Being charged with dealing in stolen property in Florida is a serious matter that can have life-altering consequences. Whether you’ve been falsely accused, caught in a misunderstanding, or are facing a first-time felony, understanding the nature of the charge—and how to fight it—is critical.
This article explains what dealing in stolen property means under Florida law, the penalties you could face, and how an experienced Tampa, FL criminal defense lawyer can help protect your future.
What Is “Dealing In Stolen Property” Under Florida Law?
Florida Statutes § 812.019 makes it a crime to traffick in or endeavor to traffic in property that you know — or should know — is stolen. In simpler terms, you can be charged if you sell, pawn, trade, or attempt to move stolen goods, even if you didn’t personally steal them. You can also be charged with federal theft depending on your case.
There are two ways you can be charged:
1. Dealing in Stolen Property (Standard Charge)
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- Knowingly trafficking in stolen property
- Second-degree felony – punishable by up to 15 years in prison
2. Dealing in Stolen Property by Organizing (Aggravated Charge)
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- Initiating, organizing, planning, or supervising the theft and trafficking of stolen property
- First-degree felony – punishable by up to 30 years in prison
Key Definitions
- “Traffic” means to sell, transfer, distribute, or otherwise dispose of property — or to buy, receive, or possess it with intent to sell.
- “Stolen Property” refers to anything taken through theft, robbery, burglary, or fraud.
You don’t have to be caught red-handed with stolen items. The prosecution may try to use a type of evidence such as circumstantial evidence — like a quick resale, lack of a receipt, or inconsistent statements — to suggest you knew the property was stolen.
What The Prosecutor Must Prove
To convict you, the state must prove beyond a reasonable doubt that:
- You trafficked or attempted to traffic in property, and
- You knew or should have known the property was stolen
The “knew or should have known” part is where many cases turn. This is where a skilled attorney can challenge the state’s assumptions, evidence, and witness credibility.
Common Defenses To Dealing In Stolen Property
Every case is unique, but here are several potential defenses:
- Lack Of Knowledge: You didn’t know — and had no reason to know — the property was stolen.
- No Intent To Traffic: You possessed the item but never tried to sell or distribute it.
- Mistaken Identity: You’ve been misidentified or wrongfully accused.
- Lawful Ownership: You obtained the property legally, with proof of purchase or permission.
Real-World Scenarios
Common examples of how these charges arise include:
- Pawning an item that was reported stolen
- Selling electronics or tools you received from someone else
- Being caught with stolen items from a burglary you weren’t involved in
- Posting stolen goods for sale online or on social media marketplaces
Sometimes, people are charged simply for being in the wrong place at the wrong time — or for selling items they didn’t realize were stolen.
Why You Need A Criminal Lawyer
Florida prosecutors take dealing in stolen property very seriously. These are felony charges that can lead to prison time, a permanent criminal record, loss of civil rights, and damage to your career or reputation.
A qualified defense attorney will:
- Review the evidence for weaknesses
- Challenge any illegal searches or seizures
- Argue for reduced charges or dismissal
- Represent you in court and protect your rights
Don’t Face These Charges Alone
If you’ve been arrested or are under investigation for dealing in stolen property, call Stechschulte Nell and our lawyers who have been rated by Super Lawyer today for a confidential consultation. We have experience defending clients against theft-related charges across Florida and will fight to protect your rights, freedom, and future.
