of a weapon, disputing intent, or proving self-defense.

Aggravated Battery (F.S. 784.045):

This occurs when a battery results in great bodily harm or involves the use of a deadly weapon.

Potential Defenses: Can include arguments of mutual combat, self-defense, or mistaken identity.

Armed Robbery (F.S. 812.13):

This involves taking property from another person by force while in possession of a weapon.

Potential Defenses: May focus on proving no weapon was involved, mistaken identity, or establishing an alibi.

Kidnapping (F.S. 787.01):

This crime involves unlawfully abducting or confining someone against their will.

Potential Defenses: Include demonstrating a lack of criminal intent, proving consent, or asserting mistaken identity.

False Imprisonment (F.S. 787.02):

This charge involves the unlawful restraint of a person.

Potential Defenses: Can include demonstrating lawful authority for the restraint or arguing a lack of criminal intent.

Domestic Violence Battery (F.S. 784.03, 741.28):

This statute addresses battery committed against a member of a household or family.

Potential Defenses: Often involve self-defense, disputing the extent of injury, or claiming a false accusation.

Felony Battery (F.S. 784.041):

This applies to battery that causes great bodily harm or is committed by someone with previous battery convictions.

Potential Defenses: May include arguing that no significant injury occurred or disputing prior conviction records.

Burglary with Battery or Assault (F.S. 810.02):

This charge involves entering a dwelling or structure with the intent to commit a crime and then committing an assault or battery within.

Potential Defenses: Can focus on disputing the intent to commit a crime upon entry or arguing consent to enter.

Arson (F.S. 806.01):

This involves the willful and malicious burning of property.

Potential Defenses: May include proving the fire was accidental or arguing a lack of criminal intent.

Illegal Use of Explosives (F.S. 790.161):

This relates to using explosives with the intent to harm or threaten.

Potential Defenses: Can involve demonstrating a lack of knowledge regarding the explosive nature or proving a lawful purpose for their use.

Child Abuse / Aggravated Child Abuse (F.S. 827.03):

These charges cover causing physical or mental harm to a child.

Potential Defenses: Often involve presenting evidence of underlying medical conditions, disputing intent, or demonstrating a false report.

Elderly or Disabled Adult Abuse (F.S. 825.102):

This statute addresses causing harm to a vulnerable adult.

Potential Defenses: May include arguing the incident was an accident or disputing criminal intent.

Aircraft Piracy (F.S. 860.16):

This crime involves the unlawful seizure of an aircraft.

Potential Defenses: Can focus on a lack of criminal intent or mistaken identity.

Sexual Battery (F.S. 794.011):

This refers to non-consensual sexual activity.

Potential Defenses: Often involve proving consent, highlighting false accusations, or challenging the sufficiency of evidence.

Terrorism (F.S. 775.30):

This involves using violence with the intent to intimidate or coerce a population or government.

Potential Defenses: May include disputing the element of intent or asserting factual innocence.

Human Trafficking (F.S. 787.06):

This crime involves exploiting individuals for labor or sex.

Potential Defenses: Can involve demonstrating a lack of knowledge of the trafficking activity or arguing coercion.

Frequently Asked Questions (FAQ) About Violent Crime Charges in Tampa

Here are answers to common questions we receive regarding violent crime charges in the Tampa area:

What should I do if I am arrested for a violent crime in Tampa?

The most important step is to remain silent and do not speak to the police without an attorney present. Contact an experienced criminal defense attorney immediately.

Can violent crime charges be dropped or reduced?

Yes, it is possible. With a strategic legal defense, charges can potentially be reduced or dismissed based on factors such as weak evidence, viable legal defenses, or successful negotiation with the prosecution.

What are the potential penalties for violent crimes in Florida?

Penalties vary widely depending on the specific charge, whether a firearm was used, the defendant’s prior criminal history, and any applicable sentencing enhancements. Penalties can range from probation to life in prison.

What if the alleged victim wants to drop the charges?

In Florida, the decision to drop charges rests solely with the prosecutor, not the alleged victim. However, the cooperation (or lack thereof) of the alleged victim can significantly influence the prosecutor’s decision and the overall direction of the case.

How soon after being accused should I hire a lawyer?

You should hire a lawyer as soon as possible. Early legal involvement allows your attorney to begin shaping the case from the outset, potentially impacting pretrial release options, ensuring critical evidence is preserved, and developing a comprehensive defense plan.

Why Choose The Brancato Law Firm, P.A. for Your Violent Crime Defense?

Choosing the right attorney for a violent crime charge is a critical decision. Rocky Brancato’s background as a former Chief Operating Officer of one of Florida’s largest defense offices provides him with top-tier trial experience and invaluable insight into the workings of the prosecution. We possess in-depth knowledge of the Tampa legal landscape, including the local prosecutors, judges, and court procedures. We fight relentlessly for the best possible outcome in your case. The Brancato Law Firm, P.A. is a trusted name in Tampa and Hillsborough County for violent crime defense.

Schedule Your Confidential Consultation Today

Facing violent crime charges is an incredibly stressful and challenging experience that threatens your freedom, your future, and your family. You do not have to face it alone.

Contact The Brancato Law Firm, P.A. today to schedule a confidential, no-obligation consultation. Call us directly at 813-727-7159 or complete our secure online contact form to take the first step in building your defense.

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Charges Dismissed, First Degree Murder

Rocky represented a grandmother on first degree murder and aggravated child abuse charges. The grandmother’s young granddaughter drowned in the bathtub and had had a lacerated liver, which the State originally asserted was caused by physical abuse by the grandmother. Rocky hired a forensic pathologist and together Rocky and the expert conducted a full review of all medical records of the child. Rocky also took depositions of the state’s medical experts. Rocky and his expert were able to show that the child died from drowning and that the lacerated liver was caused by the grandmother’s and the first responders’ attempts to revive the child with CPR. The prosecutor dismissed the murder and aggravated child abuse charges. The grandmother plead guilty to a reduced charge of child neglect and received probation, since the drowning occurred with the grandmother stepped away from the tub to prepare dinner.

Client exonerated in violent rape case

Rocky represented a military veteran in a “cold hit” sexual battery (rape) case that had occurred 8-years prior to his client’s arrest. Rocky hired a DNA expert and together Rocky and his expert conducted a full review of all DNA in the case. The expert also attended depositions of the state’s experts with Rocky. After the depositions and complete DNA review, Rocky was able to show that his client was excluded as a contributor to the DNA profile collected from the victim. The prosecutor dismissed all charges in this case. The client was exonerated of this very serious charge.

Medical investigation leads to dismissal of aggravated child abuse case

Rocky represented a father who was accused of aggravated child abuse on his young daughter, who suffered an injured pancreas. The Child Protective Team doctor testified that the injury could have only come from intentional, blunt force trauma. Rocky hired a forensic pathologist and conducted a complete review of all medical records. Rocky and the expert were able to show that the injury on the pancreas was due to a “choledochal cyst,” which the child had since birth. The prosecutor dismissed the charges completely.

Top Rated Tampa Violent Crimes Attorney