Why This Case Matters: Early representation with insider knowledge and trial preparation creates the negotiating power needed to prevent charges or reduce them by understanding critical charge elements.
Imagine being a mother of young children, suddenly facing the very real possibility of spending the next three decades behind bars—missing first days of school, birthday parties, graduations, and all the precious moments that make up a childhood. That's exactly where our client found herself when she was charged with two counts of aggravated assault with a deadly weapon and one count of discharging a firearm from a vehicle.
For her, this wasn't just about legal jargon and courtroom procedures. It was about whether she'd be there to tuck her kids in at night, to comfort them when they were scared, to watch them grow up. The weight of those felony charges—and the 30 years in prison they carried—was crushing. But early legal intervention proved critical in achieving a dramatically different outcome.
The Charges She Faced
Our client was arrested and charged with:
- Aggravated assault with a deadly weapon (second-degree felony)
- Discharging a firearm from a vehicle (second-degree felony)
Both charges carried serious penalties, with a combined maximum sentence of 30 years in Florida State Prison—a number that felt like a lifetime to a woman who had never been in serious legal trouble before.
What Happened
The charges stemmed from a domestic dispute in Lauderhill that spiraled out of control. According to police reports, the incident involved allegations that our client pointed a firearm and later discharged a weapon from her vehicle in a parking lot. Law enforcement recovered physical evidence including spent shell casings and a projectile, and the incident was partially captured on cell phone video.
On paper, the evidence looked damning. In the moment, our client was terrified.
She had no substantial prior criminal history. She was a mother who made a mistake during an emotionally charged situation—and now she was facing the possibility of losing everything: her freedom, her children, and her future.
That's when she made the most important decision she could make: she called for help immediately.
Our Strategic Approach
We began working on this case immediately after the arrest, engaging in pre-filing work with the State Attorney's Office. Drawing on over 22 years of criminal defense experience—including prior service as both a Broward State Attorney and Public Defender—Fort Lauderdale criminal defense attorney Dave Simmons understood exactly how prosecutors would approach this case and what weaknesses existed in their theory.
This early intervention allowed us to:
- Challenge the aggravated assault charge before filing. Through careful analysis of the evidence and probable cause, we identified weaknesses in the state's ability to prove that our client specifically intended to fire at the alleged victim. Leveraging our insider knowledge of how prosecutors evaluate cases, we successfully convinced the State Attorney to "no info" (decline to file) the aggravated assault with a deadly weapon charge.
- Prepare thoroughly for trial. Even with one charge dropped, our client still faced a second-degree felony for discharging a firearm from a vehicle. We spent over a year conducting discovery and preparing the case for trial, demonstrating our commitment to fighting these charges. This proactive approach—jumping into action immediately rather than waiting for the legal process to unfold—is a cornerstone of how we protect our clients.
- Negotiate from a position of strength. By setting the case for trial and showing we were prepared to go the distance, we positioned ourselves to negotiate a favorable resolution. Right before trial, we successfully convinced the state to reduce the remaining second-degree felony charge to a misdemeanor—improper exhibition of a firearm.
The Result: From 30 Years to Probation
Instead of facing three decades in prison, our client received:
- All felony charges either dropped or reduced to a misdemeanor
- No jail time
- Probation only
- The ability to remain with her young children
- Preservation of her reputation in the community
This outcome represents a reduction from a potential 30-year maximum sentence down to a misdemeanor conviction with no incarceration—a result that preserved our client's freedom and kept her family intact.
If You’re Facing Serious Felony Charges in Fort Lauderdale, Take Action Today
If you are facing aggravated assault, weapons charges, or other serious felonies in Broward County, the time to act is now. Early legal representation can make the difference between decades in prison and maintaining your freedom.
At the Law Offices of Dave L. Simmons, P.A., we provide the strategic counsel and confidential support you need during this difficult time. With over two decades of experience defending individuals accused of criminal offenses in Fort Lauderdale and surrounding areas—including Lauderhill, Plantation, Coral Springs, and Pembroke Pines—we understand that a criminal charge can have far-reaching consequences on your reputation, career, and personal life.
Contact our Fort Lauderdale office today at 954-765-3540 for a confidential consultation. We'll review your case, explain your options, and develop a strategic defense plan tailored to your situation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
