Dealing in Stolen Property in Florida
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We are your Criminal Defense Lawyers for Charges of Dealing in Stolen Property in Florida
Dealing in stolen property occurs when a person sells, transfers, distributes, or otherwise disposes of stolen property and the person knows, or has reason to know, that the property is in fact stolen.
To prove the crime of dealing in stolen property in Florida, the prosecution must prove beyond a reasonable doubt:
- The defendant trafficked in, or endeavored to traffic in, the alleged property;
- The defendant knew, or should have known, that the alleged property was in fact stolen.
What is Property in Florida?
“Property” means anything of value, and includes: real property (including things growing on, fixed to, and found on land), and tangible or intangible personal property, including rights, privileges, interests, claims, and services.
What is Stolen Property in Florida?
Stolen property is property that is the subject of criminally wrongful taking, or property offered for sale as stolen property.
What is Trafficking Stolen Property in Florida?
Trafficking in stolen property means the defendant sold, transferred, distributed, dispensed, or otherwise disposed of stolen property. This includes buying, selling, receiving, possessing, obtaining control, as well as use of property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of that property.
Penalties for Conviction of Dealing in Stolen Property
Dealing in stolen property is a second degree felony punishable by up to fifteen (15) years imprisonment, or fifteen (15) years of probation and a $10,000 fine.
Dealing in Stolen Property may be upgraded to a first degree felony punishable by up to thirty (30) years imprisonment when a person initiates, organizes, plans, finances, directs, manages, or supervises the theft of property, and then traffics in such stolen property.
Did the Defendant Know the Property was Stolen?
Although proof that the defendant knew the items were stolen is required, certain facts and circumstances give rise to an inference of knowledge. An inference means that the burden of production shifts to the defendant to explain how, under these facts, he was unaware that the property was stolen. Examples of proof of intent include:
- Possession of the recently stolen property unless satisfactorily explained.
- Purchase or sale at a price substantially below fair market value unless satisfactorily explained.
- Purchase or sale by a dealer out of the regular course of business or without the usual indicia of ownership other than mere possession.
- Proof that a dealer who regularly deals in used property possesses stolen property upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed.
- Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed.
Defenses to the Charge of Dealing in Stolen Property
There are many defenses available to challenge charges of dealing in stolen property. Common defenses include: lack of knowledge that an item had previously been stolen, pawning items at the request of another person without knowledge of the origin of the items, property not stolen, mistaken belief as to ownership, all satisfactory explanations to rebut inferences of knowledge that the property was stolen, belief that property was abandoned or a gift, false claims of ownership by the alleged victim, and lack of evidence that property was stolen.
Pretrial Intervention for Dealing in Stolen Property in Florida
A dealing in stolen property charge is a very serious matter and not every case will have a viable defense.
Early Negotiation is Critical in a Dealing in Stolen Property Defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
Call us even before you are charged if possible. We may be able to avoid charges being filed.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We are Miami Dade, Broward, and Palm Beach criminal defense lawyers.
Our Florida criminal lawyers represent clients charged with Dealing in Stolen Property in Broward County, Miami Dade County, and Palm Beach County.
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