In Florida, dealing in stolen property is a serious offense that carries significant legal consequences. The state’s stringent laws aim to deter individuals from engaging in activities related to the buying, selling, or distribution of stolen goods. Understanding the legal framework surrounding these penalties is crucial for anyone facing such charges or looking to understand their rights under Florida law. This article explores the intricacies of dealing in stolen property penalties in Florida, providing insights into the legal processes and potential outcomes for those involved in such cases.
Don’t let charges of dealing in stolen property in Florida overwhelm you. Contact The Law Place today for a free consultation. Our skilled Florida criminal defense lawyers are well-versed in state laws and can provide the robust defense you need to address these serious allegations. Let us help you understand your legal options and work towards the best possible outcome for your case. Call today for a free consultation.
What is Dealing in Stolen Property?
Dealing in stolen property in Florida is a serious crime, however in some instances a person who had no idea they were dealing in stolen property – and who has never been in trouble with the law before – can find themselves in legal hot water.
Under Florida law, it is a criminal offense for any person to deal in property he or she knows – or reasonably should know – is stolen. The crime is a second-degree felony under Florida statute 812.019(1), with severe penalties up to 15 years in prison. When a person is accused of distributing, transferring, selling or otherwise disposing of stolen property, the Florida prosecutor must establish the following two elements beyond a reasonable doubt:
- The accused attempted to traffic in or endeavored to traffic in the alleged stolen property and
- The accused knew, or should have known, the property was stolen.
Defining Property, Trafficking and the Usual Cause of Dealing in Stolen Property Charges
Anything of value, including real property is encompassed by the term “property.” This can include anything which grows on, is affixed to, or is found on land, as well as tangible or intangible personal property. Included with tangible or intangible personal property are the claims, services, interests, rights or privileges associated with that property.
“Trafficking” means you sold or otherwise disposed of the property, or that you bought, sold, received, possessed, obtained control of, or used the property in question with a clear intention of selling, transferring, distributing, dispensing or otherwise disposing of the property. By and large, dealing in stolen property charges are usually leveled at those who pawn items for cash. Since wealthy people go to the bank if they need money, such charges are disproportionately leveled at the poor.
Strangely, as a crime which is a second degree felony and can result in up to 15 years in prison, and a fine as large as $10,000, the value of the property is not part of the equation—pawning a stolen $15 ring is the same crime as pawning a stolen $40,000 ring. One of the key factors involved in the Florida crime of dealing in stolen property hinges on the defendant’s explanation of how he or she came to possess the stolen items.
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Isn’t Proof of Knowledge the Items Were Stolen Required?
In fact, a required element in the prosecution of the crime Dealing in Stolen Property, is proof of knowledge the items were stolen, however that “proof” can be inferred.
- Unless there is a satisfactory explanation to indicate otherwise, possession of recently stolen property infers the defendant knew or should have known the property was stolen.
- Unless there is a satisfactory explanation to indicate otherwise, the purchase or sale of the stolen property at a price which is significantly below fair market value will infer the defendant knew or should have known the property was stolen.
- In the context of a stolen motor vehicle, if the ignition mechanism has been bypassed, then it can be inferred—absent a satisfactory explanation by the defendant—that the defendant knew or should have known the vehicle was stolen.
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Penalties Associated with Dealing in Stolen Property
The Florida Department of Corrections released Florida sentencing guidelines in the form of a scoresheet preparation manual. When a person is arrested for a felony crime, that crime is assigned a certain level as a primary offense. The level is then assigned a specific number of points. Should the defendant score above 44 points, he or she will be sentenced to time in a Florida state prison for a certain number of months—unless the Judge makes the decision to adjust the number of months downward, based on mitigating circumstances.
Dealing in stolen property is a level 5 offense, and a second-degree felony (with a level 10 offense being the most serious). A level 5 offense, under the scoresheet preparation manual’s sentencing guidelines, is assigned 28 points. Each additional offense charged at the same time will add 5.6 points per offense for the level five offense. A prior criminal record can add additional points to that total, and a legal status violation will add an additional four points (escape, fleeing, failure to appear, incarceration, pretrial intervention or diversion program, etc.).
Thirty points can be added to the total for a prior serious felony conviction. Enhancements can also add additional points. The basic formula is total points minus 28 x .75 = total number of months in prison. Therefore, as an example, a conviction for dealing in stolen property, which had three additional offenses, a prior criminal record on the part of the defendant and a prior serious felony conviction could look something like this: 28 + 5.6 + 5.6 + 5.6 + 3.6 + 30 = 78.4 – 28 = 50.4 x .75 = 37.8 months in state prison.
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Potential Defenses to the Crime of Dealing in Stolen Property
Of course the defense used to combat your charges of dealing in stolen property will depend on the circumstances and facts surrounding your case. There are, however a number of potential defenses your attorney may implement in your defense, such as:
- You truly lacked the knowledge that the item in question had been stolen;
- You were pawning items for another person, and were not aware the items had been stolen;
- The property in question was not “trafficked,” under the meaning of the Florida statute;
- You believed you had the right to sell or dispose of the property;
- The property in question was not stolen;
- You had a credible belief the property in question was given to you or was abandoned;
- There is a mistaken identity issue as relates to the property in question;
- The alleged victim in the case made false claims regarding his or her ownership of the property in question;
- There is insufficient evidence to support the claim the property was stolen, and
- You have a satisfactory explanation which rebuts the inference of “knowledge” of the stolen property.
Why You Should Never Attempt to Explain Your Way Out of Stolen Property Charges
The number one thing you should remember if you are arrested for dealing in stolen property is to take your right to remain silent very seriously. Beyond politely giving your name and address to the police officers, you are not required to say another word other than “I want an attorney.” The police officer is almost certainly hoping you will waive your right to remain silent and attempt to “explain” why you were not dealing in stolen property.
When this explanation is given without your attorney present, anything you say is likely to be taken out of context and will almost certainly used against you. The good news is that dealing in stolen property charges are very defendable by an experienced attorney. If you can offer an explanation as to why you were in possession of stolen goods, and that explanation is reasonable, your attorney may be able to have the charges dismissed entirely.
Obtaining Experienced Legal Assistance for Your Charges
It is understandable that you are scared and worried about your future after being arrested for dealing in stolen property. Having a highly experienced attorney from The Law Place by your side from start to finish gives you a much better chance of a positive outcome. Through early intervention on your behalf, your attorney may be able to convince the prosecutor to amend the charge of dealing in stolen property to a lesser offense, or to drop the charges entirely.
Our firm will provide you with an aggressive criminal defense; we are committed to depending every client vigorously, while keeping you informed every step of the way. Contact The Law Place today for the zealous defense you deserve.
Florida Criminal Scoresheet Calculator
The Law Place has created a sample scoresheet which allows an individual to determine their sentence points. This calculator will help someone determine if they “score” Florida State Prison. The calculator can be found HERE
Dealing in Stolen Property Penalty in Florida, FAQ
What constitutes dealing in such stolen property under Florida law?
Under Florida statutes, dealing in stolen property involves trafficking or endeavoring to traffic property that an individual knows or should know was obtained through criminally wrongful taking. This includes buying, selling, distributing, or otherwise obtaining control over stolen property.
What are the legal consequences in Florida if a defendant trafficked in stolen property?
In Florida, if you have trafficked in or attempted to traffic stolen property, then you will face serious legal consequences. Under Florida statutes, trafficking stolen property is considered a criminal offense. It is typically classified as a second-degree felony, which can result in up to 15 years in prison, 15 years of probation, and up to $10,000 in fines. However, certain factual scenarios can elevate the charge to a first-degree felony.
What does it mean if a defendant trafficked in stolen property?
If a defendant trafficked in stolen property, it means they knowingly sold, transferred, distributed, or disposed of stolen property while being aware or should have been aware of its stolen nature. Trafficking can also involve buying or possessing stolen property with the intent to sell it.
How does Florida law define a first-degree felony in cases of dealing in stolen property?
In Florida, dealing in stolen property can be elevated to a first-degree felony if the defendant actively organized, planned, or initiated the theft and then trafficked the stolen property. This level of involvement results in harsher penalties, including up to 30 years in prison.
What defenses are available for someone accused of dealing in property stolen in Florida?
Defenses may include lack of knowledge that the property was stolen, a bona fide good faith belief that the property was legally obtained, or that the defendant had legal ownership or right to sell the property. The specific defense will depend on the circumstances of the case.
How does the concept of ‘obtain control’ apply in cases of dealing in stolen property?
To ‘obtain control’ refers to exercising power and authority over stolen property. In legal terms, this can involve actions like selling, holding, or transporting the property. The prosecution must prove that the defendant had control over the property and knew of its stolen status.
What is meant by ‘criminally wrongful taking’ in the context of stolen property?
‘Criminally wrongful taking’ refers to the illegal acquisition of property, such as through theft, burglary, or robbery. It implies that the property in question was obtained through unlawful means, which is a key element in charges of dealing in stolen property.
What happens if a defendant sold stolen property without knowing it was stolen?
If a defendant sold stolen property without knowing it was stolen, they might have a valid defense against charges of dealing in stolen property. However, the defendant must prove that they had no reason to believe the property was obtained through criminally wrongful acts.
Are there any specific laws in central Florida that differ from the general Florida statutes regarding stolen property?
While central Florida follows the general Florida statutes regarding stolen property, local law enforcement practices and judicial proceedings may vary. It’s important to consult with a local attorney who understands both the statewide laws and the local legal landscape.
What should a person do if they are accused of dealing in stolen property in Florida?
If a person sells or is found in possession of stolen property and faces accusations, it’s crucial to seek legal representation immediately. An experienced attorney can help navigate the legal system, develop a defense strategy, and work to protect the accused person’s rights throughout the process.
Speak to The Law Place in a Free Consultation Today
Dealing with charges of dealing in stolen property in Florida can be daunting, but understanding your legal rights and options is the first step towards navigating these challenges. Penalties for such offenses can be severe, impacting your freedom, reputation, and future. However, with the right legal representation, you can fight for a fair and just resolution.
If you’re facing charges or have questions about dealing in stolen property penalties in Florida, don’t hesitate to reach out for help. The Law Place is committed to providing comprehensive legal support to ensure your case is handled with the care and attention it deserves. Contact us today to schedule your free consultation and take the first step towards securing your legal defense with a team that stands by your side.
