In Florida, dealing in stolen property is a serious criminal offense that involves trafficking or attempting to traffic stolen goods. The charges are not uncommon in Duval County.  This crime is defined under Florida Statutes § 812.019 and is considered a felony. The law distinguishes between two main forms of this offense: trafficking in stolen property and organizing or directing others to traffic in stolen property.

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Definition of Dealing in Stolen Property:

Dealing in stolen property occurs when a person:

1. Traffics in stolen property: This means selling, transferring, distributing, or disposing of property that the person knows or should know is stolen.

2. Organizes or directs others to traffic in stolen property: This involves orchestrating or managing the sale or distribution of stolen goods, which is considered a more serious offense.

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Key Elements of the Crime:

Knowledge: The person must knowingly deal in property that is stolen. If they were unaware that the property was stolen, this can serve as a defense.

Intent: There must be an intention to sell, distribute, or otherwise profit from the stolen property.

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Types of Dealing in Stolen Property Charges:

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1. Trafficking in Stolen Property:

Definition: Involves buying, selling, or otherwise dealing in property that the person knows or should reasonably know is stolen.

Penalties: This is classified as a **second-degree felony.

Prison Time: Up to 15 years in prison.

Probation: Up to 15 years of probation.

Fines: Up to $10,000.

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2. Organizing or Directing the Trafficking of Stolen Property:

Definition: Involves planning, organizing, or directing others to traffic in stolen property.

Penalties: This is classified as a first-degree felony.

Prison Time: Up to 30 years in prison.

Probation: Up to 30 years of probation.

Fines: Up to $10,000.

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Aggravating Factors:

Certain circumstances can lead to harsher penalties, such as:

 

High-Value Property: If the stolen property is of high value, the penalties may be more severe.

Repeat Offenders: Individuals with prior convictions for theft or related offenses may face enhanced penalties.

Multiple Items: If the offense involves a large quantity of stolen items, this can result in more serious charges.

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Defenses to Dealing in Stolen Property:

Several defenses may be available to someone charged with dealing in stolen property, including:

Lack of Knowledge: Arguing that the defendant did not know, and had no reason to know, that the property was stolen.

Entrapment: If law enforcement induced the defendant to commit the crime that they would not have otherwise committed.

Ownership Rights: Demonstrating that the defendant had a legitimate claim or ownership interest in the property.

Coercion or Duress: If the defendant was forced or threatened into trafficking the stolen property.

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Legal Consequences:

A conviction for dealing in stolen property can have serious long-term consequences, including a permanent felony record, loss of civil rights (such as the right to vote or possess firearms), and difficulty finding employment. Additionally, the court may order restitution to the victims for any financial losses.

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Restitution:

In addition to criminal penalties, the defendant may be ordered to pay restitution to the victims to compensate for the value of the stolen property.

 

Importance of Legal Representation:

Given the severity of the penalties for dealing in stolen property, it is crucial for anyone facing such charges to seek legal representation. An experienced criminal defense attorney can help evaluate the evidence, negotiate with prosecutors, and build a defense strategy to protect the defendant’s rights and minimize the impact of the charges.

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 ​If you are charged with Dealing in Stolen Property in Jacksonville you will need a skilled Duval County criminal defense lawyer by your side.  Call our office today.  Consultations are always free and always confidential.