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Dealing In Stolen Property

Dealing in Stolen Property 

We Have Offices Conveniently Located in Deland and Daytona Beach 

Dealing in stolen property is a crime that is explained in Florida Statute 812.019. If you are charged with Dealing in stolen property, you find yourself charged with a plethora of other charges, including theft and burglary. Navigating a situation such as this can seem overwhelming, but understanding the law and the accusations that you are faced with serves an enormous benefit to you. In DeLand, we find most of our Dealing in Stolen Property cases derive out of our local pawn shops and scrap metal receptacles. When a property is reported stolen, the first place the officers begin to search for those items are in those shops.

We have offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges.

First, it is important to distinguish between the two types of Dealing in stolen property: fencing and organizing.

“Fencing” simply means trafficking the stolen property, where trafficking can be either buying or selling. Fencing also applies if you merely intend to traffic in the stolen property, regardless of whether or not the crime is actually committed. Under the law, the State must prove beyond every reasonable doubt, that you trafficked or endeavored to traffic a property, and that you knew or should have known that the property was stolen. Notice that the law does not require for you to conclusively know that the property was stolen, and it does not require you to be the thief. Instead, the law uses what are called “inferences”, or assumptions about your knowledge based on the circumstances.

The same applies for organizing. Organizing dealing in stolen property requires that State to prove, again, beyond all reasonable doubt, that you initiated, organized, planned, financed, managed, or supervised the theft of a property, and that you trafficked the property. Again, the law uses inferences to determine your level of knowledge about the criminal activity. These inferences include:

  • Possession of recently stolen property,
  • Proof of purchase or sale of property that is substantially below the fair market value,
  • If you are a dealer in property (such as a pawn shop owner), operating the purchase or sale of property outside of normal business practices, or
  • If you are a dealer in property, the name or phone number of a person on the property other than the individual selling the property

All of the above can be used to infer that you knew or should have known that the property was stolen. But there is one common thread between all of the inferences: they are all taken as true unless sufficiently explained.

This is where hiring an aggressive, experienced defense attorney is exceptionally important. Attorney Matt Thompson has experience negotiating with the State, and can help you explain the circumstances of your particular scenario. Having worked for 10 years at the State Attorney’s Office, Matt Thompson knows the law, and he knows how to think like a prosecutor in order to negotiate your position. The penalties for Dealing in stolen property are high: if convicted in fencing, you stand to be convicted of a second degree felony, with a possibility of 15 years of imprisonment, 15 years of probation, and a fine of $10,000. If convicted of organizing, you could face 30 years of imprisonment, 30 years of probation, and a fine of $10,000. With all of this at stake, don’t hesitate to call Thompson Law, P.A. for your free case evaluation at (386) 280-4977.

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Working Closely with You To Build a Strong Case
  • Charges Reduced to Simple Assault Aggravated Assault with a Firearm

    At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson

  • All Charges Reduced Aggravated Assault with a Firearm

    Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.

  • All Charges Dismissed Child Abuse Battery

    The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.

  • All Charges Dismissed Racing on the Highway

    Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.

  • All Charges Dismissed Resisting an Officer Without Violence

    The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.

  • Deferred Prosecution Agreement Loitering and Prowling

    Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.