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Dealing in stolen property (FS 812.019) is one of the most misunderstood charges in the Florida criminal code. Many defendants are stunned to learn that buying, selling, or possessing stolen goods, even if they did not steal the items themselves, is a second-degree felony carrying up to 15 years in prison. The charge does not require the defendant to have committed the original theft. It requires only that the defendant trafficked in, or endeavored to traffic in, property that they knew or should have known was stolen.
How the Charge is Typically Filed
Dealing in stolen property cases arise from several common scenarios:
Pawn Shop Transactions
Florida pawn shops are required by law to report all transactions to a law enforcement database. When a theft victim reports stolen items to police and those items appear in the pawn database, detectives trace the transaction back to the person who pawned the goods. If the person who pawned the items is not the original owner, they are charged with dealing in stolen property. The pawn transaction receipt itself serves as evidence of the "dealing" element.
Online Marketplace Sales
The rise of Facebook Marketplace, OfferUp, and similar platforms has created a new avenue for stolen property distribution. Law enforcement agencies conduct undercover buy operations, responding to listings for suspiciously discounted electronics, tools, and designer goods. If the items are confirmed stolen through serial number checks, the seller faces dealing in stolen property charges.
Organized Retail Theft Rings
Florida has seen a significant increase in organized retail theft operations where teams of shoplifters steal merchandise from stores and funnel it to a central figure who resells the goods. The reseller, even if they never set foot in a store, faces dealing in stolen property charges for each transaction. These cases frequently involve multiple counts and higher bond amounts.
Why the Charge is a Second-Degree Felony
Florida's legislature classified dealing in stolen property at the same felony level as aggravated battery because the statute targets the economic infrastructure that makes theft profitable. Without buyers and resellers, the incentive to steal diminishes. The severe classification is designed to punish the demand side of the stolen goods market as aggressively as the supply side.
Bond Amounts and Conditions
Bond for dealing in stolen property typically ranges from $5,000 to $25,000. Factors that push the bond higher include:
- Multiple counts (each transaction can be a separate count)
- High aggregate value of the stolen property
- Evidence of an organized operation (scales, packaging, inventory lists)
- Prior felony convictions, particularly for property crimes
- Active probation or parole status at the time of arrest
Defense Strategies at First Appearance
A private defense attorney can present targeted arguments at First Appearance:
- Lack of knowledge: The defendant genuinely did not know the property was stolen. This is the central defense and should be raised at every stage.
- Single transaction vs. pattern: A single isolated purchase of a potentially stolen item is evaluated differently than a pattern of repeated transactions.
- Cooperation with law enforcement: If the defendant cooperated at the time of arrest and provided information about the source of the stolen goods, the defense can argue reduced flight risk.
Frequently Asked Questions
What if I bought the item and did not know it was stolen?
Lack of knowledge is a defense, but the State will argue that the circumstances should have put you on notice. Factors like the price paid relative to retail value, the location of the transaction, and whether the seller could produce a receipt or proof of ownership all factor into whether the "should have known" standard is met.
Can dealing in stolen property be reduced to a misdemeanor?
Through plea negotiations, the State Attorney may agree to reduce the charge to petit theft (if the value is under $750) or to a lesser offense. A private defense attorney is essential for these negotiations.
Is receiving stolen property the same charge?
No. Florida does not have a separate "receiving stolen property" statute. The single charge of dealing in stolen property (FS 812.019) covers the full spectrum of trafficking in stolen goods, from purchasing to reselling to possessing with intent to sell.
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