F.S. 812.019 – Dealing in Stolen Property

Florida Statute 812.019 addresses the crime of dealing in stolen property, an offense that targets individuals who traffic or intend to traffic items obtained through theft. As our Fort Lauderdale criminal defense lawyers can explain, this offense is considered more serious than general theft statutes like F.S. 812.014, as it focuses on those who profit from or facilitate the distribution of stolen goods.

According to the Florida Department of Law Enforcement, there were over 100,000 reported theft offenses statewide in a single recent year, with a significant percentage involving stolen property trafficking.

If you are charged with dealing in stolen property, the consequences can be life-altering, making it critical to understand the law, your rights, and the importance of strong legal defense.

What Constitutes Dealing in Stolen Property?

Under F.S. 812.019, trafficking in stolen property involves:

1. Selling, transferring, distributing, or otherwise trafficking stolen property.
2. Knowing or having reason to believe the property was stolen.

“Property” in this case is understood to mean anything considered to be of value. That could be personal valuables like clothing or jewelry. It could also mean things like services, rights, or privileges.

“Stolen property” is any property that is wrongfully taken in a criminal act. In some cases, the property or service doesn’t actually need to be stolen, so long as prosecutors can prove the accused purchased it with the understanding/belief that it was.

The statute also criminalizes anyone who organizes, directs, finances, or facilitates such trafficking activities. The offense is classified as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.

However, if an individual initiates or orchestrates the theft and subsequent trafficking, the charge may be elevated to a first-degree felony, carrying a maximum penalty of 30 years in prison and a $10,000 fine.

How is F.S. 812.019 Different From F.S. 812.014?

While F.S. 812.014 focuses on the act of theft—taking another’s property with intent to deprive them of it—F.S. 812.019 targets those who engage in the sale or distribution of stolen goods. Dealing in stolen property is considered a more severe offense because it perpetuates theft by creating a market for stolen items.

To secure a conviction for dealing in stolen property under F.S. 812.019, prosecutors must establish the following elements beyond a reasonable doubt:

1. Trafficking Activity. The defendant engaged in selling, transferring, or distributing property.
2. Knowledge. The defendant knew or should have known that the property was stolen. Sometimes this is with direct evidence, such as texts or other electronic communications where the accused outright admits to knowing the items were stolen. But knowledge can also be inferred with certain types of circumstantial evidence, such as suspiciously low prices, cash-only payments or altered serial numbers. Still, it’s prosecutors who bear the burden of proof here.

In cases involving organized trafficking, prosecutors must also prove that the defendant actively participated in planning or directing the operation.

Defenses Against Dealing in Stolen Property Charges

A strong defense strategy can significantly impact the outcome of your case. Potential defenses include:

• Lack of Knowledge. Arguing that the defendant did not know and could not have reasonably known the property was stolen.
• Mistaken Identity. Challenging evidence linking the defendant to the transaction.
• Entrapment. Demonstrating that law enforcement induced the defendant to commit the crime.
• Insufficient Evidence. Highlighting gaps in the prosecution’s case, such as a lack of proof regarding the property’s stolen status.

Why Hiring a Criminal Defense Lawyer is Imperative

Dealing in stolen property charges carries severe penalties, including lengthy prison sentences, steep fines, and a permanent criminal record. A skilled criminal defense lawyer will evaluate the evidence, formulate an effective defense strategy and doggedly protect your constitutional rights.

Being charged does not mean you are guilty. Understanding the elements of F.S. 812.019, the types of evidence prosecutors rely on, and the potential defenses available can empower you to take the first step toward protecting your future.

If you or a loved one has been charged with trafficking stolen property in Fort Lauderdale or anywhere in Florida, act quickly to secure experienced legal representation. A knowledgeable criminal defense attorney can provide the guidance and advocacy needed to navigate these challenging circumstances and achieve the best possible outcome.

If you have been charged with a theft crime in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.

---