Dealing in Stolen Property

If you’re facing dealing in stolen property in Florida under §812.019, our board-certified criminal trial team defends these cases statewide—often aiming to reduce or dismiss charges and preserve eligibility to seal or expunge your record when possible. Free Consultation - Call (407) 574-7576

What the State Must Prove in a Dealing in Stolen Property (Florida) Case

• Trafficking (fencing): You trafficked in or tried to traffic in property and you knew or should have known it was stolen. (§812.019(1))
• Organizing: You initiated, organized, planned, financed, directed, managed, or supervised the theft and then trafficked in the stolen property. (§812.019(2))

Penalties: Trafficking is a second-degree felony (up to 15 years). Organizing is a first-degree felony (up to 30 years). See §§775.082–.084.

Why These Cases Are Beatable: Defending Dealing in Stolen Property in Florida

• Knowledge is key: Prosecutors must prove you knew or should have known the property was stolen.
• Source & chain of custody: Innocent buyers, pawns, or resellers with normal business practices often have viable defenses.
• One scheme rule: Charging both theft and dealing may be improper depending on facts/role.

Defense Strategy for §812.019: Trafficking in Stolen Property / “Fencing”

1. Attack “knowledge” — We show legitimate purchase/pawn/resale behavior (receipts, messages, vendor accounts, marketplace history). We also challenge any improper reliance on “recent possession” inferences without corroboration.
2. Role minimization — We separate you from any organizer/manager allegations to avoid the first-degree felony exposure under §812.019(2).
3. Motion practice — Suppression of illegal searches/seizures; exclusion of unreliable identification or hearsay; severance; and motions to dismiss where the State cannot prove essential elements.
4. Negotiation leverage — Present mitigation and restitution to seek charge reductions (e.g., to theft-related counts) or dismissals via diversion where available.
5. Trial readiness — We’re board-certified trial lawyers; being truly prepared for trial is often what produces the best pre-trial outcomes.

Sealing or Expunging After a Dealing in Stolen Property Case

Dismissed? Path to Expunge in Florida

You may qualify to expunge the record under §943.0585 after you obtain a Certificate of Eligibility from FDLE. One expunction per lifetime (with limited exceptions). Start the process quickly to shorten background-check exposure.

Withhold of Adjudication? Path to Seal

Dealing in stolen property is not on the disqualifying-offense list for sealing. If the judge withholds adjudication and you otherwise qualify, you may be able to seal under §943.059.

Important: If you are adjudicated guilty of any criminal offense, you cannot seal or expunge that case—and a conviction can also bar sealing/expunging other records. Our goal is to structure outcomes that preserve eligibility where possible.

Learn more: Record Sealing & Expunging in Florida (Fighter Law)

Common Scenarios in Dealing in Stolen Property (Florida)

• Marketplace flips where items later prove stolen (Facebook Marketplace, OfferUp, eBay, pawn).
• Workplace/supply-chain cases with shared access and weak proof of knowledge.
• Pawn/secondhand dealers following Chapter 538 procedures who become targets anyway.

What Helps Your Defense Right Now

• Keep bills of sale, messages, listings, shipping labels, and payment records.
• Make no statements to law enforcement without counsel.
• Document your standard buying/selling practices and ID checks.
• Do not contact alleged victims; let counsel handle all outreach.

Florida Dealing in Stolen Property – FAQs

What are the penalties for dealing in stolen property in Florida?

Second-degree felony for trafficking (up to 15 years) and first-degree felony for organizing (up to 30 years), with potential fines and habitual offender enhancements. See §§812.019, 775.082–.084.

Does the State get a presumption I knew the item was stolen?

Florida law allows certain inferences in theft cases tied to “recent possession,” but the State still must prove knowledge beyond a reasonable doubt. We challenge any over-reliance on such inferences, especially where you followed normal business practices.

If my charge is reduced to theft, can I still seal the Florida case?

Possibly—if you receive a withhold of adjudication and the offense isn’t on the disqualifying list, you may be eligible to seal under §943.059 (meeting all criteria). A dismissal can set you up to expunge under §943.0585.

Will restitution help my dealing in stolen property case?

Restitution and cooperation to return property can be persuasive in negotiations and sometimes in securing diversion or reductions. We’ll guide the timing and terms to protect you.

Why Choose Fighter Law for Dealing in Stolen Property Defense

• Board-Certified Criminal Trial leadership and hundreds of trials to verdict.
• Proven results in theft and trafficking cases. See recent case results.
• Local insight with Orlando-area courts and statewide coverage.

Start Your Defense Today

We’ll assess defenses, sealing/expungement eligibility, and a timeline aligned with your goals. Request a Free Consultation.

Helpful Resources: Statutes, Jury Instructions & Record Relief

• §812.019 – Dealing in Stolen Property (Florida Statutes)
• Florida Standard Jury Instructions – Theft & Dealing in Stolen Property
• FDLE – Seal & Expunge Process
• Fighter Law – Record Sealing & Expunging
• Fighter Law – Orlando Criminal Defense