Case Results
The outcomes mentioned here do not reflect the results Rocky Brancato has achieved in every case he has handled. Success in criminal cases can depend on various factors, such as the skill and expertise of the attorneys on both sides, the specifics of the case, and the financial resources available to hire expert witnesses when necessary.
Charges Dismissed, possession of cocaine and firearm
The Brancato Law Firm, P.A. received an early morning call on our 24/7 line from the family of a client who had been arrested the previous evening for possession of cocaine and possession of a firearm during the commission of a felony. Attorney Rocky Brancato attended the First Appearance Court, arguing that his client’s actions did not align with the intent of the firearm statute. The judge agreed and set low bonds. Rocky immediately began working with the intake prosecutor, who decided not to file either charge within a few days of the client’s arrest. Thanks to the swift action of his family in hiring the Brancato Law Firm, P.A., this was the client’s first arrest, and his record remains clean.
Murder not guilty verdict, second degree
Rocky represented a man who shot and killed his roommate. The case went to trial on a defense of justifiable use of deadly force (self-defense).The jury found Rocky’s client Not Guilty.
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.
Not Guilty Verdict, Kidnapping
Rocky represented a man accused of kidnapping and robbing a woman. At trial, Rocky presented a mistaken identity defense at trial. The jury found Rocky’s client Not Guilty of both charges.
Not Guilty Verdict, Trafficking In Cocaine
Rocky represented a manager of a establishment who was accused of trafficking in cocaine, 200 – 400 grams. At trial, the codefendant testified against Rocky’s client. Rocky presented a defense that the codefendant was the actual trafficker and that Rocky’s client was merely in the wrong place at the wrong time. The jury found Rocky’s client Not Guilty.
Not Guilty Verdict, Robbery With A Firearm
Rocky represented a man charged with robbing a business with a firearm. At trial, Rocky presented a mistaken identify defense, noting that his client had a very noticeable rosary tattoo that covered his arm that the victim never mentioned in her description to police. The jury found Rocky’s client Not Guilty.
Misdemeanor Verdict In Lewd Or Lascivious Case
Rocky represented a man accused of lewd or lascivious conduct in front of children. The children testified at trial that the Defendant was masturbating outside his home in a residential neighborhood. Through cross examination, Rocky was able to raise doubt that the children would be able to see what they claimed to see, had it really occurred. The jury found Rocky’s client guilty of exposure of a sexual organ, a misdemeanor that does not require sex offender registration.
Not Guilty Verdict, Sexual Battery
Rocky represented a man accused of sexual battery and trespass. Rocky’s client was accused of luring a female into an unlocked van (not owned by the client) after the clubs let out in Ybor City. At trial, through cross examination, Rocky presented a defense that the activity was consensual, and the alleged victim only claimed it was rape after the two were caught in a precarious situation. The jury found Rocky’s client Not Guilty of attempted sexual battery and guilty of only the misdemeanor trespass for entering the van that did not belong to him.
Charges Dismissed, Unlawful Sexual Conduct With A Minor
Rocky represented a 27-year-old male client who was accused of having consensual sex with a 16-year-old girl. The client was charged with unlawful sexual contact with a minor. Through extensive investigation of the girl’s social media, Rocky discovered she hosted a YouTube channel where she presented as much older and appeared with other older men. Rocky also highlighted at least three inconsistent stories that the alleged victim had given about the alleged incident. The prosecutor dismissed the charge completely.
Aggravated Child Abuse Reduced
Rocky represented a young man accused of severely injuring his young baby. After his arrest, the client was hospitalized for a serious condition that disabled his ability to walk and talk. The client was treated and went through rehabilitation. Rocky obtained his medical records which included brain scans showing he suffered from Toxoplasmosis. He literally had organisms in his brain that impaired his cognitive functioning. Rocky hired a psychiatrist who reviewed the brain scans and determined that the Toxoplasmosis impaired him at the time of the incident and rendered his conduct involuntary. The charge was reduced to a misdemeanor battery and the client received probation.
Not Guilty Verdict, Deliver Of Cocaine With 1000 Feet Of A Church, Possession Of Cocaine
Rocky represented a man accused of delivering cocaine within 1000 feet of a church and possession of cocaine. Rocky presented a defense at trial of mistaken identity based on poor police work by the detective. The jury found Rocky’s client not guilty.
Not Guilty Verdict, Possession Of Cocaine Within 1000 Feet Of A Church And Possession Of Cocaine Within 1000 Feet Of A School
Rocky represented a man accused of selling cocaine with in 1000 feet of a church and a school. He presented a defense of insufficient proof of guilt. The jury found Rocky’s client Not Guilty.
Not Guilty Verict, Dui And Resiting Officer Without Violence
Rocky represented a man charged with DUI (refusal). The man was also accused of resisting arrest. Rocky presented a defense that the man was not impaired. He used the video at the scene to support the defense. He presented a defense that the officer was overly aggressive and that the client did not resist. The jury found Rocky’s client not guilty on both counts.
Not Guilty Veridct, Domestic Violence Battery
Rocky represented a man charged with domestic violence battery. Through cross examination of the alleged victim, Rocky showed her bias. Rocky additionally presented a lack of evidence defense. The jury found Rocky’s client Not Guilty.
Guilty Of Misdemeanor Battery A Lesser Offense
Rocky represented a lady charged with aggravated battery with a deadly weapon. Rocky presented a defense that the proper charge was misdemeanor battery since the weapon (a shovel) was not used in a manner likely to cause death or great bodily harm. The jury found the client guilty of misdemeanor battery, a lesser included offense.
Not Guilty Of Sexual Battery
Rocky represented a man accused of molesting a 12-year-old girl in the family home. Prior to trial, Rocky personally went to the home to survey the layout. At trial, Rocky presented a defense that the accusations were untrue and that the child just did not like his client. To bolster the defense, Rocky examined witnesses on the layout of the home and that family members would have heard the event, had it really occurred, due to proximity. The jury found Rocky’s client not guilty.
Not Guilty Of Felony Petit Theft
Rocky represented a man accused of felony petit theft. The charge was enhanced because the client had prior convictions. Through cross examination of witnesses, Rocky established reasonable doubt. The jury found Rocky’s client Not Guilty.
Not Guilty Verdict, Grand Theft
Rocky represented a man accused of grand theft. The jury found the man Not Guilty at trial.
Not Guilty Verdict, Possession Of Cocaine
Rocky represented a man accused of possession of cocaine. The man had been transported to a hospital, where staff found cocaine in his pocket. The man testified that the pants belonged to his roommate, and he did not know the cocaine was in the pocket. The jury found Rocky’s client Not Guilty.
Not Guilty Verdict, Grand Theft Motor Vehcile And Petit Theft
Rocky represented a man accused of stealing a car and some personal items. Through cross examination of the alleged victim, Rocky established reasonable doubt. The jury found Rocky’s client Not Guilty of both counts.
Not Guilty Verdict, Burglary Of An Unoccupied Structure And Grand Theft
Rocky represented a man accused of entering into a shed and stealing items worth over $300. The jury found Rocky’s client Not Guilty of both counts.
Presidential Election Defense Yields A Not Guilty Verdict, Escape
Rocky represented a man accused of forging an order commuting his life sentence to a term of years that would cause his release. Through extensive research, Rocky was able to find that the order was clocked in at the Florida Department of Corrections, the Prison where the client was housed and the Clerk of the Circuit Court in Miami, where the court case originated. Additionally, the client’s fingerprint was allegedly found on the copy of the document that was clocked in at the Circuit Clerk’s office. At trial, Rocky disputed the fingerprint and urged the jury to compare it themselves to the client’s known print exemplar. Rocky cross examined the Miami circuit judge who denied signing the order, which was very consistent with her known signature. He cross examined a Miami prosecutor. The case was tried in Pensacola, Florida , a very conservative area, and Rocky mounted what he called “the presidential election defense.” The case was tried within a couple of years of the 2000 presidential election where the results were arguably compromised by the Miami Supervisor of Elections not counting votes with “hanging chads” (if you are too young to remember this, Google it). According to Rocky’s argument, the Pensacola jury should have no reason to trust the testimony of the Miami officials, when that county cannot even be trusted to count votes properly. Everything appeared in proper with the paper trail of the order being clocked in properly at multiple locations. Rocky did not argue that the Miami officials were lying. Rather, it seems the order was properly signed and there was no evidence that his client is the one who typed the forged order. Rocky knew that Pensacolans generally were skeptical of more liberal areas of the state. The jury found Rocky’s client Not Guilty.
Misdemeanor Verdicts On Violent Charges Involving Law Enforcement Officers
Rocky represented a mam accused of fighting officers when they investigated him for marijuana possession. The client was charged with Battery on a Law Enforcement Officer, Resisting a Law Enforcement Officer With Violence and Possession of Marijuana. At trial, Rocky mounted a defense, with his client’s consent, that he was guilty only of possessing a misdemeanor amount of marijuana. According to the defense, it was the police officers who were violent, not Rocky’s client. The jury found Rocky’s client guilty of the misdemeanor marijuana charge he admitted to and a lesser charge of resisting an officer without violence, a misdemeanor. The jury found Rocky’s client Not Guilty of Battery on a Law Enforcement Officer.
Not Guilty Verdict, Aggravated Assault And Battery
Rocky represented a man accused of aggravated assault with a deadly weapon and battery. The jury found Rocky’s client Not Guilty of both counts.
Not Guilty Verdict, Grand Theft Motor Vehicle
Rocky represented a man accused of stealing a car. The defense at trial is that Rocky’s client bought the vehicle, which was sold as scrap. A title, therefore, was not necessary to prove his client’s lawful possession. The jury found Rocky’s client Not Guilty.
Not Guilty Verdict, Armed Robbery With A Firearm And Attempted Armed Robbery
Rocky represented a man who was accused of robbing a man for expensive car rims with a gun. Before trial, Rocky went to his client’s home and the incident scene to investigate. He also went to the evidence room and examined all evidence, including a reversible jacket that had distinct lettering on one side. Both visits proved crucial in cross examination, as Rocky knew the details of the scene and the evidence better than the prosecutor or detectives. Rocky mounted a mistaken identity defense. The jury found Rocky’s client Not Guilty of both counts.
Misdemeanor Verdict On Robbery Charge
Rocky represented a man accused of robbing a store merchant of merchandise he was trying to steal. At trial, Rocky mounted a defense that the only thing his client was guilty of was resisting the merchant who attacked him. The jury agreed and found Rocky’s client guilty of a misdemeanor Resisting a Merchant.
Misdemeanor Verdicts On Burglary Case
Rocky represented a man accused of burglary of a home and theft. At trial, the jury returned a lesser misdemeanor verdict of Trespass and Petit Theft.
Misdemeanor Verdict On Violent Gun Charges
Rocky represented a man accused of aggravated battery with a firearm, aggravated assault with a firearm and carrying a concealed firearm. The jury found Rocky’s client Not Guilty of carrying a concealed firearm. The jury returned lesser misdemeanor verdicts of battery and assault on the other counts.
Misdemeanor Verdict On Violent Felony Case
Rocky represented a man accused of Aggravated Battery, Great Bodily Harm. The jury returned a misdemeanor lesser verdict of Battery.
Not Guilty Verdict, Driving While License Suspended, Habitual Traffic Offender
Rocky represented a man accused of driving while his license was suspended. Rocky’s client’s driving record was extensive, and he qualified as a Habitual Traffic Offender, a felony. At trial, the prosecutor introduced a copy of the client’s redacted driving record to establish his license was suspended. Rocky argued to the jury that the record was prepared by bureaucrats who are not present in court to be tested through cross examination. Why trust a bureaucrat when a man’s liberty is at stake? The jury found Rocky’s client Not Guilty.
Guilty Of Lesser Offense Of Misdemeanor Battery
Rocky represented a lady charged with aggravated battery with a deadly weapon. Rocky presented a defense that the proper charge was misdemeanor battery since the weapon (a shovel) was not used in a manner likely to cause death or great bodily harm. The jury found the client guilty of misdemeanor battery, a lesser included offense.
Not Guilty Verict, Dui And Resiting Officer Without Violence
Rocky represented a man charged with DUI (refusal). The man was also accused of resisting arrest. Rocky presented a defense that the man was not impaired. He used the video at the scene to support the defense. He presented a defense that the officer was overly aggressive and that the client did not resist. The jury found Rocky’s client not guilty on both counts
© 2025 Brancato Law Firm, P.A. All rights reserved.
Digital Marketing By: 