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 the property is already stolen, you may be held liable for multiple charges.
Melbourne Dealing in Stolen Property Attorney
The attorneys at the Law Offices of Germain and Coulter 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 Germain & Coulter can be counted on to do everything in their power to find a favorable solution to this major legal problem.
Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana.
Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.
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:
- The person accused of dealing in stolen property either trafficked in or endeavored to traffic in the property that was allegedly stolen;
- 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.
Lawyer for Dealing in Stolen Property in Brevard County, FL
If you have been charged with dealing in stolen property in Melbourne or Brevard County, FL, then contact an experienced criminal defense lawyer at Germain Legal. Mark Germain can discuss the charges with you and potential defenses that might apply in your case.
Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County, including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee and Poinciana.
Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.
