Top-Rated Tampa Homicide Attorney

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Fierce Homicide Defense for Hillsborough, Pinellas, and Polk County Charges

Facing a homicide charge in the Tampa Bay area is an urgent and critical situation. Your freedom and future are on the line, not just in Tampa, but across Hillsborough, Pinellas, and Polk Counties. Whether you are currently under investigation or have already been arrested in any of these areas, securing representation from an experienced and serious Tampa homicide attorney immediately is paramount to protecting your rights.

At The Brancato Law Firm, P.A., we are dedicated to defending individuals accused of the most serious crimes in Florida. With over 25 years of focused criminal trial experience, including a background in death penalty and major crimes litigation, attorney Rocky Brancato, author of How to Choose a Major Crimes Attorney – or any Criminal Defense Attorney for That Matter, possesses the in-depth knowledge and strategic approach necessary to build a robust defense from day one for cases originating in Hillsborough, Pinellas, and Polk Counties.

We represent clients facing homicide charges across the Tampa Bay region, including the cities of Tampa, Brandon, and Plant City in Hillsborough County; St. Petersburg and Clearwater in Pinellas County; and Lakeland and Bartow in Polk County, as well as Dade City and New Port Richey.

Why Choose The Brancato Law Firm as Your Tampa Bay Homicide Defense Lawyer?

When your life and liberty are at stake in Hillsborough, Pinellas, or Polk County, the experience and approach of your legal counsel make all the difference. Here’s why The Brancato Law Firm stands apart for homicide defense in Tampa and surrounding counties:

Decades of Dedicated Criminal Trial Experience: Benefit from more than 25 years spent in courtrooms throughout Hillsborough, Pinellas, and Polk Counties, specifically handling complex criminal cases, including murder defense in Tampa.
Proven Background in Serious Felony & Death Penalty Cases: Our experience includes significant litigation in the most high-stakes homicide cases across the Tampa Bay area.
Strategic and Personalized Defense: We develop a tailored defense strategy for your unique circumstances from the moment you engage our firm, regardless of the specific county your charges originated in.
Insight from Leadership Experience: Drawing on experience as the former second in command at a major Tampa Bay area criminal defense firm.
Collaboration with Leading Experts: We work closely with a network of trusted expert witnesses and private investigators to build the strongest possible case for your defense in Hillsborough, Pinellas, or Polk County.

Early Intervention: A Critical Step in Homicide Investigations Across Tampa Bay

Timing is often critical in homicide investigations throughout Hillsborough, Pinellas, and Polk Counties. Engaging a skilled Tampa homicide attorney early can significantly impact the outcome.

Taking swift action before formal charges are filed can sometimes mean the difference between an arrest and walking away without charges. Our firm can intervene early in investigations in Tampa, St. Petersburg, Lakeland, and other surrounding areas by contacting detectives, gathering crucial evidence, and presenting your side of the story directly to the State Attorney’s office in the relevant circuit (covering Hillsborough, Pinellas, and Polk Counties). This proactive approach can be instrumental in shaping the direction of the investigation.

Understanding Florida Homicide Laws

Florida law distinguishes between different types of killings. Not every death constitutes a criminal act. Understanding these distinctions is crucial to building a strong defense against Florida homicide charges in any county.

Our firm defends clients in Hillsborough, Pinellas, and Polk Counties against various homicide classifications, including:

First Degree Murder
Second Degree Murder
Felony Murder
Manslaughter
Justifiable Homicide
Excusable Homicide

The Importance of an Experienced Homicide Defense Lawyer in Tampa Bay

Defending against a homicide charge in Hillsborough, Pinellas, or Polk County is not the time for inexperience. Your attorney must be fully prepared to take your case to trial from the outset. It is a dangerous gamble to hire a lawyer who claims to practice criminal defense but lacks actual trial experience in homicide cases in Florida.

Before hiring a homicide defense lawyer in the Tampa Bay area, ask critical questions such as:

Have you taken a homicide case to trial before a jury in Hillsborough, Pinellas, or Polk County?
How many homicide cases have you seen through to a verdict in the Tampa Bay area?
What were the outcomes of those cases?
What is your approach to preparing a homicide case from the initial stages?

At The Brancato Law Firm, we encourage these questions. Our extensive experience in high-stakes litigation across Tampa Bay is genuine and our track record demonstrates our commitment to investing the necessary time and resources to defend against the most serious charges in Florida.

Read This Book before Selecting a Homicide Attorney – You Will Not Regret It!

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.

Justifiable and Excusable Homicide in Florida

Florida law recognizes circumstances where a killing may be considered legally permissible or excused. Understanding these nuances is vital for your defense in Hillsborough, Pinellas, or Polk County.

Justifiable Homicide (Florida Statute 782.02): This typically involves the use of deadly force to prevent imminent death or great bodily harm, or to stop the commission of a violent felony or the unlawful, forceful entry into a dwelling. These principles apply to homicide cases throughout Florida, including those in Tampa, St. Petersburg, and Lakeland.
Excusable Homicide (Florida Statute 782.03): A killing may be excused if it occurs by accident while doing a lawful act with lawful intent, in the heat of passion provoked by a sudden and sufficient-to-enrage event, or during a sudden combat without the use of a dangerous weapon and without any dangerous intent. This defense can be critical in manslaughter cases in Florida.

Florida’s Stand Your Ground Law and Pre-Trial Immunity

Florida’s Stand Your Ground law allows individuals to use deadly force in lawful self-defense without a duty to retreat, provided they are in a place where they have a right to be and reasonably believe such force is necessary to prevent death or great bodily harm. We proactively pursue Stand Your Ground immunity hearings early in the process for eligible cases in Hillsborough, Pinellas, and Polk Counties. A successful immunity claim can result in the dismissal of your case before ever reaching trial.

Understanding Felony Murder Charges in Florida

Under Florida’s felony murder rule, you can be charged with murder even if you did not directly cause the death. If a death occurs during the commission of certain felonies (such as robbery, burglary, or specific drug offenses), all individuals involved in the felony can potentially face a murder charge in Florida, regardless of their direct involvement in the killing.

These charges are frequently overused by the prosecution in Hillsborough, Pinellas, and Polk Counties. We aggressively challenge the underlying felony, the causation of the death, and the foreseeability of the tragic outcome in felony murder cases in Tampa Bay.

Challenging the Evidence: Exposing Flaws in the State’s Case

A significant part of a strong homicide defense in Hillsborough, Pinellas, or Polk County involves meticulously examining and challenging the evidence presented by the prosecution. We aggressively scrutinize evidence in homicide cases in Tampa Bay from law enforcement and forensic labs serving these counties.

The Role of Trusted Expert Witnesses in Florida Homicide Cases

Expert witnesses are invaluable in complex homicide cases across Florida. We regularly work with highly qualified professionals to provide expert analysis and testimony for cases in Hillsborough, Pinellas, and Polk Counties.

Mental Health Defenses and Mitigation Strategies

Mental health conditions can significantly impact a person’s state of mind, intent, and behavior at the time of an alleged offense. We utilize comprehensive mental health evaluations and expert testimony to build defenses that may lead to reduced charges, lesser sentences, or even outright acquittals in homicide cases in the Tampa Bay area.

Defending Juveniles Accused of Homicide in Tampa Bay

When a minor faces homicide charges in Hillsborough, Pinellas, or Polk County, the stakes are incredibly high. We have experience representing juveniles in these grave situations and work to prevent transfer to adult court in these jurisdictions whenever possible.

Types of Homicide Charges We Defend in Hillsborough, Pinellas, and Polk Counties

Our firm provides experienced defense against a comprehensive range of homicide charges in Florida state courts within Hillsborough, Pinellas, and Polk Counties, including:

First Degree Premeditated Murder
First Degree Felony Murder
Felony Murder by Drug Distribution
Second Degree Murder
Second Degree Felony Murder
Third Degree Felony Murder
Voluntary Manslaughter
Involuntary Manslaughter (Culpable Negligence)
Aggravated Manslaughter of a Child
Aggravated Manslaughter of an Elderly Person or Disabled Adult
Aggravated Manslaughter of a Law Enforcement Officer

Homicide Charges at a Glance: Intent, Penalties, and Defenses in Florida

Understanding the nuances of different homicide charges is essential for those facing accusations in Hillsborough, Pinellas, or Polk County.

Charge	Intent Required	Maximum Penalty	Common Defenses
First Degree Murder	Premeditation	Life Imprisonment or Death Penalty	Alibi, Mistaken Identity, Mental Health, Self-Defense
Felony Murder (First)	None required; death during specific felony	Life Imprisonment or Death Penalty	Challenge Predicate Felony, Causation, Foreseeability
Second Degree Murder	Acted with a Depraved Mind (Reckless Indifference)	Life Imprisonment	Lack of Malice, Provocation, Self-Defense, Accident
Felony Murder (Third)	None required; death during non-violent felony	15 Years in Prison	Challenge Felony Basis, Lack of Direct Causation
Manslaughter	Culpable Negligence or Heat of Passion	15 to 30 Years (Aggravated)	Accident, Lack of Recklessness, Lack of Intent
Aggravated Manslaughter	Negligence leading to death of protected class	30 Years in Prison	Alternate Cause of Death, Lack of Knowledge/Awareness

Traffic Homicide Charges in Florida

Fatal traffic accidents can result in severe criminal charges in Florida, particularly when factors like impairment (alcohol or drugs) or reckless driving are involved. These cases often require complex accident reconstruction, toxicology analysis, and expert testimony in Hillsborough, Pinellas, and Polk Counties.

At The Brancato Law Firm, we defend clients facing traffic homicide charges in Tampa Bay, including:

DUI Manslaughter (Florida Statute 316.193): Causing the death of another while driving under the influence.
Vehicular Homicide (Florida Statute 782.071): Causing the death of another through reckless driving.
Leaving the Scene of an Accident Involving Death (Florida Statute 316.027): Failing to stop and render aid at an accident resulting in death.
Reckless Driving Causing Death: A lesser charge than vehicular homicide but still carrying significant penalties.

We understand how quickly a tragic accident can lead to a life-altering criminal prosecution in Hillsborough, Pinellas, or Polk County. Our firm works diligently with accident reconstructionists and toxicologists to challenge the State’s evidence and present a complete and accurate picture of the events in DUI Manslaughter cases in Tampa Bay.

Vehicular Homicide vs. DUI Manslaughter in Tampa Bay

While both involve traffic fatalities, the key distinction lies in the cause. Vehicular homicide is based on reckless driving that causes death, whereas DUI Manslaughter requires proof that the driver was impaired by alcohol or drugs at the time of the fatal crash. Both charges carry severe penalties, including mandatory prison sentences and lengthy driver’s license revocations in Florida. However, it is crucial to remember that not every fatal crash is a crime, and a thorough investigation into all contributing factors is essential for cases in Hillsborough, Pinellas, and Polk Counties.

Leaving the Scene of a Fatal Crash in Hillsborough, Pinellas, or Polk County

Leaving the scene of an accident where a death has occurred is a serious first-degree felony in Florida, punishable by up to 30 years in prison. Even if the driver was not at fault for the underlying accident, the failure to stop and render aid can lead to devastating legal consequences. We provide defense for clients in the Tampa Bay area who may have fled the scene due to fear, panic, or confusion, rather than criminal intent to evade responsibility for a crime.

Our Homicide Case Results in Tampa Bay

Our track record demonstrates our ability to achieve favorable outcomes in complex homicide cases throughout Hillsborough, Pinellas, and Polk Counties. While every case is unique, here are a few examples of our past results:

Not Guilty Verdict in Second Degree Murder Trial:

Successfully defended a client in a Tampa roommate shooting case based on self-defense.

Death Penalty Dropped in First Degree Murder Case:

Through expert forensic review and rigorous cross-examination, we exposed fatal flaws in the prosecution’s case in a Tampa Bay area case, leading to the death penalty being dropped.

Murder and Aggravated Child Abuse Charges Reduced:

Achieved a reduction in charges for a grandmother after medical records proved injuries were from necessary CPR, not abuse, in a case within our service area.

DUI Manslaughter Charge Reduced to Reckless Driving:

Secured probation for a client after our independent investigation and expert toxicology report undermined the State’s theory in a Tampa Bay traffic homicide case.

Please note: Case results are dependent on the unique facts and circumstances of each case and do not guarantee a similar outcome in your case.

Frequently Asked Questions About Homicide Cases in Tampa Bay

Here are answers to some common questions regarding homicide charges in Hillsborough, Pinellas, and Polk Counties:

Can I be charged with murder if I didn’t directly cause the death in Florida?

Yes, under Florida’s felony murder rule, you can be charged with murder if a death occurs during the commission of certain felonies in which you were involved.

What is the difference between murder and manslaughter in Florida?

Generally, murder involves intent to kill or a depraved indifference to human life. Manslaughter typically involves a killing that occurs due to culpable negligence or in the heat of passion, without the intent to kill. This distinction is key in Florida homicide law.

What if I acted in self-defense in Tampa Bay?

Florida law provides for self-defense, including the Stand Your Ground doctrine. If applicable to your case in Hillsborough, Pinellas, or Polk County, you may be eligible for immunity from prosecution. If not, we will build a comprehensive self-defense strategy for trial.

Can a killing be legally excused in Florida?

Yes, Florida law defines specific circumstances under which a homicide may be considered excusable, such as accidental killings during lawful acts or those occurring in the heat of passion during a sudden fight without a deadly weapon.

Potential Penalties for Homicide Charges in Florida

The penalties for homicide convictions in Florida are severe and vary significantly depending on the specific charge and the county where the crime occurred:

First Degree Murder: Life imprisonment without the possibility of parole or the death penalty.
Felony Murder: Life imprisonment or the death penalty, depending on the underlying felony and circumstances.
Second Degree Murder: Up to life in prison.
Manslaughter: Up to 15 years in prison for standard manslaughter, and up to 30 years if aggravated circumstances apply (e.g., aggravated manslaughter of a child).

Where We Defend Homicide Cases: Serving Hillsborough, Pinellas, and Polk Counties

The Brancato Law Firm, P.A. represents clients facing homicide charges in state courtrooms throughout the Tampa Bay area and surrounding counties, with a strong focus on:

Hillsborough County: Tampa, Brandon, Plant City
Pinellas County: St. Petersburg, Clearwater
Polk County: Lakeland, Bartow
Dade City (Pasco County)
New Port Richey (Pasco County)

Schedule a Confidential Consultation Today with a Tampa Bay Homicide Attorney

If you are under investigation for or have been arrested for a homicide offense in Hillsborough, Pinellas, or Polk County, do not speak to law enforcement without legal representation. Anything you say can be used against you in court.

Contact The Brancato Law Firm, P.A. immediately to protect your rights and begin building your defense with an experienced Tampa homicide attorney.

Call us today at 813-592-8981

Visit our office at 1600 E 8th Ave Suite A200, Tampa, FL 33605

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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.