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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, 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.

Charged as a Second Degree Felony - 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 know it was stolen. The second degree felony offense of dealing in stolen property is punishable by up to fifteen (15) years incarceration.

Charged as a First Degree Felony - Dealing in Stolen Property

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.

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 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 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.

Finding an Attorney for Dealing in Stolen Property Charges in Tampa, FL

If you have been arrested for any theft crime, felony grand theft, dealing in stolen property offense in Tampa or the surrounding areas, then contact us for a free consultation. 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.

Article last updated on Friday, August 14, 2015.