Tampa Violent Crimes Attorney | Brancato Law Firm, P.A.

Violent crime cases are often decided by evidence that disappears within days: store surveillance video, a 911 recording, a neighbor’s doorbell camera, a witness who moves away. Rocky Brancato, founder of The Brancato Law Firm, P.A., has tried more than 150 jury trials to verdict and won not guilty verdicts on armed robbery, kidnapping, and a second-degree murder charge defended on self-defense. Our attorneys at this Tampa criminal defense firm start the investigation the day we are hired, because the State’s version of events becomes the only version unless someone gathers the rest.

What Are the Violent Crime Charges and Penalties in Florida?

Florida grades violent crimes by whether a weapon was used, how badly someone was hurt, and the defendant’s record. The maximum penalties below come from § 775.082 and § 775.083. Actual sentences depend on the Criminal Punishment Code scoresheet and any mandatory minimums.

Two rules raise these levels. Under § 784.07, an assault or battery on a law enforcement officer, firefighter, emergency medical provider, or other protected worker moves up one level, and aggravated assault or aggravated battery on an officer carries a mandatory minimum of 3 or 5 years. Under § 775.087(1), a felony committed with a weapon is generally reclassified one degree higher unless the weapon is already an element of the crime. Whether an object counts as a “deadly weapon” is a question for the jury: in Dale v. State, 703 So. 2d 1045 (Fla. 1997), the Florida Supreme Court held that a BB gun is not automatically a deadly weapon, and the jury decides based on how it was used. Read more about assault charges in Florida and battery charges in Florida.

Violent crime is charged often in Tampa Bay. In 2020, law enforcement agencies in Hillsborough County reported 3,201 aggravated assaults and 650 robberies, according to the Florida Department of Law Enforcement’s Crime in Florida county report. Those are reported offenses, not convictions, and many reported cases are reduced or dismissed once the defense investigates.

How Does Florida’s 10-20-Life Law Work?

Florida’s 10-20-Life law, § 775.087(2), sets mandatory minimum prison terms when a person actually possesses or fires a firearm during certain felonies. The listed felonies include robbery, home-invasion robbery, carjacking, kidnapping, aggravated battery, burglary, sexual battery, murder, aggravated child abuse, and drug trafficking. Aggravated assault, false imprisonment, battery, and felony battery are not on the current list.

• 10 years if the person actually possessed a firearm during the felony (3 years for felon in possession or burglary of a conveyance).
• 20 years if the person discharged the firearm.
• 25 years to life if the discharge caused death or great bodily harm.
• Higher minimums of 15, 20, and 25 years to life apply to a semiautomatic firearm with a magazine holding more than 20 rounds, or a machine gun.

These sentences cannot be reduced by a withhold of adjudication, gain time, or early release, and minimums for separate qualifying offenses can run consecutively. “Possession” has a specific meaning: carrying the firearm on the person, or having it within immediate physical reach with ready access and the intent to use it. The jury, not the judge, has to find those facts. In State v. Overfelt, 457 So. 2d 1385 (Fla. 1984) and State v. Hargrove, 694 So. 2d 729 (Fla. 1997), the Florida Supreme Court held that a firearm minimum requires a specific jury finding, even when the evidence of a gun is undisputed. Our attorneys challenge whether a firearm was actually possessed, whether it was a real and operable firearm, and whether the verdict form supports the minimum. Our article on Florida’s 10-20-Life law and our Tampa gun crimes lawyer page cover firearm charges in more detail.

How Does Stand Your Ground Immunity Work in Florida?

Stand Your Ground immunity lets a judge dismiss a case before trial when the person used force in lawful self-defense. Under § 776.012, a person may use deadly force to prevent imminent death, great bodily harm, or a forcible felony and has no duty to retreat if not engaged in criminal activity and in a place where he or she has a right to be. Under § 776.013, a person in a home or occupied vehicle is presumed to have a reasonable fear when someone unlawfully and forcibly enters. Under § 776.032, a person who used justified force is immune from arrest, detention, charging, and prosecution.

The defense raises immunity with a motion to dismiss, and the judge decides the facts at a pretrial evidentiary hearing, as the Florida Supreme Court explained in Dennis v. State, 51 So. 3d 456 (Fla. 2010). Since 2017, once the defense presents a prima facie claim of self-defense, the State must overcome it by clear and convincing evidence. In Love v. State, 286 So. 3d 177 (Fla. 2019), the court held that this burden applies to every immunity hearing held after the 2017 amendment, no matter when the incident happened. If immunity is denied, self-defense remains a defense at trial, where the State must disprove it beyond a reasonable doubt. See our articles on Stand Your Ground vs. self-defense in Florida and how to claim self-defense in a Florida criminal case.

Why Do Defense Lawyers Challenge Eyewitness Identifications?

Defense lawyers challenge eyewitness identifications because a confident witness can still be wrong. The National Academy of Sciences report Identifying the Culprit: Assessing Eyewitness Identification (2014) found that memories are “forgotten, reconstructed, updated, and distorted,” and that a witness’s confidence can be powerfully swayed by what happens after the event. Our attorneys examine how the lineup or photo array was run, what the witness first told police, and what the witness could actually see. Mistaken identity has won several of our firm’s trials, including an armed robbery acquittal where the victim never mentioned the client’s distinctive arm tattoo. Read our guide on how to defend against an armed robbery charge in Florida.

What Happens After a Violent Crime Arrest in Hillsborough County?

After a violent crime arrest in Hillsborough County, the person sees a judge at first appearance within 24 hours, as required by Florida Rule of Criminal Procedure 3.130, and the judge sets bond or holds the person for a detention hearing. For serious violent felonies, prosecutors often file a motion for pretrial detention. Hillsborough County does not have a supervised release program that takes the place of a money bond, as Pinellas County does, so the bond argument has to stand on the facts and the person’s ties to the community. Supervision here, such as GPS or alcohol monitoring run by the Sheriff’s Office, is usually added on top of a bond.

1. First appearance. The judge reviews probable cause and sets release conditions. Having counsel present can change the bond.
2. Bond or detention hearing. If the State moves for detention, the defense presents evidence for release. Our guide to bond hearings in Tampa explains the process.
3. Filing decision and arraignment. The State Attorney’s Office decides what to file, which can be less than the arrest charge.
4. Discovery and depositions. The defense receives the evidence and questions the witnesses under oath.
5. Motions. Immunity, suppression, and dismissal motions can resolve the case before trial.
6. Trial or negotiated resolution. The State must prove every element beyond a reasonable doubt.

In one of our cases, a client charged with first-degree murder and armed burglary with a firearm was held without bond on a pretrial detention motion. After reviewing discovery, our firm showed there was no burglary and that the facts were consistent with self-defense, and the judge set bond at $75,000.

What Is a Prison Releasee Reoffender?

A prison releasee reoffender is a person charged with a listed violent felony within 3 years of release from a Florida prison, and the label requires the statutory maximum sentence. Under § 775.082(9), listed offenses include robbery, home-invasion robbery, carjacking, kidnapping, aggravated assault with a deadly weapon, aggravated battery, and any felony involving the use or threat of physical force. A designated reoffender must receive life for a life felony, 30 years for a first-degree felony, 15 years for a second-degree felony, or 5 years for a third-degree felony, and must serve 100 percent. The prosecutor decides whether to seek the designation, which makes early negotiation critical. Our guide to prison releasee reoffender sentencing explains the options.

Can the Alleged Victim Drop Violent Crime Charges?

No. In Florida the State Attorney’s Office decides whether to file or dismiss charges, not the alleged victim. A victim’s wishes still matter, and a sworn affidavit explaining that the person does not want prosecution can change the prosecutor’s decision. In one of our aggravated assault cases, the alleged victim’s affidavit and supporting background information led the State to decline charges and issue a letter of release 24 days after the arrest. Our victim’s guide to dropping domestic violence charges in Florida explains how this works when the parties know each other.

Results in Violent Crime Cases

These are results our firm has obtained. Every case is different, and past results do not guarantee future outcomes.

• Not guilty, second-degree murder. A roommate shooting tried to verdict on self-defense.
• Aggravated assault with a deadly weapon dismissed. Body camera showed the deputies doubted the accuser, and a deposition and a memo to the prosecutor ended the case.
• Life felony reduced to time served. Body camera showed the client broke up the fight. Burglary with battery was reduced to misdemeanor trespass.
• Robbery with a firearm reduced. Depositions and mitigation showed a lesser role. The charges became grand theft and misdemeanor battery, with no felony conviction.
• Aggravated assault diverted. A Stand Your Ground motion and the firm’s mitigation report led to Pretrial Intervention for a military veteran.
• Not guilty, armed robbery with a firearm (two counts). A mistaken identity defense built on our own investigation of the scene and the evidence.
• Not guilty, kidnapping and robbery. A mistaken identity defense at trial in Plant City.
• Kidnapping and gang beating reduced to misdemeanors. Holding the State to speedy trial produced a misdemeanor battery plea and probation.

See more on our case results page.

What Should You Do If You Are Charged With a Violent Crime?

1. Do not explain your side to police, even if you acted in self-defense. Ask for a lawyer.
2. Write down every witness, camera, and phone that may have recorded the incident.
3. Do not contact the alleged victim or witnesses, and follow any no-contact order.
4. Keep photos of your own injuries and get medical treatment documented.
5. Call our firm so we can send preservation requests for video before it is overwritten.

Related Violent Crime Articles

• The Florida criminal case process, stage by stage
• What Is Robbery in Florida?
• What Is the Difference Between Kidnapping and False Imprisonment in Florida?
• How to Fight a Hate Crime Enhancement in Florida
• Is Elder Abuse a Felony in Florida?
• Florida Supreme Court: PTSD Relevant in Self-Defense
• When Can You Use Force in Self-Defense in Florida?
• Teen Takeover Arrests in Tampa Bay
• Bar-fight battery charges against college students in Tampa
• How Do You Prove an Alibi Defense in Florida?
• Can Cell Phone Location Evidence Prove Your Alibi?
• How to Fight a Domestic Violence Battery Charge in Florida
• How to Fight a Burglary Charge in Florida
• Is a Porch a Dwelling Under Florida Burglary Law?
• What Is High-Stakes Criminal Defense in Tampa?
• Is Arson a Felony in Florida, and What Are the Penalties?
• Is Criminal Mischief a Felony in Florida?
• Is Breaking Into a Vending Machine or Parking Meter a Felony in Florida?

Violent Crime Defense FAQs

Talk to a Tampa Violent Crimes Attorney Today

Video gets overwritten and witnesses scatter within days of a violent crime arrest, so the first call matters. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can begin preserving evidence and preparing for first appearance today. Call (813) 727-7159 for a confidential consultation. Our firm also defends domestic violence charges and homicide cases across Hillsborough, Pinellas, and Pasco Counties.

Trial attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, and our office has Spanish-speaking staff, so you and your family can understand every step of the case in your own language. Learn how we help Spanish-speaking and Haitian Creole-speaking clients in Tampa.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.