Under Florida Statute 812.014, a theft conviction is a "crime of dishonesty" that can permanently impact your employment and reputation. As a former Broward prosecutor, Attorney Dave Simmons uses a 360-degree perspective to challenge the State's evidence and protect your future.
Property value under $750. Focus on Pre-Trial Diversion and protecting your permanent record.
Specialized defense for retail allegations and managing Civil Demand Letters from store counsel.
Felony charges for value over $750. High-stakes defense to challenge valuations and prevent conviction.
Florida Theft Law: F.S. 812.014 & 812.015 — Statutory Overview
Core Definition of Theft (F.S. 812.014)
Under Florida Statute 812.014, theft occurs when a person knowingly obtains or uses the property of another with the intent to either deprive the owner of the property (temporarily or permanently) or appropriate the property for unauthorized use. Because theft is a specific intent crime, the State must prove purposeful conduct—not mistake, accident, or misunderstanding.
Classification by Value
Florida classifies theft offenses primarily by the fair market value of the property at the time of the alleged offense:
- Petit Theft (Misdemeanor): Property valued under $750
- Grand Theft (Felony): Property valued at $750 or more
As value increases, so does felony exposure and potential sentencing consequences.
Retail Theft & Aggregation Rules (F.S. 812.015)
Retail theft cases are governed by a separate statute that significantly expands felony exposure in repeat-incident scenarios. Florida law permits prosecutors to aggregate multiple retail theft incidents occurring within a 120-day period. If the combined value reaches $750 or more, felony charges may apply—even if each individual incident would otherwise qualify as a misdemeanor.
Under prior law, aggregation was limited to a 30-day window.
The statute also allows felony prosecution when a person commits three or more retail theft offenses within a 120-day period and the number of items involved meets statutory thresholds, regardless of the value of any single incident. These provisions substantially increase charging leverage in organized or repeat retail theft investigations.
Elements the State Must Prove
To secure a conviction, prosecutors must establish beyond a reasonable doubt:
- Knowing conduct
- Property of another
- Specific intent to deprive
- Proper valuation supporting the charge level
In retail theft aggregation cases, the State must also establish that the alleged incidents fall within the statutory 120-day period.
Theft as a Crime of Dishonesty
Theft is legally categorized as a crime of dishonesty. A conviction can carry long-term collateral consequences, including disqualification from employment in finance, healthcare, and government; suspension or denial of professional licenses; immigration consequences; and permanent reputational harm.
Expungement & Diversion Eligibility
First-time offenders are often eligible for Pretrial Intervention (PTI) or diversion programs. Successful completion results in dismissal of charges. Because a dismissal is not a conviction, the individual may later petition to expunge the arrest record if otherwise eligible.
Understanding these elements is the critical first step in building an effective defense and protecting your future. Get the Skilled Defense You Need From a Fort Lauderdale Criminal Defense Attorney
Defense for Petit Theft, Grand Theft, and Shoplifting in Broward County
In Broward County, theft offenses are prosecuted under Florida Statutes 812.014 and 812.015. Because theft is legally classified as a "crime of dishonesty," a conviction triggers a permanent criminal record that can disqualify you from future employment and professional licensing — regardless of whether the charge is a misdemeanor or felony.
Before you ever appear in court, a theft arrest in Broward County can disrupt your life within hours — jeopardizing your current job, triggering aggressive Civil Demand Letters from retailers, and threatening your reputation before you have a chance to tell your side of the story:
- Employment Disqualification: Automatic red flags on background checks for finance, healthcare, and government positions
- Professional License Risks: Potential suspension or denial of licenses for nursing, real estate, and other regulated professions
- 120-Day Aggregation Penalties: Under Florida law, multiple minor retail incidents can be combined into a single felony charge
- Civil Demand Letters: Retailers may pursue financial demands through store counsel while your criminal case is still pending
- Immigration Consequences: Serious risks for non-citizens, as theft is frequently classified as a crime involving moral turpitude
Experience Matters: The Advantage of a Former Prosecutor
Fort Lauderdale theft crimes attorney Dave L. Simmons is a former Broward County Assistant State Attorney and Assistant Public Defender with 27 years of experience defending theft charges throughout the 17th Judicial Circuit. Having prosecuted and defended thousands of theft cases, he has a direct insider perspective on how the State evaluates evidence, challenges property valuations, and determines eligibility for Pre-Trial Diversion programs.
Early intervention — often before the State Attorney makes a formal filing decision — is the most effective way to protect your record and pursue a dismissal through diversion before the case gains momentum.
Why Clients Trust The Law Offices of Dave L. Simmons, P.A.?
Broward 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 4.9 — among the most respected attorney rating services in the country
- 200+ five-star client reviews
- Dave handles your case personally — not a paralegal or associate
- Extensive court room and trial experience
- Regular appearances before Broward County Circuit and County Court Judges
Don't let a theft charge define your future.
Call 954-765-3540 for a free, confidential consultation directly with Dave L. Simmons.
Table of Contents
- Florida Theft Law: F.S. 812.014 & 812.015 — Statutory Overview
- Defense for Petit Theft, Grand Theft, and Shoplifting in Broward County
- Why Clients Trust The Law Offices of Dave L. Simmons, P.A.?
- What is Considered Theft in Florida?
- What are the Consequences of a Theft Conviction?
- Why Choose the Law Offices of Dave L. Simmons, P.A. for your Theft Defense?
- How a Fort Lauderdale Theft Crimes Lawyer Can Help Your Case
- Pre-Trial Diversion Programs
What is Considered Theft in Florida?
Under Florida Statute 812.014, theft is defined as knowingly obtaining or using another person's property without permission, with the intent to deprive them of it either temporarily or permanently.
Because theft is a "specific intent" crime, the State must prove the following three elements:
- Knowledge: You knowingly obtained or used the property of another.
- Lack of Consent: You did not have the owner's permission to take or use the property.
- Specific Intent: You intended to deprive the owner of their right to the property or its benefits, or to appropriate the property for your own use.
In Florida, the classification of a theft crime—and the severity of the penalties you face—is primarily determined by the "Fair Market Value" of the property involved. The following table provides a clear breakdown of the statutory thresholds and maximum penalties under Florida Law:
Florida Theft Classifications & Penalties
| Degree of Theft | Property Value | Classification |
|---|---|---|
| Petit Theft (2nd Degree) | Under $100 | 2nd Degree Misdemeanor |
| Petit Theft (1st Degree) | $100 – $749 | 1st Degree Misdemeanor |
| Grand Theft (3rd Degree) | $750 – $20,000 | 3rd Degree Felony |
| Grand Theft (2nd Degree) | $20,000 – $100,000 | 2nd Degree Felony |
| Grand Theft (1st Degree) | Over $100,000 | 1st Degree Felony |
What is Petit Theft?
Petit theft involves theft of property worth less than $750 and is typically charged as a misdemeanor.
- Property valued at less than $100: If the property in question is valued at less than $100, the charge is considered petty theft and is classified as a second-degree misdemeanor theft. Penalties for this second-degree misdemeanor can include up to 60 days in jail and a $500 fine.
- Property valued between $100 but less than $750: If the property is valued between $100 and $750, the charge is considered a first-degree misdemeanor. Penalties for a first-degree misdemeanor can include up to one year in jail, higher fines, and other potential penalties.
If you have been charged with Petit Theft in Broward County, visit our dedicated Fort Lauderdale Petit Theft Lawyer page for detailed information about defenses, diversion programs, and strategic case evaluation.
What is Grand Theft?
Grand theft involves the theft of property valued at more than $750 and is charged as a felony.
- Grand theft in the third degree: This felony involves theft of property valued between $750 and $20,000 and is punishable by up to 5 years in Florida state prison, up to five years of probation, and fines up to $5,000.
- Grand theft in the second degree: This charge applies to property valued between $20,000 and $100,000, up to 15 years in Florida state prison, up to 15 years of probation, and fines up to $10,000.
- Grand theft in the first degree: This felony involves property valued at $100,000 or more and carries penalties of up to 30 years in Florida state prison, up to 30 years of probation, and fines of up to $10,000.
Because a felony conviction carries life-altering consequences, if you have been charged with Grand Theft, visit our dedicated Fort Lauderdale Grand Theft Lawyer page for detailed information about defense, diversion programs, and case evaluation.
What is Shoplifting or Retail Theft?
Shoplifting, also known as retail theft, is one of Florida’s most common theft charges. This occurs when an individual takes merchandise from a store with the intent to deprive the retailer of its value for their own use.
Retail theft can involve actions such as:
- Removing or concealing items
- Altering price tags
- Transferring merchandise to different containers
- Failing to pay for items at checkout
The penalties for shoplifting depend on the value of the merchandise and are set forth in Florida Statute 812.015. However, the Broward State Attorney's Office often charges Retail Theft under F.S. 812.014 – Petit Theft, a misdemeanor.
Retail Theft Charge Enhancements (F.S. 812.015)
Retail theft (shoplifting) cases are governed by a separate statute that can significantly increase the risk of felony exposure in repeat-offense scenarios. Under F.S. 812.015, prosecutors may aggregate (combine) multiple retail theft incidents committed within a 120-day period. If the combined value reaches $750 or more, felony charges may apply—even if each individual incident would otherwise qualify as a misdemeanor.
Prior law limited aggregation to a 30-day window.
The statute also allows felony prosecution when a person commits three or more retail theft offenses within a 120-day period, and the number of items involved meets statutory thresholds, regardless of the value of any single incident.
A retail theft arrest doesn't have to result in a permanent record. If you have been charged with retail theft or shoplifting, visit our dedicated Fort Lauderdale Shoplifting Lawyer page for detailed information about defenses, diversion programs, and case evaluation.
Knowing the potential consequences, it is essential to choose the right legal representation for your defense.
What are the Consequences of a Theft Conviction?
A theft conviction carries far-reaching consequences that extend well beyond the courtroom. In Florida, theft is legally classified as a "Crime of Dishonesty," a label that can follow you for the rest of your life.
1. Immediate Criminal Penalties
The Broward County court system may impose several direct penalties depending on the severity of the charge:
- Jail or Prison Time: Ranging from 60 days for petty theft to 30 years for first-degree grand theft.
- Probation: Lengthy court-ordered supervision and reporting requirements.
- Restitution: Being legally required to pay the victim back for the value of the property.
- Fines & Court Costs: Significant financial burdens that increase with the degree of the crime.
2. The Lifelong "Collateral Damage"
For many, the most devastating impact isn't the fine—it's the permanent criminal record. As a "Crime of Dishonesty," a conviction creates massive hurdles in your daily life:
Why Choose the Law Offices of Dave L. Simmons, P.A. for your Theft Defense?
- Our Primary Goal is to have your Case Dismissed or the Charge Reduced to a Lesser Offense. We won't accept the first plea offer and move on. We'll thoroughly review your case and explore every available defense to achieve the best outcome. As a former Broward State Attorney, Mr. Simmons was responsible for filing and prosecuting theft-related cases and knows the process inside and out; he will leverage this insider knowledge as your attorney.
- A Track Record of Trial Experience: We will prepare your case for trial and be willing to go to trial to achieve the desired results. As a former Broward Prosecutor and Public Defender, Mr. Simmons has a track record of success before Broward juries and judges.
- Personalized Defense Strategies: We will evaluate each case on its merits and tailor a defense to each case, drawing on decades of experience representing individuals facing theft-related charges. Whether it is a Petit Theft/Shoplifting, a more serious Grand Theft, we understand what's at stake and will work tirelessly to achieve the desired result.
- Clear Communication: You will always have access to Dave Simmons, with clear, consistent communication.
How a Fort Lauderdale Theft Crimes Lawyer Can Help Your Case
If you are accused of a theft crime, you might feel pressured to take a plea deal or be unsure how to defend yourself. Prosecutors are trained to build the strongest possible case and have the resources and experience to seek the maximum penalties. Our law firm has experience handling a wide range of criminal cases, including Broward theft charges, and can provide the skilled representation you need.
Fort Lauderdale theft crimes lawyer, Dave L. Simmons, can help your case in the following ways:
Challenging the Evidence
One of the most important steps in any defense is thoroughly examining the evidence. Your Fort Lauderdale theft crimes lawyer will scrutinize every detail to find weaknesses in the prosecution’s case and force a dismissal or reduced charges.
Negotiating with Prosecutors
Having served as a prosecutor, attorney Dave L. Simmons knows how to negotiate effectively and understands how the other side thinks. He’s familiar with the 17th Judicial Circuit Court system and has built relationships with judges and prosecutors over the years. This experience can be invaluable in getting charges reduced, cases dismissed, or negotiating a plea deal that minimizes the impact on your life.
Advocating for Alternative Sentencing
If a conviction seems unavoidable, your experienced criminal defense lawyer will advocate for alternative sentencing options, such as diversion programs, community service, or probation. Even when there is substantial evidence, an experienced criminal defense lawyer can advocate for alternative outcomes. These options can help you avoid jail time and keep a Broward theft crime conviction off your record.
Defense Strategies
There are many effective defense strategies that an experienced Fort Lauderdale theft crime lawyer will employ to seek dismissal of the case or reduction of the charges to a lesser offense.
Common defenses and defense strategies against theft charges include:
- Challenging the prosecution's evidence
- Demonstrating a lack of intent
- Misunderstanding
- Challenging witness credibility
An experienced criminal defense attorney will seek out any pretrial motions, and they will look to see if any of the following can be raised as effective defenses:
- Customers mistakenly leaving the store with merchandise
- Customers forgetting about items placed in the cart
- Exiting the store for purposes other than to steal, in order to retrieve a wallet or purse
- Only a momentary and brief deprivation of property
- Being set up by a co-defendant
- Poor video quality resulting in a factual dispute
If you are eligible, pre-trial diversion programs may offer an alternative to traditional prosecution.
Pre-Trial Diversion Programs
The Broward State Attorney's Office offers two types of diversion programs for first-time offenders:
- Misdemeanor Diversion Program (MDP): Available for misdemeanors, including Petit Theft.
- Felony Pre-Trial Diversion Program: Available for many felony offenses, including Grand Theft.
The process generally involves:
- Completing community service hours over a specified period of time
- Paying program fees
- Attending educational classes
Once completed, the charges are dismissed by the State and can later be expunged if otherwise eligible. This may prove to be a viable option if the evidence in the case is substantial.
