Florida Dealing in Stolen Property

Tampa Stolen Property Attorney

If you have been arrested for the criminal offense of dealing in stolen property contact an attorney for theft crimes to discuss the possible facts of your case.

We handle dealing in stolen property offenses throughout the Tampa Bay area including Tampa in Hillsborough County, Bradenton in Manatee County, Sarasota County, St. Petersburg and Clearwater in Pinellas County, Bartow in Polk County and New Port Richey and Dade City in Pasco County.

Dealing in Stolen Property - Second Degree Felony

The criminal offense of dealing in stolen property has been defined by the Florida Legislature pursuant to Florida Statutes Section 812.019 as a second degree felony if a person traffics in property that he knows or should know 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 know it was stolen.

The second degree felony offense of dealing in stolen property is punishable by up to 15 years in Florida State Prison. 

Dealing in Stolen Property - First Degree Felony

Under Florida Statute Secton 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 Florida State Prison. 

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 law in Florida provides for 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 leased property within 3 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 recently stolen property, unless satisfactorily explained, creates an inference that the person knew or should have know that the property was stolen.

Under subsection 3, evidence that an item was purcahsed 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 know 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 know or should have known that it was stolen.

Fighting the Accusation

If you have been arrested for any theft or dealing in stolen property offense in Tampa, St. Petersburg or Clearwater, contact an experienced Tampa Theft Attorney to discuss your case.  We handled dealing in stolen property cases throughout the Tampa Bay area including Pinellas, Hillsborough, Polk, Pasco, Manatee and Sarasota County.