Dealing in Stolen Property in Florida

Dealing in Stolen Property is sometimes referred to as Fencing.

Under Florida Statute 812.019, the crime of Dealing in Stolen Property, sometimes referred to as Fencing, is committed when a person buys or sells property that was known, or should have been known, to be stolen.

Purchasing Stolen Property

Simply purchasing property you knew, or should have known, was stolen does not constitute Dealing in Stolen Property if there is no evidence that you intended to resell the property.

However, you can still be convicted of either Grand Theft or Petit Theft if it is proven you knew, or should have known, the purchased property was stolen.

Penalties for Dealing in Stolen Property

The crime of Dealing in Stolen Property is a Second Degree Felony and is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code.

If convicted of Dealing in Stolen Property, a judge can impose any combination of the following penalties:

  • Up to fifteen (15) years in prison.
  • Up to fifteen (15) years of probation.
  • Up to $10,000 in fines.

Statute of Limitations for Dealing in Stolen Property

Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Dealing in Stolen Property and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15.

As a result, a prosecution for Dealing in Stolen Property can be brought up to five years after the offense was committed (and even longer in some cases). [1]

Defenses to Dealing in Stolen Property

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Dealing in Stolen Property is:

Satisfactory Explanation

In general, a person cannot be convicted of Dealing in Stolen Property if the person can satisfactorily explain how they came to be in possession of the stolen property without knowing that it was stolen.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Dealing in Stolen Property in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Schuster v. State, 21 So. 3d 117, 118 (Fla. 5th DCA 2009)