Dealing in Stolen Property Florida
Florida Statute 812.09 states:
“Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree. “
Dealing in Stolen Property most commonly occurs when a person pawns stolen property to a pawn shop. Dealing in Stolen Property charges are regularly accompanied by a charge of Providing False Information to a Pawn Broker.
Definition of Dealing in Stolen Property
The prosecutor must prove the following two elements beyond a reasonable doubt at trial to prove the crime of Dealing in Stolen Property.
- The Defendant trafficked in or endeavored to traffic in the property, and;
- The Defendant knew or should have known that the property was stolen.
If the prosecutor cannot prove the elements beyond a reasonable doubt to a jury at trial, the defendant is Not Guilty.
What is Property, Stolen Property and Trafficking?
“Property” means anything of value, and includes:
- Real property, including things growing on, affixed to and found in land;
- Tangible or intangible personal property, including rights, privileges, interests and claims, and services
“Stolen Property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to the Defendant as stolen property.
- To sell, transfer, distribute, dispense or otherwise dispose of property; and
- To buy receive possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property.
Penalties for Dealing in Stolen Property
Dealing in Stolen Property is a second degree felony, punishable by any combination of the following:
- 15 years in state prison
- 15 years of probation
- $10,000 fine.
Defenses to Dealing in Stolen Property
The most common defense to Dealing in Stolen Property occurs when the defendant asserts he or she did not know that the property was stolen.
Additionally, most stolen property transactions occur between a person and a pawn shop. In this type of case, the State typically proves their case by presenting evidence that the Defendant pawned stolen property and that the Defendant was the person who pawned the property. The State would need the real owner to come to court and testify that the property was his or hers. This is often a problem for the State, because many witnesses are unreliable for many reasons. The State also has to prove that the Defendant was the one who pawned the item or items. The State typically relies on fingerprint evidence, but fingerprints are not as reliable as DNA.
Dealing in Stolen Property and Grand Theft
The State may charge a Defendant with both Grand Theft and Dealing in Stolen Property in connection with one course or scheme of conduct, but the jury can only return a verdict of guilty on either Dealing in Stolen Property or Grand Theft, not both.
If you have been arrested or charged with Dealing in Stolen Property in Palm Beach County, Broward County, or Martin County, call a Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.