Dealing in Stolen Property
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Dealing in Stolen Property

Considering the various implications involved in dealing with stolen property in Florida, there are severe penalties that come with being convicted of such an offense.

Because of the fact that the property is already stolen, you may be liable for multiple charges stemming form this. With all their is to lose in a case such as this, it is important to work with a qualified criminal defense attorney who can effectively advise you during this difficult and stressful time.

Melbourne Dealing in Stolen Property Attorney

The attorneys at the Law Offices of Germain & McCarthy, LLC represent men and women charged with the very serious criminal offense of dealing in stolen property often called "fencing."

Dedicated to providing excellent client service while ensuring that your rights are completely protected throughout the entire process, the legal team at Law Offices of Germain & McCarthy, LLC can be counted on to do everything in their power to find a favorable solution to this major legal problem.

Call (321) 253-3447 or send an online message to schedule a free and confidential consultation to discuss the detail of your case with the experienced and knowledgeable attorneys at the Law Offices of Germain & McCarthy, LLC. The firm proudly represents individuals from the Florida counties of Brevard, Orange, Volusia, Seminole, Indian River and Osceola.


Dealing in Stolen Property under Florida Law

This serious "crime of dishonesty" is considered a second-degree felony which is punishable by up to fifteen years in Florida State Prison even if the value of the property is relatively low.

Florida Statute Section 812.019(1) provides for certain penalties for dealing in stolen property often called "fencing." The elements of the fencing version of dealing in stolen property require that the prosecutor with the State Attorney's Office prove beyond all reasonable doubt the following two elements:

  1. The person accused of dealing in stolen property either trafficked in or endeavored to traffic in the property that was allegedly stolen;
  2. The person accused of dealing in stolen property knew or should have known that the property wasstolen.

Lesser including offense can include misdemeanor petit theft in the first or second degree (up to 1 year in jail and / or up to $1,000 in fines) or felony grand theft (up to 5 years in prison and / or up to $5,000 in fines).


Inferences Provided Under Florida Law for Dealing in Stolen Property Charges

Under Florida Statute Section 812.022(2) proof that the person accused was in possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.

Under Florida Statute Section § 812.022(3), proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen.

Under Florida Statute Section 812.022(4) proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen.

Under Florida Statute Section 812.022(5) 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, gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen.

Under Florida Statute Section 812.022(6) 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, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen.


Definitions in Dealing in Stolen Property Charges in Florida

Florida Statute Section 812.012(3) defines the term “property” to mean 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.

Under Florida Statute Section 812.012(6) and 812.028(3) the term "stolen property” has been defined to mean 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.

Under Florida Statute 812.012(7) the term “traffic” as used in the dealing in stolen property statute has been defined to mean: 

  • 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.

Law Offices of Germain & McCarthy, LLC|Dealing in Stolen Property Arrest in Brevard County

If you have been charged with dealing in stolen property in Melbourne or Brevard County, FL, then contact an experienced criminal defense lawyer at the Law Offices of Germain & McCarthy, LLC. Our attorneys can discuss the charges with you and potential defenses that might apply in your case. 

Call (321) 253-3447 or send an online message today. The Law Offices of Germain & McCarthy, LLC proudly represent individuals in and around the Florida cities of Melbourne, Viera, Cocoa Beach, Merritt Island, Satellite Beach, Cape Canaveral, Orlando, Winter Park, Aurora, Palm Bay, Scottsmoor, Frontenac, Orlando, Winter Park, Maitland, Altamonte Springs, Lake Mary, Deltona, Daytona Beach, Edgewater, Kissimmee and Saint Cloud, among many others.

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2715 North Harbor City Blvd, Ste 4 Melbourne, FL 32935
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The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.
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