While the allure of acquiring something at a fraction of its market value might seem tempting, the legal implications and ethical dilemmas involved are far from straightforward. Whether you are seeking information to better understand the laws surrounding this crime or you have found yourself entangled in a situation involving stolen property, what will happen next may depend on the specific circumstances surrounding the case.
Do not try to face a criminal charge for receiving stolen property alone. With over 30 years of experience, Criminal Defense Attorney Brian Gabriel is capable of providing you with the powerful defense strategies needed to protect your rights. Your future may depend on the decisions you make now, so take the first step toward a strong defense.
What To Know About Receiving Stolen Property in Florida
Florida, typically known for its beautiful beaches and vibrant cities, also has its fair share of criminal activity, meaning receiving stolen property is not unheard of in the Sunshine State. This crime, defined under Florida Statute 812.019, carries serious consequences for those found guilty.
Receiving stolen property, often referred to as “fencing,” involves knowingly possessing, selling, or dealing in property that has been stolen. This crime not only encourages theft but also perpetuates the cycle of criminal activity.
Elements of Receiving Stolen Property
To secure a conviction for receiving stolen property in Florida, the prosecution must prove certain elements beyond a reasonable doubt. These elements include:
- Knowledge: The defendant must have known, or should have reasonably known, that the property was stolen.
- Possession: The defendant must have had physical control or possession of the stolen property.
- Intent: The defendant must have intended to either permanently or temporarily deprive the rightful owner of the property or benefit from it.
It is essential to consult a qualified criminal defense lawyer who can review the specifics of your case and build a strong defense strategy tailored to your situation.
Penalties for Receiving Stolen Property in Florida
Dealing in stolen property charges are usually second-degree felonies in Florida, punishable by up to 15 years in jail or 15 years on probation, as well as a $10,000 fine.
However, dealing in stolen property becomes a first-degree felony (punishable by up to 30 years in prison) if a person initiates, organizes, plans, finances, directs, controls, or supervises property theft and subsequently traffics in such stolen property.
Defenses Against Receiving Stolen Property Charges
If you are facing criminal charges in Florida for receiving stolen property, it is crucial to speak with an experienced criminal defense lawyer. They can help you explore potential defenses, such as:
- Lack of knowledge: Demonstrating that you were unaware the property was stolen can be a valid defense.
- Lack of possession: If you did not physically possess the stolen property, you may have a strong defense.
- Consent: If you had the owner’s consent to possess the property, this can be used as a defense.
- Mistaken identity: Proving you were not the individual who possessed or dealt with the stolen property can also be a defense strategy.
Remember, everyone is entitled to a fair defense, and seeking legal counsel is a fundamental right in the American justice system, so do not feel like you have to take on this fight alone.
Set Up a Free Consultation with an Experienced Florida Criminal Defense Attorney
Receiving stolen property charges in Florida are not to be taken lightly. A conviction can lead to severe penalties, including imprisonment and fines. If you find yourself facing these charges, Criminal Defense Attorney Brian Gabriel can work to minimize the consequences or even secure a favorable outcome in your case. He will handle your case using all the knowledge and skills developed over the span of his 30-year career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.