Dealing in Stolen Property
The criminal offense of dealing in stolen property has been defined by the Florida Legislature pursuant to Section 812.019 as a second-degree felony. The elements of the charge include a requirement that the person charged with trafficking in stolen property either knew or should have known that the property was stolen.
In certain cases, the mere fact that the property was recently stolen can be used as evidence that the person who pawned or sold the item knows it was stolen. The second-degree felony offense of dealing in stolen property is punishable by up to fifteen (15) years of incarceration.
Under Florida Statute Section 812.019, it is a first-degree felony to finance, plan, initiate, organize, manage, direct, or supervise the theft of property and then traffic in such stolen property. The first-degree felony offense of dealing in stolen property is punishable by up to 30 years in prison.
Attorney for Dealing in Stolen Property in Tampa, FL
If you have been arrested for dealing in stolen property in Tampa, Hillsborough County, FL, then read this article by criminal defense attorneys at the Sammis Law Firm.
We represent clients throughout the Tampa Bay area, including Tampa in Hillsborough County, St. Petersburg and Clearwater in Pinellas County, New Port Richey and Dade City in Pasco County, and Brooksville in Hernando County, FL.
After an accusation of theft or possessing recently stolen property, act quickly to talk with an attorney. Find out what you need to do right now to protect yourself from these serious charges.
The prosecutor with the State Attorney’s Office will typically make a decision about whether to formally file the charges or not within 21 days after the arrest. By retaining an attorney quickly, you can preserve all avenues of attack.
Call (813) 250-0500 for a free consultation.
Dealing in Stolen Property – Use of the Internet
Pursuant to Florida Statute Section 812.0195, dealing in stolen property by use of the internet occurs when someone in Florida uses the internet to sell or offer for sale any items that the person knows or has reasonable cause to believe is stolen.
The possible punishments depend on the value of the property allegedly stolen:
- The crime is a second-degree misdemeanor if the value of the item is less than $300, which is punishable by 60 days in county jail.
- The crime is a first-degree misdemeanor if the item stolen is valued at more than $300, which is punishable by 12 months in county jail.
- The crime is a third-degree felony punishable by 5 years in Florida State Prison if the value of the item is more than $300.
Theft and Recently Stolen Property Inferences
Pursuant to Florida Statute Section 812.022, the Florida law provides certain inferences concerning evidence of theft or dealing in stolen property.
Under subsection 1, evidence that a person used false identification to lease personal property and then fails to return the leased property within three days of the termination of the leasing contract unless satisfactorily explained creates an inference that the property was obtained with the intent to commit the criminal offense of theft.
Under subsection 2, evidence that the defendant was in possession of the recently stolen property unless satisfactorily explained, creates an inference that the person knew or should have known that the property was stolen.
Under subsection 3, evidence that an item was purchased at a price well below fair market value unless satisfactorily explained, creates an inference that the person who bought the property knew or should have known that the property was stolen.
Under subsection 4, evidence that an item was bought or sold out of the regular course of business or without the normal proof of ownership unless satisfactorily explained, creates an inference that the person buying or selling the item knew or should have known that it was stolen.
Dealing in Stolen Property Defenses – Visit the website of the Florida Bar Journal to find an article explaining why criminal defense attorneys should be aware that double jeopardy prevents a conviction for both dealing in stolen property and the theft of property. Entering a negotiated plea to both grand theft and dealing in stolen property for one incident might lead to a claim of ineffective assistance of counsel. A better result occurs when the criminal defense attorneys negotiate a plea to only one or the other charge.
Finding a Lawyer for Dealing in Stolen Property in Tampa, FL
Our main office is located in downtown Tampa, FL. We also have a second office in New Port Richey directly across from the West Pasco Judicial Center. We fight these cases throughout Hillsborough County and the surrounding counties of Hernando County, Pasco County, Pinellas County, and Polk County.
Act quickly to preserve all avenues of fighting the charges. Call to speak with a criminal defense attorney at the Sammis Law Firm.
Call (813) 250-0500 today.
This article was last updated on Monday, August 21, 2023.