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Defenses Against Dealing in Stolen Property

Posted on : August 30, 2017, By:  Leah H. Mayersohn, Esq.
Fort Lauderdale Attorney Dealing in Stolen Property

In the State of Florida, dealing in stolen property is considered a second degree felony. In fact, it is punishable by up to 15 years in prison. The penalties imposed depend greatly on the value of the goods allegedly stolen. If found guilty, this crime significantly impacts your life, career, and relationships. Find out how to fight for a clean criminal record and also defend your rights under the law.

Florida Statutes

Florida defines dealing in stolen property as:

(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082775.083, and 775.084.

Potential Defenses Against Dealing in Stolen Property Charges

If you are charged with dealing in stolen property, there are several defenses to employ. However, these defenses depend on the circumstances surrounding your case. Your attorney will evaluate your case and determine what defenses would increase your chances of success. Potential defenses include but are not limited to:

  • Alleging that you had no knowledge the goods you bought or sold were stolen. You could show purchase records or receipts that show how you came to buy the property. In fact, receipts provide evidence that you didn’t know that the goods you bought were stolen.
  • Alleging that you were given the stolen property. If you did not purchase the stolen goods and came into possession of them through a gift or some other means, you can allege that you had no intention of dealing in stolen goods.
  • Alleging illegal search and seizure. Depending on the circumstances, your attorney could also allege that the police performed an illegal search and seizure of the stolen goods. If it is determined that an illegal search and seizure took place, any evidence — including the actual property — obtained during the search can be suppressed. Then, the prosecution will have a much more difficult time receiving a guilty verdict if they cannot produce the “stolen property.”

Contact Leah H. Mayersohn, Esq. Today

Attorney Mayersohn is an experienced Florida criminal defense attorney who can help you defend against charges of dealing in stolen property. Call now for a consultation at 954-400-5000.