Dealing in Stolen Property Defense — Florida

Dealing in stolen property under § 812.019, Florida Statutes, means trafficking in stolen property knowing it is stolen — buying, selling, transferring, or otherwise dealing in goods with knowledge they were obtained by theft. This is a second-degree felony carrying up to 15 years in prison and a $10,000 fine; organizing a stolen property network is a first-degree felony with up to 30 years. The “knowledge” element — proving you knew the property was stolen — is the critical battleground in every dealing in stolen property case, and aggressive defense targeting that element frequently results in charge reductions, acquittals, or dismissals.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is Dealing in Stolen Property Under Florida Law?

Section 812.019 creates two offense levels. Subsection (1) covers any person who traffics in or endeavors to traffic in property they know or should know was stolen. “Traffics” is defined broadly in § 812.012 to include selling, transferring, distributing, dispensing, buying, receiving, possessing, or obtaining control of property with intent to sell or dispose of it. Subsection (2) creates an enhanced offense for anyone who organizes, plans, finances, directs, manages, or supervises a stolen property trafficking operation. The statute targets the stolen goods market — the “fencing” operation that converts stolen property into cash — and treats fencing as seriously as the original theft because without a market for stolen goods, much theft would not occur.

What Are the Elements the State Must Prove?

Three elements must be proven beyond a reasonable doubt. First, the property was stolen. Second, you trafficked in the property — bought, sold, received, transferred, or disposed of it. Third, and most critically, you knew or should have known the property was stolen at the time you dealt with it. Florida courts allow circumstantial proof of knowledge because defendants rarely admit knowing property was stolen. Circumstantial evidence of knowledge includes a deeply discounted price relative to market value, suspicious circumstances under which the property was offered, removal or alteration of serial numbers, the seller’s known criminal history, and the defendant’s pattern of acquiring similar goods from suspicious sources. Defense attorneys attack each of these knowledge indicators specifically and directly.

How Does the Knowledge Element Provide the Primary Defense?

A genuine, good-faith purchase of property without knowledge it was stolen is a complete defense. If you purchased property at a reasonable price from a seller who appeared to be the legitimate owner, without warning signs of theft, you did not “know or should have known” the property was stolen. This defense is strongest when there is documentation of the purchase — a receipt, a bill of sale, an online marketplace record — and when the price was consistent with fair market value. I develop the good-faith buyer defense by gathering every available piece of evidence of the transaction’s apparent legitimacy.

How Does Challenging Price Discrepancy Evidence Work?

Prosecutors argue that an unusually low price is circumstantial evidence of knowledge. This argument is contestable. Markets for used goods regularly produce legitimate transactions at deep discounts — estate sales, distressed cash sales, online marketplace listings, and pawn shop transactions all generate prices well below retail. A $500 laptop sold for $150 may be suspicious in one context and perfectly legitimate in another. I develop every alternative explanation for the price and challenge the prosecution’s characterization of the transaction as inherently suspicious.

How Does the Anti-Stacking Rule Protect Defendants?

Under § 812.025, a person cannot be convicted of both theft and dealing in stolen property from the same property or transaction. This explicit legislative protection prevents double punishment for a single course of conduct. If prosecutors charge both theft and dealing in stolen property for the same items, the defendant cannot be convicted and sentenced for both. The prosecution must elect between the two charges. I invoke this protection explicitly in every case where dual charges are filed.

How Does Florida Prosecute Stolen Property Networks?

Large-scale stolen property investigations in Polk County and the 10th Judicial Circuit frequently involve multiple defendants, undercover operations, controlled purchases, and wiretap evidence. Law enforcement agencies including the Polk County Sheriff’s Office, Lakeland Police Department, and FDLE conduct multi-month investigations targeting organized fencing operations. These investigations often culminate in simultaneous arrests of multiple participants at all levels. In multi-defendant cases, cooperating witnesses and plea agreements create intense pressure on lower-level defendants to plead guilty and cooperate against organizers.

Understanding your position in the alleged conspiracy — and what evidence exists against you specifically, not just the group — is essential. The penalty differential between § 812.019(1) at 15 years and § 812.019(2) at 30 years depends entirely on whether the state can prove you had an organizational or managerial role. I analyze the evidence against each client individually and contest the state’s role characterization aggressively because that characterization determines sentencing exposure by a factor of two.

What Are the Sentencing Consequences of a Dealing in Stolen Property Conviction?

A § 812.019(1) conviction is a second-degree felony: up to 15 years in prison, 15 years probation, and a $10,000 fine. A § 812.019(2) conviction is a first-degree felony: up to 30 years and a $10,000 fine. The Florida Criminal Punishment Code scoresheet for dealing in stolen property can score at or above the minimum prison threshold even for first offenders, depending on the scope of the operation and prior record. This makes early, aggressive defense intervention critical. Collateral consequences include permanent felony record, loss of civil rights, loss of firearm rights, and for non-citizens, potential deportation as an aggravated felony.

What Should You Do After a Dealing in Stolen Property Arrest?

Do not attempt to explain the transaction or justify how you acquired the property to law enforcement. The more information you provide, the more the prosecution has to work with in proving the knowledge element. Invoke your right to remain silent and contact (863) 774-4556 — reach us 24/7. For related charges, see the Theft and Property Crimes hub, the theft defense page, and the grand theft defense page.

Frequently Asked Questions About Dealing in Stolen Property in Florida

What is dealing in stolen property under Florida law?

Dealing in stolen property under § 812.019 means trafficking in property knowing or having reason to know it was stolen. “Trafficking” includes buying, selling, receiving, transferring, distributing, or otherwise dealing in the property. The knowledge element is the central element of the offense and the primary target of every effective defense strategy.

What is the penalty for dealing in stolen property?

Section 812.019(1) is a second-degree felony with a maximum of 15 years in prison and a $10,000 fine. Organizing or managing a stolen property operation under § 812.019(2) is a first-degree felony with a maximum of 30 years. These are among the most serious non-violent felony charges in Florida property crime law, requiring experienced felony defense representation from the earliest stage of the case.

Can I be convicted if I didn’t know the items were stolen?

No — knowledge is required. Florida courts allow circumstantial proof of knowledge through factors like price paid, circumstances of acquisition, and other contextual indicators. A genuine good-faith purchase at a reasonable price from an apparently legitimate seller, without warning signs, is a complete defense. Documentation of the transaction and evidence of apparent legitimacy are critical to establishing this defense at trial.

Can I be convicted of both theft and dealing in stolen property for the same items?

No. Section 812.025 expressly prohibits dual conviction for theft and dealing in stolen property from the same transaction. The prosecution must elect which charge to pursue. A defendant cannot be sentenced for both. This legislative anti-stacking protection is automatic, but I assert it explicitly to ensure it is honored in every case where dual charges are filed.

How is ‘trafficking’ defined in Florida’s stolen property statute?

Under § 812.012, trafficking includes selling, transferring, distributing, dispensing, buying, receiving, possessing, or obtaining control of property with intent to sell, transfer, or dispose of it. Both the seller and the buyer in a stolen goods transaction can be charged. Receiving or possessing stolen property with intent to resell — even if no sale has yet occurred — qualifies as trafficking under the statute.

How Do Pawn Shop Owners Face Dealing in Stolen Property Charges in Florida?

Florida’s pawn shop industry is heavily regulated under Chapter 538, Florida Statutes, which requires pawnbrokers to collect identification from all sellers, hold pawned items for a specified period before resale, and report transactions to law enforcement for cross-checking against stolen property databases. When a pawnbroker accepts a stolen item — even unknowingly — they can face dealing in stolen property charges if the prosecution argues they should have known the item was stolen based on the circumstances of the transaction, the price accepted, or the seller’s profile. Pawnbrokers who follow the Chapter 538 requirements diligently are in a much stronger position to defend against knowledge allegations because compliance with mandatory reporting and identification procedures is evidence of good-faith business practice. I examine pawnbroker compliance with Chapter 538 requirements in every dealing in stolen property case involving a licensed pawnbroker, because statutory compliance evidence is powerful knowledge-defense material.

What Is the Organized Theft Statute and How Does It Relate to Dealing in Stolen Property?

A separate statute, § 812.0155, creates the offense of organized retail theft and organized retail crime. While dealing in stolen property under Section 812.019 is the core fencing statute, law enforcement increasingly uses organized retail theft statutes to prosecute defendants who are alleged to be part of organized rings that steal merchandise from retail stores and then resell it through fencing operations. The organized retail crime statute can carry additional penalties beyond the base dealing in stolen property charges, particularly when the operation involved multiple participants, multiple retail locations, or merchandise with a high aggregate value. Understanding which statutes apply to your specific conduct is essential to accurate evaluation of your sentencing exposure and the most effective defense strategy.

How Does Florida Handle Dealing in Stolen Property Cases Involving Online Marketplaces?

Online marketplaces — eBay, Facebook Marketplace, OfferUp, Craigslist, and similar platforms — have become both a primary venue for selling stolen goods and a primary source of evidence in dealing in stolen property prosecutions. Law enforcement regularly monitors these platforms, conducts controlled purchase operations, and uses platform records subpoenaed from the marketplace companies to build cases against sellers of stolen goods. In defending these cases, I examine whether proper subpoena procedures were followed for platform records, whether any undercover operations were properly authorized, and whether the circumstances of the online transaction genuinely support the knowledge element. The anonymous or semi-anonymous nature of many marketplace transactions often provides the best evidence that the seller lacked knowledge that items were stolen — because a sophisticated fence would not list stolen goods publicly under their real name with delivery to their home address.

What Should You Know About the Scoresheet for Dealing in Stolen Property in Florida?

Florida’s Criminal Punishment Code scoresheet for dealing in stolen property under Section 812.019(1) assigns significant points for the second-degree felony primary offense designation. Even a first-time offender with no prior record may score at or near the 44-point threshold that requires a prison sentence under the guidelines. Prior theft-related offenses, co-defendant roles, and the scope of the alleged operation all add points that can push the scoresheet well above the prison threshold. Understanding exactly where your scoresheet falls before entering any plea negotiation is essential. A score around 28 points gives real leverage to negotiate probation, while a score near 60 points demands a more aggressive posture and may require a downward departure motion supported by compelling mitigating evidence. I calculate the scoresheet in every dealing in stolen property case from the first consultation so that every negotiating decision is grounded in the actual sentencing mathematics, not guesswork.