Attorney for Risk Assessment in Sexual Offense Cases in Tampa

When facing allegations of sexual offenses in Tampa, Florida, the stakes are incredibly high, and the consequences can be life-altering. Whether you’re charged with a lower- or mid-level sexual offense, a thorough risk assessment can be an essential tool in shaping the outcome of your case. As a seasoned Tampa attorney with over 25 years of experience defending clients accused of sex crimes, Rocky Brancato understands the importance of leveraging risk assessments strategically to help clients in Tampa, Hillsborough County, and throughout the Tampa Bay area navigate these serious charges.

Having served many years in an elite sex crimes unit, Attorney Brancato is uniquely equipped to represent individuals accused of sex crimes and child abuse charges. His expertise extends beyond typical criminal defense strategies and into the realm of utilizing expert evaluations to influence case outcomes. This is where risk assessments come in – an often-overlooked but invaluable asset in defending clients.

What is a Risk Assessment?

A risk assessment is a structured evaluation conducted by forensic psychologists or other qualified professionals to determine the likelihood of an individual reoffending. This evaluation goes beyond the specific charges in question, providing the court with critical insights into the defendant’s risk profile. A skilled Tampa attorney like Rocky Brancato can utilize the results of a risk assessment to negotiate reduced charges, seek alternative sentencing, or secure more lenient plea deals for clients. Have a risk assessment showing a low risk to reoffend may be the extra push needed to get the prosecutor to agree to a favorable resolution.

In cases involving sexual offenses, a favorable risk assessment can make a significant difference in the outcome, especially in scenarios where the evidence may be strong and a trial is not likely to end in acquittal. With the right strategy, a risk assessment could be used to mitigate the potential consequences.

The Components of a Risk Assessment

Risk assessments are comprehensive and take several factors into account when determining the defendant’s risk of reoffending. These assessments are grounded in validated actuarial tools, clinical interviews, and a careful review of the details surrounding the case. The evaluation includes:

• Validated Actuarial Tools: Scientifically developed tests that use statistical data to predict recidivism (reoffending) rates.
• Clinical Interviews: In-depth conversations with the accused to better understand their personal history, psychological state, and attitudes toward offending.
• Case Review: A detailed examination of the alleged offense, any past criminal history, and other mitigating circumstances that may affect the defendant’s behavior or intentions.

Key Variables Considered in a Risk Assessment

Risk assessments take into account numerous factors, both static (unchangeable) and dynamic (changeable), that provide a fuller picture of the defendant’s overall risk. These factors include:

1. Criminal History: Whether the defendant has prior convictions for sex crimes, non-contact sexual offenses (child pornography or indecent exposure, for example), or a pattern of concerning behavior.
2. Nature of the Alleged Offense: Assessing whether force, coercion, or premeditation was involved.
3. Age: Generally, older defendants have a lower risk of reoffending.
4. Psychological Profile: Evaluating emotional stability, impulse control, and any underlying psychological disorders such as psychopathy.
5. Prior Intimate Partners: A defendant who has lived with a lover for at least two years will have a lower risk of reoffending than one who has not.
6. Nature of the victim: Defendants accused of sex crimes on unknown victims generally pose a greater risk than defendants accused of sex crimes on younger offenders. Defendants who have male victims generally have a greater risk to reoffend.
7. Substance Abuse History: Considering whether alcohol or drugs played a role in the alleged offense and whether the defendant has an ongoing addiction.
8. Support System and Rehabilitation Potential: The availability of family support, stable employment, and willingness to engage in treatment.
9. Static vs. Dynamic Risk Factors: Static factors (such as criminal history) versus dynamic factors (such as willingness to undergo treatment) help provide a more comprehensive long-term risk assessment.

Risk assessors will not just take your word for these factors. They will collect collateral evidence and verify, as their integrity is at stake in performing these evaluations. In fact, some risk assessors also integrate a sex offender polygraph for an extra level of data.

How Risk Assessments Can Benefit Your Defense

In the hands of an experienced attorney like Rocky Brancato, risk assessments can be a game-changer. These evaluations can impact various aspects of your defense strategy, including:

1. Influencing Plea Negotiations

If a risk assessment concludes that a defendant poses a low risk of reoffending, your attorney can use this information to argue for reduced charges or a more favorable plea deal. Prosecutors may be more inclined to offer probation, diversion programs, or other alternatives to incarceration.

2. Impacting Sentencing Decisions

Judges in Florida often rely on risk assessments when determining the appropriate sentence for a convicted defendant. A positive evaluation can strengthen arguments for non-incarceration alternatives such as treatment programs, rehabilitation, or probation, rather than prison time.

3. Avoiding or Mitigating Harsh Consequences

In cases where the charges could lead to mandatory sex offender registration, a low-risk assessment can be an essential part of a defense strategy. By demonstrating that the defendant is unlikely to reoffend, your attorney may successfully argue for a non-registerable offense, thus protecting your future.

Why You Need an Experienced Tampa Attorney

Not all attorneys understand the strategic use of risk assessments in sexual offense cases. Rocky Brancato’s extensive background and experience in handling sex crime defense cases give him a unique edge when it comes to using these assessments effectively. He works with highly qualified forensic experts to ensure the assessments are properly conducted and interpreted, then uses them strategically at the right moments in the legal process.

If you or someone you know is facing sexual offense charges in Tampa or the surrounding Tampa Bay area, contact Rocky Brancato at The Brancato Law Firm, P.A. His experience in sex crimes defense, combined with his deep understanding of risk assessments, can significantly increase the chances of securing a more favorable outcome, whether through reduced charges, alternative sentencing, or even case dismissal.

For a consultation with a trusted and experienced Tampa attorney, call The Brancato Law Firm at 813-592-8981. Let Rocky Brancato put his expertise to work for you and put Rocky in your corner.

📍 Serving: Tampa, Hillsborough County, Pinellas County, Pasco County, and all of Tampa Bay.