Defense for Felony Offenses in the 17th Judicial Circuit of Broward County
A felony charge in Broward County can result in state prison, permanent loss of civil rights, and collateral consequences that follow you for life — even after your sentence is complete.
In Broward County, felony charges are heard in the 17th Judicial Circuit and governed by the Florida Criminal Punishment Code (CPC) — a scoresheet system that calculates mandatory minimum sentences based on the severity of the offense and your prior criminal history. Under Florida law, a felony is any crime punishable by more than one year in state prison.
A felony conviction triggers permanent collateral consequences that extend far beyond incarceration:
- Capital & Life Felonies: Punishable by life in prison or the death penalty
- First-Degree Felonies: Punishable by up to 30 years in prison
- Second-Degree Felonies: Punishable by up to 15 years in prison
- Third-Degree Felonies: The most common category — Grand Theft, Drug Possession — punishable by up to 5 years in prison
- Loss of Civil Rights: Permanent loss of firearm rights, voting rights, and professional licenses upon conviction
Experience Matters: The Insider Edge of a Former Prosecutor
Fort Lauderdale felony defense attorney Dave L. Simmons is a former Broward County Assistant State Attorney and Assistant Public Defender with 27 years of experience defending felony charges throughout the 17th Judicial Circuit.
He understands that the most consequential phase of a felony case is often the pre-filing window — a 21-to-30-day period during which the State Attorney's Office reviews the arrest affidavit to decide whether to formally file charges, reduce them to misdemeanors, or decline prosecution entirely.
Strategic intervention before your arraignment is the most effective way to challenge evidentiary exposure and negotiate for a No Information dismissal or entry into a Pre-Trial Intervention (PTI) program.
Why Choose The Law Offices of Dave L. Simmons, P.A.?
Broward County felony clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom — and who limits his practice exclusively to Broward County.
- Avvo 10.0 Superb Rating — Avvo's highest designation
- Justia 10.0 Rating — perfect score on one of the nation's leading legal directories
- Martindale-Hubbell 5.0 — among the most respected attorney rating services in the country
- 200+ five-star client reviews
- Exclusive Broward County practice
- Dave handles your case personally — not a paralegal or associate
- Extensive court room and trial experience
- Regular appearances before Broward County Circuit Court Judges
Each case is approached with strategic early analysis, disciplined motion practice, and trial-ready preparation.
Don't let a score sheet define your future.
Call 954-765-3540 for a free, confidential felony case evaluation directly with Dave Simmons.
What Criminal Charges Are Considered Felonies in Florida?
Under Florida law, felony classifications and maximum penalties are governed by Florida Statutes §§ 775.082 and 775.083.
Third-Degree Felony
Penalty: Up to 5 years in prison and a $5,000 fine.
Common examples include:
- Aggravated assault
- Felony battery
- Drug possession
- Felony DUI
- Resisting arrest with violence
Even third-degree felony charges can result in a permanent criminal record and long-term consequences.
Second-Degree Felony
Penalty: Up to 15 years in prison and a $10,000 fine.
Examples include:
- Burglary of a dwelling
- Aggravated battery
- Grand theft (second degree)
- Dealing in stolen property
- Possession of drugs with intent to deliver
First-Degree Felony
Penalty: Up to 30 years in prison and a $10,000 fine (or higher if permitted by statute).
Examples include:
- Drug trafficking
- Armed robbery
- Robbery with a deadly weapon
- Burglary involving assault or battery
- Attempted murder
Life Felony
Penalty: Life imprisonment and/or a $15,000 fine.
Capital Felony
Penalty: Life without parole or the death penalty.
How Felony Cases Move Through the 17th Judicial Circuit
Felony cases in Broward typically proceed through structured stages: arrest, first appearance before a magistrate, filing review by the State Attorney’s Office, arraignment, discovery and depositions, motion practice, and ultimately negotiated resolution or jury trial.
First Appearance and Bond Determination
In Broward County, felony defendants are brought before a magistrate judge for First Appearance shortly after arrest. At that hearing, bond is addressed, and pretrial release conditions are imposed. These may include no-contact orders, travel restrictions, electronic monitoring, firearm surrender, or other limitations that can significantly affect daily life while the case is pending.
Strategic advocacy at this stage may influence bond conditions and protect against unnecessarily restrictive release terms.
Circuit Court Proceedings
Once formal charges are filed, the case proceeds in Circuit Court. In the 17th Judicial Circuit, felony matters are assigned to specific divisions based on case type and judicial rotation. Each division maintains its own scheduling practices, motion calendars, and pretrial procedures. Judges may differ in how they address bond modifications, evidentiary hearings, plea conferences, and sentencing considerations.
Understanding these procedural nuances — and how local prosecutors evaluate risk and trial exposure — can materially influence defense strategy.
Strategic Early Representation in Broward Felony Cases
In the 17th Judicial Circuit, some of the most consequential decisions occur before formal charges are filed. Prosecutors review arrest affidavits, body-worn camera footage, witness statements, and available evidence to determine how a case will proceed.
Early defense intervention during this pre-filing stage may influence charging decisions, bond conditions, and whether diversion or alternative resolutions are considered. Once formal charges are filed, options may narrow and prosecutorial positions can harden.
Addressing evidentiary weaknesses at the outset can materially affect how a case is positioned in Circuit Court.
Potential Defenses in a Broward County Felony Case
Failure to Meet the Burden of Proof
The State must prove every element of the charged offense beyond a reasonable doubt. If even one element cannot be established, a jury must return a not guilty verdict.
- Insufficient evidence
- Lack of intent
- Weak or inconsistent witness testimony
- Improper identification
- Failure to establish possession or control
Constitutional Violations and Suppression Issues
Defendants charged with felony offenses are protected by both the United States Constitution and the Florida Constitution. When law enforcement exceeds constitutional limits, critical evidence may be excluded from trial.
- The presumption of innocence
- The right to counsel
- Protection against self-incrimination
- Miranda safeguards during custodial interrogation
- Protection against unreasonable search and seizure
- The right to a speedy trial
If evidence was obtained in violation of these protections, a motion to suppress may significantly weaken — or in some cases dismantle — the prosecution’s case.
Trial Readiness and Strategic Leverage
Every felony case is prepared with trial readiness in mind. While negotiated resolutions may be appropriate in certain circumstances, meaningful leverage in Broward felony divisions often comes from a demonstrated willingness and ability to litigate suppression issues and to proceed to a jury trial when necessary.
Strategic preparation signals to the prosecution that the defense is fully prepared to challenge the State’s evidence before a jury in the 17th Judicial Circuit.
Diversion Programs and Alternative Sentencing in Broward County
For certain first-time or non-violent felony offenders, the 17th Judicial Circuit offers diversionary programs.
- Pretrial Intervention (PTI)
- Drug Court
- Mental Health Court
- Veterans Treatment Court
- DUI Court
- Juvenile diversion programs
Successful completion of an approved Diversion Program may result in dismissal or reduction of charges.
Consequences of a Felony Conviction in Florida
If adjudicated guilty of a felony, the conviction cannot be sealed or expunged.
In addition to statutory maximum penalties, Florida felony sentencing is governed by the Criminal Punishment Code, which considers offense severity levels and prior record scoring. Sentencing exposure can vary significantly depending on how a case is scored under Florida’s Criminal Punishment Code.
Beyond incarceration, a felony conviction may impact professional licensing, immigration status, firearm possession rights under both Florida and federal law, and future sentencing exposure in any subsequent case.
- Loss of firearm rights
- Loss of voting rights (until restored)
- Driver’s license suspension
- Employment barriers
- Housing difficulties
- Professional license discipline
- Immigration consequences
- Long-term reputational damage
