Florida Dealing in Stolen Property Lawyer
Being accused of dealing in stolen property is a serious criminal charge that can result in significant fines, imprisonment, and a permanent criminal record that affects your future employment, housing, and reputation. Whether you’re facing charges related to buying, selling, trafficking, or possessing stolen goods, you need experienced legal representation to protect your rights and freedom. At Daniel J. Fernandez, P.A., our skilled Tampa criminal defense attorneys have over 43 years of experience defending clients against dealing in stolen property charges throughout Florida.
Understanding Florida’s Dealing in Stolen Property Laws
Florida Statute 812.019 defines dealing in stolen property as knowingly trafficking in, or endeavoring to traffic in, property that you know or should reasonably know was stolen. The prosecution must prove several key elements to secure a conviction, including that the property was actually stolen, that you knew or reasonably should have known it was stolen, and that you engaged in trafficking the property with intent to benefit yourself or another person.
The charges can range from misdemeanor to felony depending on the value of the property involved. If the stolen property is valued at less than $300, you may face a first-degree misdemeanor punishable by up to one year in jail and fines up to $1,000. However, when the property value exceeds $300, the charge becomes a felony with increasingly severe penalties. Property valued between $300 and $20,000 constitutes a third-degree felony, while property worth $20,000 to $100,000 is a second-degree felony, and anything over $100,000 becomes a first-degree felony with potential sentences of up to 30 years in prison.
Florida law also includes specific provisions for organized dealing in stolen property, which applies when someone organizes, plans, finances, directs, manages, or supervises the theft and resale of stolen goods. This enhanced charge carries even more severe penalties and often involves complex investigations by multiple law enforcement agencies across Tampa Bay and surrounding counties.
Common Defenses Against Stolen Property Charges
Defending against dealing in stolen property charges requires a thorough understanding of both the law and the specific circumstances of your case. Our experienced Tampa criminal defense team has successfully defended over 500 clients in trial and understands the most effective defense strategies for these complex cases.
Lack of knowledge is often the strongest defense in stolen property cases. The prosecution must prove beyond a reasonable doubt that you knew or reasonably should have known the property was stolen. If you purchased items through legitimate channels, paid fair market value, or had no reason to suspect the property’s criminal origin, this can form the foundation of a solid defense strategy.
Challenging the alleged value of the property is another crucial defense approach. Since penalties increase dramatically based on property value, disputing appraisals or demonstrating that items were damaged, outdated, or worth less than claimed can significantly reduce potential penalties. Our legal team works with qualified appraisers and experts to ensure accurate valuations that protect our clients’ interests.
In cases involving online sales platforms, pawn shops, or flea markets around Tampa, establishing that you followed proper business practices and verification procedures can demonstrate good faith efforts to avoid dealing in stolen goods. Many legitimate business owners find themselves facing these charges simply because they unknowingly purchased stolen merchandise through normal business channels.
The Investigation and Legal Process
Dealing in stolen property cases often involve extensive investigations by local law enforcement, including the Tampa Police Department, Hillsborough County Sheriff’s Office, and sometimes federal agencies when cases cross state lines. These investigations may include surveillance, undercover operations, search warrants, and digital forensics of phones, computers, and online accounts.
Law enforcement agencies frequently target popular areas like the Florida State Fairgrounds, local flea markets, and online marketplace transactions. They may also focus on businesses along major corridors such as Dale Mabry Highway, Florida Avenue, or Hillsborough Avenue where high volumes of second-hand goods change hands regularly.
If you’re under investigation or have been arrested, it’s crucial to exercise your right to remain silent and request an attorney immediately. Our firm is available 24/7 to provide immediate representation and guidance during this critical time. With our former prosecutor experience, we understand law enforcement tactics and can anticipate prosecution strategies to build the strongest possible defense.
The legal process typically begins with an arrest or notice to appear, followed by an initial appearance before a judge at the Hillsborough County Courthouse located at 800 East Twiggs Street in downtown Tampa. During these early stages, our attorneys work to secure reasonable bail conditions and begin investigating the case to identify weaknesses in the prosecution’s evidence.
Tampa Dealing in Stolen Property FAQs
What should I do if police want to question me about stolen property?
Exercise your right to remain silent and request an attorney immediately. Do not answer questions or provide statements without legal representation present. Anything you say can be used against you, even if you believe you’re helping clear up a misunderstanding. Contact our firm right away for experienced legal guidance.
Can I be charged if I didn’t know the property was stolen?
Florida law requires that you knew or reasonably should have known the property was stolen. However, prosecutors may argue that circumstances should have made you suspicious. Factors like unusually low prices, lack of proper documentation, or suspicious seller behavior could be used to establish constructive knowledge.
What happens if I bought stolen property online?
Online purchases can complicate these cases, but they don’t automatically make you guilty. The prosecution must still prove you knew or should have known the items were stolen. Evidence of legitimate payment methods, reasonable prices, and normal communication with sellers can support your defense.
How do prosecutors determine the value of stolen property?
Property values are typically established through appraisals, retail prices, or victim testimony about original purchase prices. Our attorneys can challenge these valuations by presenting evidence of actual market value, condition of items, or depreciation to potentially reduce charges and penalties.
Can dealing in stolen property charges be reduced or dismissed?
Yes, charges can potentially be reduced or dismissed depending on the evidence and circumstances. Our experienced legal team has successfully achieved favorable outcomes through plea negotiations, challenging evidence, and presenting strong defenses that create reasonable doubt.
What are the long-term consequences of a conviction?
Beyond immediate penalties like jail time and fines, a conviction creates a permanent criminal record that can affect employment, professional licensing, housing applications, and educational opportunities. This makes it crucial to fight these charges with experienced legal representation.
Will I face federal charges for dealing in stolen property?
Federal involvement typically occurs when stolen property crosses state lines, involves interstate commerce, or includes specific federal interests like stolen vehicles or firearms. Our firm has experience with both state and federal criminal defense throughout Florida and nationwide.
Serving Throughout Tampa Bay
- Westchase
- Hyde Park
- Ybor City
- South Tampa
- Carrollwood
- Town ‘n’ Country
- Brandon
- Riverview
- Valrico
- Temple Terrace
Contact a Florida Stolen Property Defense Attorney Today
If you’re facing charges for dealing in stolen property anywhere in Florida, don’t wait to secure experienced legal representation. The consequences of a conviction can affect your freedom, finances, and future for years to come. Daniel J. Fernandez, P.A. has the knowledge, experience, and proven track record to provide the aggressive defense you need. Our team serves clients throughout Hillsborough County, Pinellas County, Polk County, and across the state of Florida. Contact our Tampa office today for a free consultation with a dedicated stolen property defense attorney who will fight to protect your rights and future.