Case Results – Brancato Law Firm, P.A.

Case Results

Real Outcomes from 25+ Years of Tampa Bay Criminal Defense

Facing criminal charges in Tampa Bay requires experienced and tenacious legal representation. At The Brancato Law Firm, P.A., we are dedicated to achieving the best possible outcomes for our clients. Over 25 years, Tampa Attorney Rocky Brancato has achieved results that have changed lives forever.

Every case is unique, and results vary depending on specific facts, evidence, jurisdiction, and other factors. Nevertheless, the outcomes below demonstrate the dedication, deep legal knowledge, strategic negotiation, and tenacious courtroom advocacy we provide to every client.

Recent Results

Violent Gang Beating and Kidnapping — Reduced to Misdemeanors

Rocky represented a man initially arrested for kidnapping a fellow gang member and participating in a severe beating—beating him out of the gang. Rocky strategically chose not to waive speedy trial while he investigated the case. The leverage gained by working within speedy trial resulted in a plea offer to misdemeanor battery and probation—avoiding serious felony convictions for kidnapping and aggravated battery.

Robbery Dismissed, Aggravated Battery Reduced to Misdemeanor

Rocky represented a woman accused of participating in a robbery and severely beating another woman. After Rocky’s investigation, the robbery was dismissed and the aggravated battery was reduced to a misdemeanor, resulting in a probationary sentence.

Sale of Cocaine Near Church — Enhancement Dropped, Prison Avoided

A man represented by the Public Defender contacted Rocky on the eve of trial. The Public Defender’s best offer was a fairly significant prison sentence. According to discovery, the evidence was a video of the sale and testimony of the undercover officer. Discovery included screenshots from the video.

Rocky did what the assistant public defender never did: he demanded to see the video. It turned out the video had been misplaced—all that remained were screenshots and the officer’s testimony. Rocky worked out a resolution where the 1000-feet enhancement was dropped and the client received probation instead of prison.

Marijuana DUI — Reduced to Reckless Driving

Rocky represented a man pulled over by police. A marijuana blunt was lit at the time of the stop, and the video showed thick smoke emanating from the vehicle. After field sobriety tests, the client was arrested for DUI based on the officer’s belief that he was under the influence of marijuana. Rocky negotiated the charge down to reckless driving.

Google Search Warrant — Investigation Avoided, Client Advised

A client reached out after receiving notice from Google that police had obtained a search warrant for her online records. The warrant had required Google not to disclose this until a specific time period passed. Rocky reached out to the agency, spoke with the detective, found out what the investigation was about, and invoked the client’s right to an attorney and to remain silent.

Ultimately, the agency decided not to proceed with charges on a case where someone in the client’s home had been chatting with a minor. The client’s worries were reduced, and she was armed with advice that will allow her to mitigate or eliminate any future investigation.

Loitering and Prowling — Diversion Obtained for Mentally Ill Client

Two parents reached out to Rocky on behalf of their son, who was incarcerated, mentally ill, and arrested for loitering and prowling. Rocky assisted the parents in navigating the bond process and worked out a diversion program where the client would receive a mental health evaluation and participate in treatment in exchange for dismissal of charges.

Battery on Law Enforcement — Old Warrant Resolved, Reduced to Misdemeanor

A man who had moved to another state reached out to Rocky about a 3-year-old warrant for Battery on a Law Enforcement Officer. Rocky obtained the file from the Public Defender and investigated the allegations. He worked out a resolution for a misdemeanor and credit for time already served. The man can now get on with his life without the felony warrant hanging over his head.

Expired Registration (Second Offense) — Charges Dismissed

Rocky represented a man charged with expired registration, second offense. Rocky worked out a resolution where the client would get his car registered and charges were dismissed.

Homicide & Violent Crimes Results

Not Guilty — Second-Degree Murder (Self-Defense)

Rocky defended a client accused of second-degree murder following a fatal shooting involving his roommate. The case proceeded to trial. The defense was based on the justifiable use of deadly force. Through direct examination, Rocky demonstrated that the shooting was in self-defense. The Tampa jury heard the evidence and returned a Not Guilty verdict, fully acquitting his client.

Murder and Aggravated Child Abuse — Charges Dismissed

In a highly sensitive case, Rocky defended a Tampa grandmother charged with first-degree murder and aggravated child abuse. The charges related to the drowning death of her granddaughter. Prosecutors initially alleged a liver laceration was evidence of abuse.

Rocky’s defense involved retaining a forensic pathologist and conducting an extensive review of medical records. He deposed the state’s medical experts. Through rigorous analysis, Rocky and his expert demonstrated the cause of death was drowning—and the liver injury resulted from CPR efforts, not abuse. This compelling evidence led the prosecutor to dismiss the murder and aggravated child abuse charges. The client ultimately received probation on a reduced charge of child neglect.

Vehicular Homicide — Reduced to Reckless Driving

In a tragic case involving a fatal single-vehicle crash, Rocky defended a client accused of vehicular homicide in Tampa. The prosecution alleged reckless driving caused the accident. Rocky retained an accident reconstruction expert and focused the defense on potential issues with the vehicle’s braking system. Through these efforts, Rocky successfully negotiated a reduction of the charge to reckless driving with serious bodily injury. His client avoided prison and received a sentence of 48 months probation.

Not Guilty — Kidnapping and Robbery

Rocky defended a client facing serious kidnapping and robbery charges in Plant City. At trial, Rocky presented a strong mistaken identity defense, challenging the prosecution’s evidence at every turn. The jury deliberated and returned a Not Guilty verdict on both charges, fully exonerating his client.

Not Guilty — Armed Robbery with Firearm (Two Counts)

Rocky represented a client accused of robbing a man for expensive car rims at gunpoint. Before trial, Rocky conducted a thorough personal investigation—visiting the client’s home, the incident scene, and the evidence room to examine all evidence, including a specific reversible jacket.

This meticulous preparation allowed Rocky to cross-examine the detectives with superior knowledge of the details and also prepare his client to testify. He mounted a successful mistaken identity defense. The jury returned Not Guilty verdicts on both counts of Armed Robbery.

Not Guilty — Armed Robbery (Wimauma)

Rocky defended a client accused of armed robbery. At trial, he employed a mistaken identity defense, highlighting a crucial detail: the victim failed to mention the defendant’s distinctive arm tattoo when describing the suspect to police. This significant inconsistency created reasonable doubt, leading the jury to return a Not Guilty verdict.

Not Guilty — Aggravated Assault and Battery

Rocky represented a man accused of aggravated assault with a deadly weapon and battery. At trial, through effective cross-examination and evidence challenges, the jury found his client Not Guilty of both serious counts.

Drug Crimes Results

Fentanyl Trafficking — Dismissed in Three Weeks

Facing serious fentanyl trafficking charges, Rocky’s client was initially subject to a motion for pretrial detention. Rocky successfully challenged this motion, securing the client’s release on bond. He leveraged complex arguments surrounding constructive possession and questioned the legality of the vehicle search. Through strategic negotiation with the prosecutor, within just three weeks of the arrest, the prosecutor issued a Letter of Release, formally dismissing the fentanyl trafficking case.

Not Guilty — Cocaine Trafficking (200-400 Grams)

A business manager was accused of trafficking 200-400 grams of cocaine in Tampa. At trial, the prosecution relied heavily on co-defendant testimony. Rocky successfully countered this by demonstrating the co-defendant was the actual trafficker—his client was merely present. The jury returned a Not Guilty verdict, clearing the client of all charges.

Trafficking in Amphetamine — Diversion, Charges to Be Dismissed

When prosecutors charged his client with trafficking in amphetamine, the stakes could not have been higher. Rocky immediately attacked the State’s evidence, filing a motion to suppress that exposed serious weaknesses in the prosecution’s case. That motion created the leverage needed to negotiate a far better outcome: the trafficking charge was reduced, and the client was accepted into a diversion program. Under the agreement, the case will be dismissed once the client completes a drug evaluation and any recommended outpatient treatment.

Cocaine and Firearm — Both Charges Dismissed

Responding to an early morning call on the firm’s 24/7 line, Rocky swiftly acted for a client arrested for possession of cocaine and possession of a firearm during the commission of a felony. At the First Appearance hearing, Rocky argued the client’s actions did not meet the intent of the firearm statute, leading the judge to set low bonds.

Rocky’s immediate engagement with the intake prosecutor resulted in both charges being formally dismissed within days of the client’s arrest—preserving a clean record.

Not Guilty — Cocaine Delivery Near Church (Two Counts)

Rocky defended a client accused of delivering cocaine within 1000 feet of a church and possession of cocaine. At trial, Rocky presented a mistaken identity defense and highlighted poor police work. The jury found his client Not Guilty on both counts.

Not Guilty — Cocaine Sale Near Church and School

Rocky represented a man accused of selling cocaine within 1000 feet of a church and a school. He presented a defense of insufficient proof of guilt. The jury found his client Not Guilty on both counts.

Sex Crimes Results

Cold-Case Sexual Battery (DNA) — Full Exoneration

Rocky defended a Tampa military veteran accused in a “cold hit” DNA case involving an alleged sexual battery that occurred eight years prior. Rocky recognized the critical nature of forensic evidence and retained a DNA expert, conducting a comprehensive review of all DNA evidence.

The expert’s analysis and assistance during depositions demonstrated that Rocky’s client was excluded as a contributor to the DNA profile from the victim. Based on this definitive evidence, the prosecutor dismissed all charges, achieving a full exoneration for the client.

Juvenile Sex Charges — Path to Dismissal, No Registration

Rocky represented a juvenile accused of sex offenses involving a younger child. Recognizing the long-term consequences of a conviction and sex offender status, Rocky negotiated an alternative rehabilitation plan tailored to the child’s needs. The agreement allows the juvenile to enter therapy under professional supervision, with the possibility of dismissal once treatment is completed. Most importantly, this resolution ensures the child will not be labeled a sex offender—protecting his future while addressing the situation through treatment rather than punishment.

Unlawful Sexual Conduct with Minor — Dismissed

Rocky represented a 27-year-old client accused of unlawful sexual contact with a 16-year-old. Rocky conducted an extensive investigation of the alleged victim’s social media, which revealed she presented as older online and appeared with other older men. He highlighted multiple inconsistent stories given by the alleged victim. This powerful evidence led the prosecutor to dismiss the charge completely.

Not Guilty — Sexual Battery (Ybor City)

Rocky defended a client accused of sexual battery and trespass in Ybor City. Prosecutors alleged the client lured the victim into a van. Rocky’s cross-examination highlighted inconsistencies in the allegations and established that the encounter was consensual. Evidence suggested the sexual assault claim arose only after they were discovered. The jury returned a Not Guilty verdict on attempted sexual battery, convicting only on misdemeanor trespass.

Lewd/Lascivious Conduct — Reduced, Avoided Sex Offender Registration

A client faced charges of lewd or lascivious conduct in front of children. The prosecution relied on child testimony. Through strategic cross-examination, Rocky exposed inconsistencies in their statements and raised doubts about their ability to accurately witness the alleged acts. The jury rejected the felony charge, finding the client guilty only of misdemeanor exposure of a sexual organ. The client successfully avoided sex offender registration.

Sexual Predator Designation — Removed

A client sought help challenging a sexual predator designation imposed years prior by previous counsel. Rocky conducted a meticulous review of court records and relevant statutes and identified that the client did not meet the legal criteria for the designation. He filed a motion to correct the illegal sentence.

Although initially denied, Rocky filed a compelling motion for reconsideration. His legal analysis convinced the prosecutor to agree, leading the judge to withdraw the previous order and remove the sexual predator designation. This outcome significantly improved the client’s future prospects.

Solicitation to Commit Human Trafficking — Probation, Contact with Child Preserved

Rocky collaborated with another firm on a jury trial of a man accused of solicitation to commit human trafficking and using a computer to commit a sex crime. Although the client was convicted at trial, the work of both attorneys and the client’s participation in treatment before trial contributed to the judge departing from the guidelines and sentencing the client to probation. Because of the treatment completed, the client was able to maintain contact with his child and use the internet while on probation—significant relief from the restrictions that typically accompany such convictions.

Sexual Predator Designation — Corrected, Rights Expanded

Rocky represented a man who had been improperly designated a sexual predator years earlier by another attorney’s handling of his case. After uncovering the error, Rocky successfully corrected the designation, reducing his status to sexual offender. With that crucial step achieved, Rocky then filed a motion requesting relief from the harsh restrictions that had limited his client’s life. The court granted internet access and approved contact with family children under a therapist-approved safety plan, allowing the client to move forward with greater freedom and dignity.

DUI & Traffic Crimes Results

DUI License Suspension — Overturned on Appeal, CDL Reinstated

After a DUI arrest, Rocky’s client lost both his standard driver’s license and CDL at the DHSMV administrative hearing. Rocky handled the hearing personally, and when the agency’s own officer upheld the suspension, he did not stop there. Rocky filed a petition for writ of certiorari in circuit court, persuaded a judge that the suspension was improper, and won a ruling reinstating both licenses. The decision not only restored the client’s driving privileges but also protected his livelihood as a commercial driver.

Not Guilty — DUI and Resisting Officer

Rocky defended a client charged with DUI (refusal) and resisting arrest without violence. He argued the client was not impaired, using scene video to support the defense. Rocky also contended the officer was overly aggressive and the client did not resist. The jury found his client Not Guilty on both counts.

DWLS Exoneration — Body Camera Proved Wrong Person

A client facing driving while license suspended charges sought Rocky’s help. Rocky’s prompt investigation revealed the true driver had used his client’s identification. He immediately requested and obtained the police body camera footage, which confirmed his client was not the driver. The very next day in court, Rocky presented clear screenshots from the video to the prosecutor, resulting in the immediate dismissal of the DWLS charges.

Not Guilty — Felony DWLS (Habitual Traffic Offender)

Rocky represented a man accused of felony Driving While License Suspended with Habitual Traffic Offender status. At trial, the prosecution presented a redacted record. Rocky argued persuasively to the jury that a bureaucrat’s paper record should not be trusted when a man’s liberty is on the line. The jury found his client Not Guilty.

Out-of-State Driver — Florida License Cleared

A man from another state contacted Rocky for help clearing old Florida DUIs that were blocking him from getting an unrestricted license at home. While other attorneys offered vague advice, Rocky researched the law, consulted with the Department of Highway Safety and Motor Vehicles, and provided a clear, step-by-step plan. The client recently reached out to share his success—his Florida license is now clear, and he holds an unrestricted license in his home state.

Child Abuse Crimes Results

Aggravated Child Abuse — Dismissed (Medical Evidence)

A father faced aggravated child abuse charges after his daughter was found to have a pancreatic injury. Initial medical opinions suggested intentional blunt force trauma. Rocky’s defense included retaining a forensic pathologist and thoroughly reviewing all medical records.

The expert analysis revealed the injury was caused by a congenital choledochal cyst—a condition present since birth, not abuse. This critical medical evidence led the prosecutor to dismiss all charges, completely clearing the father’s name.

Aggravated Child Abuse — Reduced (Medical Condition Defense)

A young man was accused of severely injuring his baby. After his arrest, doctors diagnosed the client with severe Toxoplasmosis—a condition that impaired his cognitive and physical abilities. Rocky obtained medical records and hired a psychiatrist who confirmed the condition impaired the client’s functioning at the time of the incident, rendering his conduct involuntary. The aggravated child abuse charge was reduced to misdemeanor battery with probation—a significantly more favorable outcome.

Other Notable Results

Not Guilty — Escape (Forged Commutation Order)

This complex case involved representing a man accused of forging an order that would commute his life sentence and lead to his release. The forged order was officially clocked in at multiple locations—the Florida Department of Corrections, the prison, and the Miami Clerk of Court. Additionally, the client’s fingerprint was allegedly found on a copy.

Despite this evidence, Rocky mounted a unique defense. He conducted extensive research and investigation, disputed the fingerprint evidence at trial, and cross-examined officials from Miami, including a Circuit Judge. Tried in Pensacola, Rocky employed a strategy he called the “presidential election defense”—leveraging skepticism towards Miami officials following the controversial 2000 election to cast doubt on the paper trail evidence. He did not argue the officials lied, but highlighted the possibility of administrative errors and the lack of direct evidence that his client typed the forged order. The jury found Rocky’s client Not Guilty.

Domestic Violence — False Arrest Avoided

A young woman came to Rocky after her abusive ex falsely accused her of assault. A warrant was out for her arrest. Other attorneys advised her to turn herself in and lower her bond in court.

Rocky took a smarter route—he contacted the intake prosecutor, presented evidence of her abuse, and persuaded the State to drop the charges. The warrant was recalled, and she never had to go to jail or appear in court. Rocky then helped her obtain a restraining order to protect her from future harm.

Out-of-State Felony Warrant — Dismissed

An out-of-state visitor faced significant anxiety and potential arrest for over four years due to a lingering felony charge from a trip to Tampa. Feeling out of options, she contacted Rocky. He quickly gathered crucial facts and communicated directly with the State Attorney’s Office supervision. The result: the warrant was quashed and the entire case was dismissed.

USF Student — Avoided Disciplinary Record

A parent retained Rocky to assist their student facing a Student Conduct & Ethical Development hearing at USF following an off-campus criminal arrest. Although the incident occurred off campus, it was deemed a potential violation of the USF Student Code of Conduct. Rocky provided detailed preparation materials and conducted a mock hearing to ensure the student was fully prepared. With Rocky’s support, the student presented effectively and confidently. The matter was resolved informally with no disciplinary record, and the student was allowed to continue their education without interruption.

Two Probation Violations in 30 Days — Dismissal and Termination

Within a single month, the same client faced two separate violations of probation. On the first violation, Rocky successfully persuaded the court to dismiss the allegation entirely. When the client was brought back on a second violation just weeks later, Rocky again went to work—this time securing an order for probation to be terminated. The result: the client is no longer under supervision and faces no further probation or incarceration.

Important: Every case is unique. The outcomes described above depended on specific facts, evidence, jurisdiction, and other factors. Past results do not guarantee future outcomes. However, these cases demonstrate the level of preparation, strategic thinking, and courtroom skill we bring to every client’s defense.

Facing Criminal Charges in Tampa Bay?

Results come from preparation, strategy, and experience. For over 25 years, Rocky Brancato has fought for clients throughout Tampa Bay—in the courtroom when necessary, and through strategic negotiation when it serves the client’s interests.

At The Brancato Law Firm, we limit our caseload so every client receives the attention their case demands. If you’re facing serious charges, let’s discuss your options.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205

Tampa, FL 33602

Serving Hillsborough, Pinellas and Pasco Counties