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Dealing In Stolen Property

The charge “dealing in stolen property” sounds a bit sensational, like an underground black market for art pieces stolen from museums. But in reality, you can be charged for dealing in stolen property no matter what the property in question is, and this happens much more often than you might think. If you’ve been charged with dealing in stolen property, or any other theft charges, contact Hanlon Law today to schedule a free consultation.


What is Dealing In Stolen Property?


Dealing in stolen property is defined by Florida Statute 812.019 as “trafficking, or endeavoring to traffick, in property that the defendant knows, or should have known, was stolen,” regardless of whether or not he or she was involved in the actual theft. There are three key words in this definition that are important to understand: trafficking, property, and stolen. 


“Trafficking,” in this case, includes selling, transferring, distributing, or otherwise disposing of. This means you don’t have to make any money off the transaction in order to be charged with dealing in stolen property. Since “endeavoring to traffic” is included in the definition, trafficking in this instance also includes the buying, selling, receiving, possessing, obtaining control of, or other otherwise using of stolen property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of that property – whether or not the property was actually sold, transferred, distributed, dispensed, or otherwise disposed of. 


“Property” is defined as anything of value, whether it is tangible or intangible. Tangible property includes the average physical things you think of that could be stolen: money, jewelry, artifacts, art, etc. It also includes things that grow on, are fixed to, or are found on land, such as crops, a shed, or even a home. Intangible property includes things like rights, privileges, interests, claims, services, and intellectual property. 


And lastly, “stolen” refers to the criminal, wrongful taking. There is no caveat that the defendant themselves must have been involved in the actual theft of the property. This means that, no matter how you came into possession of the stolen property (even if you came by it accidentally), any trafficking (or endeavoring to traffic) in that property can lead to criminal charges. 


What are the Consequences of Dealing in Stolen Property?


Dealing in stolen property is charged as a second-degree felony. As such, it is punishable by up to 15 years in prison and up to $10,000 in fines. 


If the state can also prove that you were involved in the initial theft of that property in addition to later dealing it, you could be charged with a first-degree felony, punishable but up to 30 years in prison and up to a $10,000 fine.


How to Defend Against Dealing in Stolen Property Charges


In order to secure a conviction, the prosecution must prove beyond reasonable doubt that: 


  • The alleged property was, in fact, stolen
  • You trafficking in, or endeavored to traffick in, the alleged property
  • You knew, or could reasonably be expected to know, that the alleged property was stolen


There are a variety of defenses to take against these three requirements:


  • The property in question does not qualify as stolen property, or there is insufficient evidence to prove that the property was stolen
  • The property was not trafficked as defined by Florida law, or there is insufficient evidence to prove that the property was trafficked
  • You did not know the property had previously been stolen, or have reasonable rebuttals to any applicable inferences of knowledge
  • You in good faith mistakenly believed you had the right to dispose of the property
  • You in good faith believed the property was abandoned or gifted
  • There is insufficient evidence to support the alleged victim’s ownership of the property in question


It’s important to keep in mind, however, that there are certain inferences of knowledge that can be used against you in these kinds of cases. An inference of knowledge is when the prosecution can reasonably conclude that you possessed knowledge of the property’s stolen origins, based on certain undeniable factors. 


For example, if the prosecution can prove that you were, in fact, in possession of the stolen property, that begs the question of how you came to be in possession of the property. Unless you can provide a satisfactory explanation of how you obtained the property without knowing that it was stolen, your possession of the stolen property can be used to reasonably infer that you knew it was stolen. 


Other indicators that could be used by the prosecution to reasonably infer that the dealer of the stolen property either knew or should have known the property was stolen include:


  • The property was sold, or listed for sale, at a price much lower than market value with no obvious reason (such as clear damage, etc)
  • The property was sold outside the place of business where such items are usually available for sale
  • The property was sold without the usual identifiers such property is expected to possess, (such as certificates of authentication or certificates of ownership)
  • The property was labeled with a name or contact information other than that of the person selling it
  • Specifically in reference to cars or other vehicles: the ignition mechanism and/or steering wheel locking mechanism have been broken or otherwise bypassed


Kissimmee Criminal Defense Lawyers 


Dealing in stolen property is a serious crime that can lead to long-term consequences. And with such debatable points as “could reasonably be expected to know” and “in good faith,” it’s important to have an experienced defense attorney on your side to help you plead your case. At Hanlon Law, our legal team has nearly twenty years of experience in the courtroom. With our aggressive approach, we’ll work tirelessly to advocate on your behalf and help you secure the best possible outcome. If you’ve been charged with dealing in stolen property, don’t wait – contact Hanlon Law today to schedule a free consultation.

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