Can an Orlando aggravated assault attorney get felony charges dismissed by preparing for trial?
In Florida aggravated assault cases, a trial‑ready Orlando aggravated assault attorney can sometimes force the State to reveal weaknesses in its case, which may lead to reduced charges or even a complete dismissal when prosecutors realize they cannot prove the felony beyond a reasonable doubt.
The defendant, a young woman charged with Aggravated Assault With a Deadly Weapon after a road rage provocation, was facing up to five years in prison. More than a year had passed since her arrest. There were 14 court hearings during that time. They set and postponed five trial dates because her “defense was not sufficiently prepared.”
Finally, after 13 months of appointments, hearings, briefs, and appearances, the court scheduled a “plea date certain” to resolve the case. Now the defendant was under pressure, and the prosecutor offered a deal. The defendant could plead guilty to a lesser charge and get probation or she take her chances before a jury. The choice was to accept a conviction she didn’t deserve or risk the expense, trauma and uncertainty of going to trial—and possibly going to prison.
Her attorney wanted her to take the deal.
Should I Take a Plea Deal or Demand a Trial in an Aggravated Assault Case in Florida?
Most people would have taken the plea deal. The fact is that hardly any criminal cases go to trial. According to the PEW Research Center, in 2022, only about 2% of federal criminal defendants went to trial, nearly 90% pled guilty. In Florida, statewide, about 97% of criminal cases don’t go to trial, with the majority of defendants taking a plea deal.
In the Ninth Judicial Circuit Court, where the woman in this case was arrested, 99% of felony prosecutions don’t make it to trial. Almost everyone charged by state and federal prosecutors gives up their right to a trial and pleads guilty or no contest in exchange for some perceived benefit. That benefit might be a lesser charge, a lesser sentence, fewer counts, or narrower facts.
In reality, it is generally the prosecutor’s office that benefits from the plea bargain system. Trial by jury is an expensive, time-consuming proposition with a dicey outcome. If prosecutors get most defendents to plead out, they are racking up convictions while saving a lot of time and money. Given that incentive, prosecutors have plenty of ways to make sure the system keeps running smoothly.
One common tactic is charge stacking, which is when you get arrested for breaking a certain law, and they add several related charges on top of that. The prosecutor then tells you you’re looking at decades in prison, but they can knock it down to time served if you plead guilty to just the one charge. Not much of a choice—especially if you believe the charge was unjustified to begin with. But who is going to take that risk?
Giving Up Your Constitutional Rights
There are situations in which it makes sense to accept a plea bargain offer. But there are often situations where the best strategy for a defense lawyer is to go on the offense by forcefully asserting the client’s rights. For example, the initial attorney for the young woman who was charged with aggravated assault had waived her right to a speedy trial. There was no pressure on prosecutors to build a solid case against her. They didn’t mind the delays because no one was forcing them to reveal how strong their case was.
And now, after more than a year, her lawyer wanted her to plead guilty. Deciding it was time to take the initiative, she reached out to the Rivas Law Firm.
Immediate Action and an Aggressive Strategy
The Rivas Law team went to work immediately. We went to court, informed the judge that new counsel had been retained. We made it clear that there would be no plea bargain in this case and demanded a trial date. After confirming a written plea of not guilty, we filed a demand for discovery and disclosure, insisting that the State turn over all of its evidence and any information that might help the defense. These early filings signaled a clear message: this defense team was coming in to fight the charge, fully prepared to go to trial.
The impact of our new approach showed up almost immediately. The State started turning over the evidence we requested and provided a fresh list of their witnesses. The case that had been drifting along suddenly had an engaged, aggressive defense team fighting for their client.
The judge cancelled the plea hearing and set a date for a jury trial, giving prosecutors just ten days to get ready to present its aggravated assault case to a jury. What had been a plea hearing became a countdown to trial.
Result: Case Dismissed
As the trial date approached, both sides prepared, but the docket shows the defense driving the momentum. The State filed a supplemental witness list, reflecting ongoing efforts to shore up its case in the face of the defense’s new demands.
Within days, our team filed a defense witness list, letting the court and the prosecutors know that the defense was organized, had its witnesses ready to testify, and was prepared to try the case in front of twelve jurors. At this point, the prosecution could no longer assume the defendant would plead out; they were staring at a real, imminent trial against a prepared defense team.
That same day, instead of moving forward to trial, the State Attorney filed a document called “NOLLE PROSEQUI,” formally dropping the Aggravated Assault with a Deadly Weapon charge against our client.
After more than a year of delay under prior counsel, a single week of aggressive, trial‑ready lawyering by the Rivas Law Firm produced what had not been achieved before: the total dismissal of the felony charge and the end of the case on the defendant’s terms.
This is the difference a trial-ready defense can make. Not every defendant has to take a plea bargain. Some cases need an attorney who is willing to prepare, challenge the evidence, and force the State to prove its case.
Every case is different, and past results do not guarantee future outcomes. But this case shows the importance of having an attorney who is ready to fight when the facts and circumstances call for it.
If you are facing aggravated assault with a deadly weapon in Orlando, you need an aggravated assault attorney who is willing to prepare for trial and challenge the State instead of pushing you into a plea you don’t deserve. Call 407-644-2466 to speak with an experienced and aggressive Orlando criminal defense attorney at the Rivas Law Firm.
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Jose Rivas has litigated thousands of criminal cases and frequently serves as a legal analyst for both local and national media networks. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.