Tampa Homicide Attorney

The detective just told your family that you are a person of interest in a death investigation. Or worse, you have already been arrested. First-degree murder in Florida carries life imprisonment without parole or the death penalty. Moreover, there are no second chances once a jury returns a guilty verdict.

This is not the time for a general practitioner who occasionally handles criminal cases. Homicide defense requires an attorney who has tried murder cases to verdict. Consequently, you need someone who understands forensic evidence and is death-qualified to handle capital litigation.

I am Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing the most serious charges in Florida. This includes first-degree murder, felony murder, and DUI manslaughter. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I led a major crimes division handling capital cases. I am death-qualified. This means I am certified to handle cases where the State seeks the death penalty. Even when your case is not capital, this credential means your defense is built to the highest standard in Florida criminal law.

If you are charged with a homicide crime, my firm, The Brancato Law Firm, P.A. is uniquely equipped to help.

Florida Homicide Charges: Intent and Penalties

Florida law distinguishes between different types of killings based on intent and circumstances. The following table outlines the charges and potential penalties you may face:

What “Death-Qualified” Means for Your Defense

I am one of the few Tampa Bay criminal defense attorneys who is death-qualified. This means I am certified to handle capital cases where the State seeks the death penalty. This distinction reflects years of advanced training and proven success under the highest legal stakes.

Being death-qualified means understanding mitigation. Mitigation is the process of uncovering every human, psychological, and environmental factor that influences a jury. It affects how they perceive culpability and punishment. Even when your case is not capital, this depth of insight can mean the difference between decades in prison and a second chance at life.

Before hiring any Tampa homicide attorney, ask: Are you death-qualified? It can make all the difference when your life is on the line.

Representative Results in Tampa Bay

I have a history of fighting for clients in complex homicide cases. While past results do not guarantee future outcomes, they demonstrate my approach to these high-stakes defenses.

• Murder Charges DROPPED: A grandmother was accused of murder and child abuse. Our medical review proved the injuries resulted from lifesaving CPR, not abuse.
• NOT GUILTY (Second Degree Murder): A roommate shooting incident. Forensic analysis and strategic cross-examination established it was self-defense.
• Death Penalty WITHDRAWN: A First Degree Murder capital case. Our Daubert motion exposed critical flaws in the DNA evidence collection and storage.
• Reduced to Manslaughter: Originally charged as Second Degree Murder. We proved imperfect self-defense and lack of depraved intent, avoiding a life sentence.
• Probation Only (Vehicular Homicide): Independent accident reconstruction showed insufficient evidence of recklessness.

Early Intervention in Homicide Investigations

Timing is critical. If you are under investigation but have not been arrested, engaging a Tampa homicide attorney immediately can impact the outcome.

I can intervene before formal charges by:

• Contacting detectives to understand the investigation’s direction.
• Gathering crucial evidence before it disappears.
• Presenting your side directly to the State Attorney’s office.
• Potentially preventing arrest altogether.

Swift action before charges are filed can sometimes mean the difference between an arrest and walking away without charges.

Self-Defense and Stand Your Ground

Florida law recognizes circumstances where a killing may be legally justified.

Justifiable Homicide

Using deadly force to prevent imminent death or great bodily harm is justified. This also applies to stopping a violent felony or an unlawful entry into your home.

Stand Your Ground

Florida law allows individuals to use deadly force without a duty to retreat. This applies if you are in a place where you have a right to be. I proactively pursue Stand Your Ground immunity hearings. A successful immunity claim results in case dismissal before trial.

Felony Murder: Charged Without Pulling the Trigger

Under Florida’s felony murder rule, you can be charged with murder even if you didn’t directly cause the death. If a death occurs during the commission of certain felonies (like robbery or burglary), all participants can face murder charges.

Prosecutors frequently overuse felony murder charges. I aggressively challenge the underlying felony itself. We also attack the causation between the felony and the death, as well as the foreseeability of the outcome.

DUI Manslaughter and Vehicular Homicide

Fatal traffic accidents can result in severe criminal charges.

• DUI Manslaughter: Causing death while driving under the influence carries mandatory prison time.
• Vehicular Homicide: Causing death through reckless driving carries up to 15 years.
• Leaving the Scene: Failing to stop at a fatal accident is a first-degree felony carrying up to 30 years.

Not every fatal crash is a crime. I work with accident reconstructionists and toxicologists. We challenge the State’s evidence to present a complete picture of the events.

Frequently Asked Questions About Homicide Charges

Can I be charged with murder if I didn’t kill anyone?

Yes. Under Florida’s felony murder rule, you can be charged with murder if a death occurs during a felony you were involved in. This applies even if you did not personally cause the death.

What is the difference between murder and manslaughter?

Murder involves an intent to kill or a “depraved indifference” to human life. Manslaughter typically involves a killing due to negligence or in the “heat of passion.” The distinction is critical because murder can carry a life sentence, while manslaughter carries 15-30 years.

What if I acted in self-defense?

Florida’s Stand Your Ground law may provide immunity. If applicable, you may be entitled to a pre-trial immunity hearing. This can result in dismissal before trial. If immunity doesn’t apply, self-defense remains a complete defense at trial.

Should I talk to police?

No. Do not speak to law enforcement without legal representation. Anything you say can be used against you. Contact a Tampa homicide attorney immediately before any police interview.

Homicide Defense Throughout Tampa Bay

I represent clients facing homicide charges in state courtrooms throughout the region:

• Hillsborough County: Tampa, Brandon, Plant City.
• Pinellas County: St. Petersburg, Clearwater, Largo.
• Pasco County: New Port Richey, Dade City, Wesley Chapel.
• Polk County: Lakeland, Bartow.

Related Articles

• First Degree Murder Attorney in Tampa
• Self Defense and Stand Your Ground Guide
• Florida Supreme Court: PTSD Can be Relevant in Self Defense If Argued Correctly
• Florida Court Grants Immunity in Stand Your Ground Case
• Why a Death Qualified Attorney Matters
• Florida Appeals Court Reverses Murder Conviction – Why Vetting Your Homicide Attorney is Crucial
• Murder Conviction Reversed Where Police Ignored Miranda Rights

Your Life Is on the Line—Act Now

The decisions made in the first hours and days of a homicide case often determine the outcome. Do not speak to law enforcement without us.

I offer confidential consultations to people facing homicide charges and their families. I will evaluate the evidence and outline a strategy for protecting your freedom.

Call (813) 727-7159 Immediately

The Brancato Law Firm, P.A.

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