Protecting Your Rights, Your Freedom, and Your Future When Facing Serious Felony Charges
When you are accused of trafficking in stolen property in Florida, the charge alone can turn your life upside down. A conviction can lead to prison time, financial penalties, and a permanent felony record that will follow you for the rest of your life. I have represented many people in your position, and I know that these cases are rarely as simple as the prosecution wants you to believe. You need to understand the law, the penalties, and the defenses that can be used in your favor, and more importantly, you need a private attorney who knows how to challenge the evidence and fight for the best possible outcome.
Florida’s Trafficking in Stolen Property Statute
The Florida Legislature made trafficking in stolen property a serious offense. Under Florida Statutes Section 812.019, the law provides:
812.019 – Dealing in stolen property.
(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 s. 775.082, s. 775.083, or s. 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 s. 775.082, s. 775.083, or s. 775.084.
The statute makes two important distinctions. Subsection (1) applies to a person accused of selling or attempting to sell stolen property, while subsection (2) targets someone accused of directing or organizing the theft itself. Subsection (2) carries harsher penalties, including a first-degree felony designation, which can mean up to 30 years in prison.
Because of the severity of these charges, the State Attorney’s Office often pursues them aggressively. That is exactly why you need an experienced defense attorney fighting for you from the start.
Penalties for Trafficking in Stolen Property
If you are charged under subsection (1) of Section 812.019, you face a second-degree felony, which is punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- Up to $10,000 in fines
If charged under subsection (2), you face a first-degree felony, which carries:
- Up to 30 years in prison
- Up to 30 years of probation
- Up to $10,000 in fines
In addition to incarceration and fines, a conviction results in a permanent felony record. That record can affect employment, housing, and professional licensing. If you are not a U.S. citizen, it may also trigger deportation proceedings. Because the consequences are so severe, fighting the charges with every possible defense is essential.
How Florida Prosecutors Attempt to Prove These Cases
In many cases of trafficking in stolen property, prosecutors rely heavily on circumstantial evidence. They might argue that you “should have known” an item was stolen based on the price, the way it was sold, or the circumstances of the transaction. They may use pawn shop records, testimony from alleged accomplices, or even surveillance footage. Florida law allows prosecutors to infer knowledge from possession under Florida Statutes Section 812.022, which states:
812.022(2) – Proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.
This inference is powerful for the prosecution, but it is not conclusive. A skilled defense attorney can challenge the circumstances, present alternative explanations, and weaken the State’s case.
Defenses Against Trafficking in Stolen Property Charges
I have defended clients against trafficking charges throughout Florida, and I know that many of these cases can be attacked successfully. Some of the most effective defenses include:
Lack of Knowledge
The prosecution must prove that you knew or should have known the property was stolen. If you purchased or resold the property in good faith without knowledge of its origin, that can serve as a strong defense. For example, someone who buys a used phone or jewelry at a flea market or online marketplace may have no reason to suspect it was stolen.
Lawful Possession or Ownership
If you can prove that you had the legal right to possess or sell the property, the charge may not stand. Receipts, documentation, or testimony about legitimate ownership can undermine the State’s case.
Insufficient Evidence
Many trafficking charges are based on assumptions rather than direct proof. If the evidence is weak, circumstantial, or inconsistent, I can argue for dismissal or reduction of charges.
Mistaken Identity
In cases where surveillance footage or witness identification is relied upon, mistaken identity is a real possibility. Challenging the reliability of those identifications is often a key part of defense.
Entrapment
If law enforcement persuaded you to traffic property you would not otherwise have dealt with, entrapment may be raised. This defense is especially relevant in sting operations involving pawn shops or online marketplaces.
Why You Need a Private Attorney
Public defenders in Florida work hard, but they often carry overwhelming caseloads. That means they may not have the time to thoroughly investigate your case, file the right motions, or negotiate aggressively with prosecutors. A private attorney can focus fully on your defense. I can examine every piece of evidence, challenge unlawful searches or seizures, and push for the best possible resolution, whether that is dismissal, acquittal at trial, or reduction to a lesser charge such as dealing in stolen property at a misdemeanor level.
Having a private defense lawyer also means having someone who will fight for your rights at every stage, from bond hearings to trial, and who will not pressure you into a plea deal unless it truly benefits your future.
A Real Case Example
Several years ago, I represented a young man accused of selling stolen electronics through a pawn shop in Tampa. The police claimed that because he had pawned three laptops within a short period, he must have known they were stolen. The reality was very different. He had purchased the laptops at a weekend yard sale, believing them to be legitimate. He had even received hand-written receipts.
The prosecution relied on the inference of knowledge under Section 812.022. However, I was able to present the receipts, testimony from the individual who sold him the items, and evidence that he had no prior criminal history. After aggressive negotiations and pretrial motions, the State agreed to dismiss the trafficking charge. My client avoided prison and kept his record clean. This case shows how important it is to have an attorney who will dig into the facts and challenge the assumptions made by prosecutors.
Related Florida Statutes You Should Know
Several other statutes can impact trafficking in stolen property cases:
- Florida Statutes Section 812.014 – Theft: The underlying theft statute often forms the basis for trafficking charges.
- Florida Statutes Section 812.022 – Proof of theft: Provides inferences prosecutors may use, such as possession of recently stolen property.
- Florida Statutes Section 775.082, 775.083, and 775.084 – Sentencing: These statutes outline penalties, probation terms, and enhanced penalties for repeat offenders.
Understanding these laws is critical to building a defense. As your attorney, I will examine how these statutes are applied in your case and use them to your advantage whenever possible.
Fighting for Charge Reductions and Lesser Penalties
Even when the evidence against you seems strong, there are often opportunities to secure a reduced charge or lighter penalties. Depending on the facts, I may be able to negotiate for:
- Reduction to dealing in stolen property as a misdemeanor
- Probation instead of prison
- Pretrial diversion programs that allow you to avoid a felony conviction
- Restitution agreements that resolve the case without harsh sentencing
The goal is always to protect your freedom, your record, and your future.
Frequently Asked Questions About Florida Trafficking in Stolen Property
What does “trafficking” mean under Florida law?
Under Section 812.012(8), “traffic” means to sell, transfer, distribute, dispense, or otherwise dispose of property, or to buy, receive, possess, or obtain control of property with the intent to sell or distribute it. This definition is broad, which allows prosecutors to apply the law to a wide range of conduct. An experienced defense attorney can help narrow its application in your case.
Can I be charged if I only tried to sell the property but never actually sold it?
Yes. Florida law punishes both the act of trafficking and the attempt to traffic in stolen property. Even if no sale occurred, an attempt may be prosecuted as a felony. However, attempts are often easier to defend because the State must prove both intent and action.
What if I did not know the property was stolen?
Lack of knowledge is one of the strongest defenses. The prosecution must prove beyond a reasonable doubt that you knew or should have known the property was stolen. If you had no reason to suspect it, or if you can show you acted in good faith, the charge may not hold.
Can trafficking charges be reduced to theft?
Yes. In some cases, a defense attorney can negotiate with the prosecutor for a charge reduction. For example, a trafficking charge may be reduced to theft or dealing in stolen property at a misdemeanor level, which carries lighter penalties. This is one of the main reasons to hire a private attorney who can aggressively negotiate on your behalf.
What are common situations that lead to trafficking charges?
Many cases arise from pawn shop transactions, sales through online marketplaces, or transactions involving electronics, jewelry, or construction equipment. Police often monitor these sales and use them to build trafficking cases. Unfortunately, honest buyers and sellers can get caught in these investigations.
What happens if I am convicted?
A conviction for trafficking in stolen property will result in a felony record, possible prison time, probation, fines, and collateral consequences such as loss of employment opportunities and professional licenses. Because the impact is long-term, fighting the charge is absolutely necessary.
Can a trafficking charge affect immigration status?
Yes. Because trafficking in stolen property is classified as a crime involving moral turpitude, non-citizens convicted of the offense face possible deportation or denial of naturalization. A private attorney can help protect your immigration status while defending you in criminal court.
Can a trafficking charge be expunged from my record?
If you are convicted, the answer is no. Felony convictions cannot be sealed or expunged in Florida. However, if your case is dismissed, dropped, or you receive a “withhold of adjudication” in some circumstances, you may qualify for record sealing or expungement. That makes it even more important to fight the charge aggressively.
Do I need an attorney immediately after being arrested?
Yes. The earlier you have an attorney, the better your chances of building a strong defense. Early intervention can help secure a lower bond, protect you from making damaging statements, and begin the process of challenging the State’s evidence. Waiting only gives prosecutors an advantage.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with criminal and traffic offenses. We are available day and night, every day of the year, at 1-888-484-5057 for your free consultation. With over 30 office locations across Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle, we stand ready to fight for your rights and your future.