Possession of Stolen Property Lawyers in New Port Richey, Florida
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Possession of stolen property is a criminal offense in the state of Florida. Defendants could face a variety of penalties and consequences depending on what type of crime they have committed. It is best to obtain the services of an experienced law firm or attorney in order to fight for your rights. A knowledgeable attorney will be able to provide a defense that can be the difference from having a lifetime of legal issues to settling for much lesser charges.
One thing that many will do if they have been charged with any crime is to try and get out of it. While this may seem like a good idea at the time, it could not be further from the truth. What you say could be twisted or turned or taken out of context, which could result in a conviction on your part. Before you speak a word about possession of stolen property, you should obtain the services of an experienced lawyer. Musca Law Firm has the qualifications to fight your case for you in the New Port Richey area, as well as the rest of Florida. We will be your voice and fight for you.
Don’t hesitate to contact our New Port Richey office today at (727) 480-9675 to schedule a free initial case consultation with one of our experienced criminal defense attorneys.
Possession of Stolen Property in New Port Richey
In order to prove that there was a crime of possession of stolen property during a trial, the prosecution will need to prove the following:
Possession of Stolen Property Defined
Property is defined as anything that has value, including real property (items that are growing to, fixed on, or found on land). It also includes tangible and intangible personal property. In this list, it includes interest, claims, service, privileges, and rights.
Property that has been wrongfully taken is the definition of stolen property. It may also be property that the defendant could have purchased as stolen property.
Trafficking can be defined as selling or disposing of the stolen property. You may have also bought, possessed, sold, received, obtained control of, or used the stolen property that is in question. To go along with this, you must have a clear motive to sell, transfer, distribute, dispense, or dispose of the property.
Other Terms Used With Stolen Property As Per Florida Statutes
Cargo: partial or full shipments, cartons, or containers of property that are on a vessel, warehouse, aircraft, freight station, freight consolidation facility, or air navigation facility, trailer, or a motor truck.
Property of another: property in which an individual has an interest upon which another individual is not privileged to infringe without consent, whether or not the other person also has an interest in the property.
Dealer in Property: an individual in the business of buying and selling property
Obtains or uses: exercising control of property; obtaining property by fraud, false promise, or willful misrepresentation of a future act; or making any unauthorized use, disposition, or transfer of property.
Value: the market value of a property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. The value of a written instrument that does not have a readily ascertainable market value, such as a check, draft, or promissory note, is the amount due.
Theft in New Port Richey
An individual commits a theft when he or she uses or seeks property that is owned by another individual who has the intent to:
Laws are subject to change depending on what the total value was of the theft. Chapter 812.04 (2)(a) states that anyone that commits theft under the following circumstances will face being charged with a felony in the first degree:
Possessing Altered Property In New Port Richey
Anyone who possesses property that has been altered (removed without the permission from the owner or the manufacturer), and should have been aware of important information, such as a serial number, shall be charged with a misdemeanor in the first degree. This will result in a fine of $1,000 and up to one year in jail.
Trafficking Stolen Property In New Port Richey
Anyone who takes part in the trafficking of stolen property or makes an attempt to traffic this property shall be charged with a second-degree felony. The individual must know that the property was stolen. Penalties for this will include a fine of $10,000 and up to 30 years in prison.
A first-degree felony will be charged for anyone that supervises or organizes any activity that involves trafficking of stolen goods/property and attempts to traffic the stolen property. Penalties for this include life in prison, as well as fines of $10,000 or $15,000.
Trafficking Stolen Property In New Port Richey Via the Internet
An individual can be punished in one of the following ways if they take part in trafficking stolen property via the internet:
- The defendant trafficked the alleged property or attempted to traffic it.
- The defendant knew or should have known that the said property was stolen.
- Use the property to his or her advantage
- Keep the owner from obtaining rights to it
- Prevent the owner from the benefits of the property
- If the stolen property has a value of $100,000 or more or is a semitrailer owned and supervised by a law enforcement member.
- If the stolen property has a value of $50,000 or more that has entered an interstate commerce stream between the shipper’s platform and the loading dock.
- If the individual has committed grand theft.
- If the defendant used a motor vehicle as an instrumental part of the theft (other than the obvious use as a getaway vehicle).
- If the defendant, in the process of committing the crime, caused damages to the actual property that exceeds $1,000.
Consequences and Penalties for Possession of Stolen Property In New Port Richey
Possession of stolen property in New Port Richey has steep consequences and penalties. It will be classified as a felony in the second degree. This carries penalties of up to fifteen years in prison, fifteen years of probation, and a fine of $10,000.
Charges can be upgraded to a first-degree felony when an individual traffics the stolen property after initiating, organizing, planning, financing, directing, managing, or supervising the theft of property. Penalties for this include up to thirty years in prison.
In Florida, the Department of Corrections assigns felonies different levels. Anything over 44 points will result in spending time in prison for a specific amount of time. If there are mitigating circumstances, the judge can lower the time in prison if need be.
As dealing in stolen property is a level 5 offense, it will be assigned 28 points. If there are additional charges given at the same time, 5.6 points will be added for each additional offense.
Rebuttable Inferences For Stolen Property
It can be very hard for the prosecution to prove that the defendant had knowledge that the property was stolen. The prosecution will most likely want to prove what the intent was for the stolen property.
However, the Florida Court System has developed rebuttable interferences of the defendant’s knowledge. These interferences are shortcuts that a prosecution can use.
- For property that is valued at $300 or less, the defendant will be charged with a second-degree misdemeanor. Penalties include a fine of $500 and up to 60 days in jail.
- For property that is valued at over $300, the offender will be charged with a third-degree felony. Penalties include a $5,000 and possible jail time.
Defenses for Stolen Property In New Port Richey
The following are all defenses that can be used for stolen property:
Florida Statutes (Defenses Precluded)
It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that:
(1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed.
(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided.
(3) Property that was not stolen was offered for sale as stolen property.
(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
The following list is reference points that can be used for stolen property:
Florida Statutes- Section 812.012: Definitions of Stolen Property
Florida Statutes- Section 812.014: Definitions of Theft
New Port Richey Stolen Property Attorney
Should you have charges of stolen property pressed against you, large fines and long jail sentences could be in your future. These charges will also go on your criminal record, which can make it hard to obtain employment, receive government assistance such as financial aid, find housing, or gain professional licenses. But it does not have to be this way! Musca Law Firm, located in New Port Richey as well as other Florida cities, wants to help you. Our team of attorneys has well over 150 years of combined experience. We offer free consultation and really listen to your case. We will then put together the best possible defense that is strong. Our attorneys will go head to head with the prosecution and expose their weaknesses in the case All of our attorneys have strong negotiation skills and will do whatever it takes to find you a favorable outcome. Call us today 24 hours a day, 7 days a week, to schedule your consultation with one of our skilled and knowledgeable attorneys.
Don’t hesitate to contact our New Port Richey office today at (727) 480-9675 to schedule a free initial case consultation with one of our highly qualified criminal defense attorneys.
- The prosecution will need to prove possession of property that was stolen recently. Unless it can be satisfactory explained, there is an inference offender knew – or should have known – the property was indeed stolen. (Florida Statute § 812.022(2))
- The prosecution must prove the object was bought or sold at a cost that is considerably below fair market value. The burden of proof will be on the offender in this case to provide a reasonable excuse for this. (Florida Statute § 812.022(3))
- The prosecution will need to prove the possession of a motor vehicle wherein the ignition mechanism has been bypassed or broken. (Florida Statute § 812.022(6))
- The prosecution will need to prove the sale or purchase of the object by a dealer was out of the regular course of business or without the usual indications of ownership. The burden of proof is on the offender to offer an excuse that is reasonable. (Florida Statute § 812.022(4) )
- The prosecution must prove a dealer who regularly deals in stolen property that was used was in possession of the stolen goods, particularly where the name, address, initials, phone number or other identifying information of someone other than the person offering is displayed somewhere on the item. (Florida Statute § 812.022(5))
- The defendant lacked the knowledge that the object in question had been stolen.
- The defendant was pawning the object(s)for another individual and was not aware of the object (s) had been stolen prior to taking to the pawnshop.
- There is a mistaken identity issue.
- The alleged victim in the case made untrue allegations regarding his or her ownership of the property in question
- The objects in question were not trafficked. You believed you had the right to sell or dispose of the property
- The property in question was not stolen.
- The defendant has a reasonable explanation as to which argues against the knowledge of the stolen property
The defendant was intoxicated at the time of stealing the property.
The defendant has a mental disease that would have caused them to believe it was acceptable to steal property from another individual.
- The defendant never had actual possession of the item that was supposedly stolen.