Dealing in stolen property is a serious felony offense in the state of Florida. Depending on the facts and circumstances of the case, it can either be a second-degree felony, punishable by up to 15 years in Florida State Prison, or a first-degree felony, punishable by up to 30 years in Florida State Prison. The difference in the crimes depends on the particular defendant’s role in the operation. Essentially, if he is the organizer of a dealing in stolen property enterprise, he will be guilty of the more serious offense.
(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
Can a Person be Convicted of Theft and Dealing in Stolen Property?
The legislature has deemed it unfair to allow a person to be convicted of both theft and dealing in stolen property when the theft and dealing is part of a single course of conduct.
Fla. Stat. 812.025 states, “Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.”
This statute begs the question, “What is one scheme or course of conduct?” Case law, jury instructions, and logic tells us that it means that “there was no meaningful disruption of the defendant’s conduct by either an interval of time or a set of circumstances.” Fla. Std. Jury Instr. 14.2. It has been held that a period of four days between the theft and the dealing still constituted by a single course of conduct. Stallworth v. State, 538 So. 2d 1296 (Fla. 1st DCA 1989).
In Bradshaw v. State, case No. 1D17-4992 (Fla. 1st DCA 2019), the Court held that the theft of sawblades by an improvement store employee followed by a sale by that employee of the sawblades to a customer later in the same day was but a single course of conduct. As such, the Court remanded the case back to the trial court for the vacation of the petit theft conviction.
In case where a person has been improperly convicted of both by the judge and/or jury, the proper remedy is to vacate the conviction of the less serious charge, which is almost always the theft count.
Tampa Dealing in Stolen Property Attorney
If you’ve been arrested on charges of Dealing in Stolen Property, give The Bantner Firm a call at 813.397.3965 to schedule your free consultation. These are serious charges and you need to trust your freedom with board certified criminal trial attorney Adam Bantner!
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal TrialAttorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.