Eric J. Dirga, P.A.

A Florida Lawyer

Criminal Record Expungements, Criminal and Civil Traffic Cases, Suspended Driver's Licenses

733 West Colonial Drive, Orlando 32801 - (407) 841-5555

Orlando Dealing in Stolen Property Defense

Offense Maximum Prison Term
Dealing in Stolen Property - s. 812.019(1), Fla. Stat. 2nd Degree Felony - 15 Year Maximum Sentence
Trafficking in Stolen Property - s. 812.019(2), Fla. Stat. 1st Degree Felony - 30 Year Maximum Sentence

This offense typically gets charged when someone has decided that they need money so they take something they don't own and borrow money against it at a pawn shop. There are other ways to get charged with this offense but these seems to be the most typical fact pattern. We represent people charged with Dealing in Stolen Property and have done so since the mid-90s. We have defended people accused of both "fencing" and "organizing," the two forms of this offense. Give us a call and we will review your Rights and provide you with a free legal consultation regarding your situation.

We have defended these cases many times...

I practice strictly criminal law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments regarding your case. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case.

Fencing; Taking what does not belong to you and pawning it.

Dealing in stolen property is a very serious offense. In its basic form it is a Second Degree Felony (definition) and is called "fencing." This is the typical charge for the scenario described in the first paragraph. The state has to prove is that a person knowingly sold or transferred stolen property. This is the mild form of Dealing in Stolen Property and it still carries a 15 year maximum term of imprisonment.

Organizing the Fencing of Property (Trafficking)

Organizing is the more serious form of Dealing in Stolen Property. It is a First Degree Felony (definition). It requires that the state prove a person organized, planned, or supervised the theft of property that is intended to be sold or transferred. This is a bit more tricky for the prosecution to prove but if they do the maximum term of imprisonment is 30 years.

Other Forms of Dealing in Stolen Property

There are more specific forms of Dealing in Stolen Property that have modified offense levels. Some of these involve property that has been improperly paid for through Medicaid and others involve the transfer of stolen property over the internet. Moreover, the law also has modified rules of evidence and inferences that the state can used to their advantage.

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Important Cases
Lutz v. State, 36 Fla. L. Weekly D861 (Fla. 1st DCA, Apr. 21, 2011) - Bar to conviction on both theft and Dealing in Stolen Property.

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