Dealing With Stolen Property

Criminal Lawyer

Dealing in Stolen Property, or Fencing, is a second degree felony punishable by a maximum sentence of 15 years in state prison. To prove the crime of Dealing in Stolen Property the State must prove that a defendant trafficked in stolen property and that the Defendant knew or should have known that the property was stolen. A person can traffic by selling, transferring, distributing, or disposes of property. A person can also traffic by buying, receiving, possessing, or obtaining control of or use of property with the intent to sell, transfer, distribute, dispense or otherwise dispose of the property.

If a person initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in that stolen, they can be charged with a first degree felony punishable by a maximum sentence of 30 years in prison.


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If a defendant is proven to be in possession of recently stolen property, the jury is instructed to presume that the defendant knew or should have known that the property had been stolen. The defendant then has the burden to rebut this presumption by satisfactorily explaining why the defendant was in possession of the stolen property.

If a defendant buys or sells a type of property that normally requires

proof of ownership during the sale of that type of property, the jury is instructed to presume defendant the person buying or selling the property knew or should have known that the property had been stolen. The defendant then has the burden to rebut this presumption by satisfactorily explaining why the defendant was buying or selling the property without the required documents showing ownership.

If a

defendant is in possession of a stolen motor vehicle with a bypassed or broken ignition or steering wheel locking mechanism, the jury is instructed to presume that the defendant knew or should have known that the vehicle had been stolen. The defendant then has the burden to rebut this presumption by satisfactorily explaining why the defendant was in possession of a stolen vehicle with a bypassed or broken

ignition or steering wheel locking mechanism.

I am an experienced Board Certified Trial Specialist. Less than one percent of attorneys in Florida are Board Certified. Only Board Certified attorneys are permitted to call themselves specialists or experts in Criminal Law. Common sense dictates that you don't hire a family doctor to perform brain surgery - you hire a specialist. Likewise, because

your freedom is at stake, don't make the mistake of hiring a criminal lawyer who isn't recognized by the Florida Bar as a specialist in criminal law. Instead, hire a criminal attorney who is Board Certified.

If you need a criminal lawyer because you are charged with dealing in stolen property in Clearwater, New Port Richey, or somewhere else in the Tampa Bay area, don't hesitate to call an

experienced board certified criminal defense attorney. We offer Free Consultations and individually suited Payment Plans.