Dealing In Stolen Property Defense In Lake County

Dealing In Stolen Property

Florida law remains exceptionally harsh on this offense. Because it is viewed as a “fencing” crime that fuels local burglaries and thefts, prosecutors rarely offer lenient plea deals without a strong legal challenge.

The Legal Classification & Penalties

The severity of the charge depends on your level of involvement in the redistribution network:

• Dealing in Stolen Property (Trafficking): Simply selling or pawning an item you should have known was stolen is a Second-Degree Felony.

  • Penalty: Up to 15 years in Florida State Prison and a $10,000 fine.

• Organizing the Theft/Trafficking: If you are accused of planning the theft or supervising others who traffic the goods, it is elevated to a First-Degree Felony.

  • Penalty: Up to 30 years in prison (or Life in certain circumstances).

Important: Unlike Grand Theft, the value of the property does not matter. Pawning a stolen $20 tool carries the same 15-year maximum penalty as selling a stolen $20,000 vehicle.

The “Inference” Trap: How the State Proves Knowledge

Under F.S. § 812.022, the State does not need a confession to prove you knew an item was stolen. A jury is allowed to “infer” your guilty knowledge if any of the following are proven:

• Recently Stolen Property: You were in possession of property that was stolen a short time ago and cannot provide a “satisfactory explanation.”

• Low Purchase Price: You bought or sold the property at a price significantly below its fair market value.

• Dealer Irregularities: You are a dealer who bought property outside of regular business hours or without the usual proofs of ownership.

Strategic Defenses: Why Your Case is Not Open-and-Shut

Lewis Defense Law will use specialized strategies to dismantle the State’s case and challenge the validity of their inferences:

1. The “Common Thief” Defense (F.S. § 812.025)

Under Florida law, the State can charge you with both Grand Theft and Dealing in Stolen Property, but they cannot convict you of both for the same scheme. Attorney Lewis may argue that if a crime was committed, you were merely the “common thief” who intended to use the property, not a “dealer.” This can reduce a 15-year felony to a much lower charge.

2. Satisfactory Explanation

The statutory inferences mentioned above only apply “unless satisfactorily explained.” Lewis Defense Law will work to provide a legitimate, documented reason for how you came into possession of the property, such as a gift, a garage sale purchase, or a trade.

3. Lack of Knowledge

If you honestly believed you had the right to sell the property—perhaps because a friend told you it was theirs—you lack the criminal intent required for a conviction. Lewis Defense Law will review your communications and history to build a “good faith” defense.

4. Challenging the “Recently” Stolen Element

If months have passed since the original theft, the legal inference that you “should have known” it was stolen disappears. Attorney Lewis will hold the State to a strict timeline regarding when the theft occurred versus when you came into possession.

The Lewis Defense Law Advantage

• Former Felony Prosecutor: Attorney Lewis has prosecuted a multitude of theft and fencing cases. He knows exactly what evidence the State needs to trigger a “sentencing enhancement” and how to block it.

• Trial Ready: If the State relies on the “inference” of knowledge, Attorney Lewis is ready to argue your “satisfactory explanation” to a jury. He won’t settle for bad deals when the evidence is circumstantial.

• Proactive Pre-File Intervention: Dealing in stolen property cases often hinge on pawn records. Lewis Defense Law will move quickly to review the “victim’s” claims and provide the State with evidence of your innocence before formal charges are filed in Tavares.