Grand Theft is a felony offense (F.S. 812.014) involving the taking of property valued at $750 or more. The Law Offices of Dave L. Simmons, P.A. provides experienced defense for Grand Theft charges throughout Broward County. For more information on all theft classifications, return to our Broward County Theft Defense Hub.
Grand Theft Defense in Broward County (F.S. 812.014)
In Florida, Grand Theft is defined under F.S. 812.014 as the unlawful taking of property valued at $750.00 or more with the intent to deprive the owner of their right to the property.
To prove grand theft in a trial setting, the State must prove the following three elements beyond a reasonable doubt.
- The defendant knowingly and unlawfully obtained, used, or endeavored to obtain the property of another
- The defendant did so with the intent to permanently or temporarily deprive the victim of their right to the property or any benefit from the property, or appropriate the property of the victim to their own use or the use of any person not entitled to it
- The property was valued at $750.00 or more
Proof of the value of the property is also a necessary element by the State to sustain a conviction and must be proven beyond a reasonable doubt.
This is a serious felony that carries the immediate risk of prison time and a permanent criminal record. Unlike a simple misdemeanor, a Grand Theft accusation typically requires a physical arrest and booking into the Broward County Jail.
Protecting your Future and reputation
At the Law Offices of Dave L. Simmons, P.A., we know that a theft charge is often more than just a legal problem—it is a reputation problem. As a former prosecutor and public defender with over 27 years of experience, I handle all levels of Theft Crimes—from minor misdemeanors to high-stakes felonies. I don't just defend you in court; I intervene to protect your future.
Phase 1: The Immediate Aftermath (Arrest & Bond)
Because Grand Theft is a felony, you cannot simply be issued a "Notice to Appear." You must be processed through BSO Central Intake at the Main Jail. To navigate the hours ahead, here is the standard process:
- Bonding Out: For most standard 3rd-Degree Grand Theft charges, you are eligible to post a pre-set "Convenience Bond" (typically $2,500) immediately after booking.
- Magistrate Hearing: If you are unable to bond out, or if you have a "No Bond" hold (due to probation or prior warrants), you must see a Magistrate Judge within 24 hours in Room 4155. We represent clients at these hearings daily to argue for ROR (Release on Own Recognizance).
Phase 2: Defining the Charge & Penalties
The line between a misdemeanor (Petit Theft) and a felony (Grand Theft) is exactly $750. Prosecutors often attempt to "over-value" stolen property—using the original purchase price rather than current market value—to push a case into felony territory.
To secure a conviction, the State must prove that you knowingly obtained or used the property of another with the intent to deprive them of it, and that the value was $750 or more.
Florida Grand Theft Penalties by Statute
| Degree of Theft | Statute Subsection | Property Value | Potential Penalty |
|---|---|---|---|
| 3rd Degree Felony | F.S. 812.014(2)(c) | $750 – $20,000 | Up to 5 Years Prison |
| 2nd Degree Felony | F.S. 812.014(2)(b) | $20,000 – $100,000 | Up to 15 Years Prison |
| 1st Degree Felony | F.S. 812.014(2)(a) | Over $100,000 | Up to 30 Years Prison |
Specific Items: Regardless of value, the theft of a Firearm, Motor Vehicle, Will, Fire Extinguisher, or Stop Sign is automatically charged as a 3rd Degree Felony.
Critical Sentencing Rule: Withholding Adjudication
Pursuant to F.S. 775.08435, the court may not withhold adjudication of guilt as a sentence for:
- Any capital, life, or first-degree felony offense
- A second-degree felony offense unless:
- The state attorney requests in writing that adjudication be withheld; or
- The Court makes written findings that the withholding of adjudication is reasonably justified based on the circumstances or factors in accordance with those set forth in F.S. 921.0026.
Aggravating Circumstances: When Grand Theft is Upgraded
In Broward County, the State Attorney’s Office can "upgrade" the severity of a theft charge if specific tactical elements are present. These factors can move a case from a standard felony into a more severe sentencing category:
- Coordinated Retail Theft (The "Multiple Person" Rule): Under F.S. 812.015, if you act in concert with one or more persons to "scheme" or distract employees to facilitate a theft, the State can charge you with Retail Theft with a Coordinator. This proves a higher level of intent and often results in harsher plea offers from the prosecutor.
- The Anti-Shoplifting Countermeasure Rule: The use of specialized tools—such as "booster bags" (foil-lined bags) or magnets designed to remove security sensors—is a separate criminal act. Possessing these tools while committing a theft can lead to additional felony counts, as the law views this as a premeditated "professional" theft rather than a momentary lapse in judgment.
Phase 3: Former Prosecutor Defense Strategies
As a former Broward Prosecutor, Dave knows exactly how the State builds its file. He systematically dismantle their case using many defense strategies, including:
1. The "Valuation" Defense: The State must prove the value of the item at the time of the theft, not what you paid for it five years ago. Electronics, jewelry, and tools depreciate rapidly. We utilize independent appraisals to prove that the item’s actual "Fair Market Value" is under $750. If we succeed, the felony charge must be reduced to a misdemeanor.
2. Good Faith Belief of Ownership: If you genuinely believed the property belonged to you, or that you had a valid claim to it (common in disputes between ex-partners or roommates), you did not have criminal intent. A "Claim of Right" is a complete defense to theft.
3. Consent (Express or Implied): Did the owner permit you to borrow the item? Did you have a history of sharing property? If you believed you had the owner's consent—even if that belief was mistaken—there is no theft.
4. The "Distracted Shopper" (Lack of Intent): Theft is a "Specific Intent" crime. Forgetting an item at the bottom of a shopping cart or walking out of a store while distracted by a phone call is not a crime. We use surveillance footage to show a lack of concealment or suspicious behavior.
5. Challenging Loss Prevention & Video Evidence: In retail cases (Walmart, Target, Home Depot), the case often relies on a single Loss Prevention Officer. These employees are often transient, poorly trained, or fail to save the complete video footage. We aggressively depose these witnesses to expose inconsistencies and "gaps" in the evidence.
Pre-Trial Intervention (PTI)
If you have no prior criminal record, we may be able to negotiate your entry into the Broward County Pre-Trial Intervention (PTI) Program. Upon successful completion of this diversion program, the State will dismiss the charges against you, making you eligible for an expungement.
Where Will Your Grand Theft Case Be Heard in Broward County?
Unlike misdemeanor theft cases, which are assigned to regional courthouses based on the zip code of the arrest, all felony Grand Theft cases in Broward County are heard exclusively at the Main Judicial Complex in downtown Fort Lauderdale.
Main Judicial Complex
201 S.E. 6th Street, Fort Lauderdale, FL 33301
This is the county's primary courthouse and a large, high-security facility. Allow extra time to clear security, as lines are significantly longer than at the regional satellites. Parking is available in the garage directly across the street — bring cash or card, as it is not free.
For more information on all theft classifications, return to our Broward County Theft Defense Hub.
