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A conviction of dealing in stolen property in Florida can have severe and long-lasting penalties, which is why it’s crucial to have an experienced criminal defense lawyer on your side. At Frost Law, we are committed to defending your rights and as a former prosecutor, Attorney Frost can help you navigate the legal system and achieve the best outcome for your case and protect your rights.
People typically know dealing in stolen property as “fencing” or “trafficking.” Theft charges might affect a person in Florida, but the stakes are higher when you’re accused of possessing stolen property because you are dealing it. This implies that you’re involved in criminal activity for a business purpose, and the penalties can be stiffer than a simple petit theft or even a grand theft allegation.
If you’re convicted, a charge of dealing in stolen property might follow you for years. With so much based on the outcome of your dealing in a stolen property case, don’t wait to talk to a lawyer in Orlando about how to fight it off.
Defending cases related to Dealing in Stolen Property in Florida, our legal team specializes in a wide range of charges. Whether you’re facing accusations of trafficking in stolen goods, selling stolen property, or any related offenses, our experienced attorneys have a proven track record in handling such cases.
Dealing with stolen property involves the selling, transfer, distribution, or disposal of stolen property. It is categorized as a second-degree felony with a Level 5 offense severity ranking according to Florida’s Criminal Punishment Code.
If convicted of Dealing in Stolen Property, a judge can impose up to fifteen (15) years in prison.
In the state of Florida, Dealing in Stolen Property is a criminal offense outlined in Section 812.019 of the Florida Statutes. When an individual sells, transfers, distributes, or disposes of stolen property, they commit this offense.
To secure a conviction for Dealing in Stolen Property, the prosecution must establish two key elements beyond a reasonable doubt:
The term “property” encompasses anything of value, including real property, tangible or intangible personal property, and various rights, privileges, interests, claims, and services. “Stolen property” refers to anything criminally wrongfully taken or offered for sale as stolen property.
Dealing in Stolen Property is classified as a second-degree felony in Florida, carrying severe penalties, including up to 15 years of imprisonment, 15 years of probation, and/or a $10,000 fine.
In cases where an individual initiates, organizes, plans, finances, directs, manages, or services the theft of property before trafficking it, the charge may be elevated to a first-degree felony, punishable by up to 30 years of imprisonment.
Several different defenses may come into play when it comes to possessing or dealing with stolen property. Some of the most common defenses include that the property was not stolen, that the property was never trafficked within the meaning of the Florida statute, that there was a mistaken identity as to the property, there was a lack of evidence that the property was stolen, to begin with, that a person was pawning items at the request of another individual without knowing about the origin of the items, believes that the property was gifted or abandoned or satisfactory explanation to rebut the inferences of knowledge.
All of these are complicated issues; you can expect that the prosecution will do everything in its power to convict someone allegedly involved in dealing with stolen property. For this reason, you need to take your case seriously and retain an Orlando criminal defense attorney as soon as possible.
Effectively defending against a Dealing in Stolen Property charge necessitates a thorough understanding of the legal nuances and potential rebuttable inferences. Our skilled defense strategies encompass a variety of approaches, including:
Lack of Knowledge: Demonstrating that the accused did not know that the item was previously stolen.
Third-Party Pawn: Establishing that the accused pawned items at the request of another person without knowledge of the items’ origin.
Legal Definition: Arguing that the property did not meet the legal definition of as outlined in the statute.
Property Not Stolen: Asserting that the property in question was not stolen.
Mistaken Belief: Proving that the accused had a mistaken belief regarding their right to dispose of the property.
Rebutting Inferences: Providing a satisfactory explanation to counter inferences of knowledge from certain factual scenarios.
Abandonment or Gift: Arguing that the accused believed the property was abandoned or gifted.
Mistaken Identity: Establishing that there was a mistaken identity as to the property in question.
False Claims to Ownership: Demonstrating that the alleged victim falsely claimed property ownership.
Lack of Evidence: Challenging the prosecution’s case by highlighting a lack of evidence proving that the property was stolen.
Any situation that leads to you being accused of dealing in stolen property in Orlando should prompt you to consult an experienced criminal defense attorney immediately. With so many questions that will need to be answered by someone who cares about your future, you need to consult with a lawyer immediately.
The prosecution bears the burden of proof in illustrating at trial that the person accused of dealing in stolen property endeavored to traffic an alleged property or trafficked in it and that he or she should have known or known that the property was indeed stolen.
Stolen property means that the property in and of itself has been the subject of wrongful taking or was offered for sale to the defendant as stolen property.
This is an important distinction for anyone who has been accused of dealing in stolen property to realize because they may not have been one attempting to profit off the stolen property but rather to receive the benefit of purchasing this stolen property.
The penalties can be very severe. Proof of knowledge that the items were stolen is crucial in prosecuting a dealing in stolen property charge. However, factual scenarios will also raise the issue of inference of knowledge. Your Orlando criminal defense attorney can help tell you more about this issue.
Frost Law is dedicated to defending individuals facing criminal charges in Central Florida. With our experienced legal team, you can access a wealth of knowledge, resources, and effective defense strategies tailored to your specific case.
Attorney Frost provides strategic and personalized representation, guiding you through the legal process with expertise and compassion.
If you or someone you know is facing a charge of dealing with stolen property, don’t wait to talk to an attorney. Speak to a skilled trial attorney and former prosecutor today. For a free consultation, call (407) 670-5569.
“Trafficking” includes selling, transferring, distributing, dispensing, or disposing of property. It also encompasses buying, selling, receiving, possessing, obtaining control of, or using property intending to sell, transfer, distribute, dispense, or otherwise dispose of it.
Dealing with Stolen Property charges, certain scenarios may lead to an inference of knowledge. For instance, possessing recently stolen property, unless satisfactorily explained, can give rise to such an inference.
The charge is a second-degree felony, carrying penalties of up to 15 years in prison, 15 years of probation, and a $10,000 fine. In aggravated cases, it may be elevated to a first-degree felony with a maximum penalty of 30 years imprisonment.
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