Florida treats dealing in stolen property as a felony even if you didn’t steal the items yourself. Under Florida Statute §812.019, buying, selling, receiving, or otherwise trafficking in property you knew or should have known was stolen is a second-degree felony carrying up to 15 years in prison and a $10,000 fine. If you organized or planned the underlying theft as well, the charge becomes a first-degree felony with up to 30 years of exposure.
The “I didn’t steal it, I just bought it” situation is exactly what this statute is designed to catch. Whether you bought jewelry from someone at half price, sold goods for a friend, or pawned items at someone else’s request, Florida law can hold you responsible if a jury decides you had reason to know the property was stolen.
An arrest is not a conviction. How these cases are charged and what defenses are available depends heavily on the specific facts—so the earlier you get an attorney involved, the more options exist.
What Is Dealing in Stolen Property Under Florida Law?
Florida Statute §812.019 defines two distinct offenses.
The most common is standard dealing in stolen property under §812.019(1). To convict, prosecutors must prove two things beyond a reasonable doubt:
- The defendant trafficked in, or tried to traffic in, property.
- The defendant knew, or should have known, that the property was stolen.
“Trafficking” under this statute is broad. It covers selling, transferring, distributing, possessing with intent to sell, or buying stolen property. You do not need to run a fencing operation or move large quantities. A single transaction can qualify.
The second offense, §812.019(2), applies to people who not only dealt in the stolen goods but organized, planned, financed, or directed the theft itself before trafficking the property. That escalates the charge to a first-degree felony.
Florida uses the term “dealing in stolen property” rather than “receiving stolen property,” which is how other states refer to the same category of offense.
Florida Statute 812.019 Penalties for Dealing in Stolen Property
| Offense Level | Maximum Prison | Probation | Fine |
| Second-degree felony — §812.019(1) | 15 years | Up to 15 years | Up to $10,000 |
| First-degree felony — §812.019(2) | 30 years | Up to 30 years | Up to $10,000 |
Courts can also order restitution, meaning you pay the original owner back for the value of the stolen property even if you never personally stole it and paid for it yourself.
Beyond the sentence, a felony conviction carries lasting consequences: employment background checks, professional licensing barriers, restrictions on firearm possession, immigration consequences if you are not a U.S. citizen, and potential effects on child custody or housing applications.
How the “Should Have Known” Standard Works in Florida Stolen Property Cases
The most contested element in these cases is usually knowledge. The State does not need to prove you knew with certainty that property was stolen. It only needs to prove you should have known.
Florida Statute §812.022 creates several rebuttable inferences that allow the prosecution to argue knowledge from circumstantial evidence.
Possession of recently stolen property. If you had stolen property and cannot satisfactorily explain how you got it, the law allows the jury to infer you knew it was stolen.
Below-market purchase price. Buying or selling property at a price substantially below fair market value creates an inference of knowledge. If a deal seems too good to be true, the law says you should have asked questions.
Out-of-regular-course dealing. A used goods dealer who buys without the normal documentation or indicia of ownership faces an inference that they knew the goods were stolen.
Bypassed vehicle ignition. If you had a stolen car and the ignition had been bypassed or the steering lock broken, the law infers you knew it was stolen.
These inferences are rebuttable. “Satisfactorily explained” is the standard, and what that means in practice is where the defense begins.
Florida Dealing in Stolen Property Defenses
Because knowledge is the key element the State must prove, most defenses attack it directly.
Genuine lack of knowledge. If you had no reason to suspect the property was stolen (paid fair market value, received legitimate documentation, and bought from a source that seemed credible) a jury may find the knowledge element is not met. This defense is strongest when your account is consistent and supported by purchase records, messages, or witnesses.
Satisfactory explanation of the circumstances. Even where the State invokes a rebuttable inference, you have the right to explain why your conduct was legitimate. A receipt, a text message, a provable relationship with the seller, or a reasonable belief in ownership can all factor in.
Lack of trafficking. The statute requires active trafficking, meaning an active role in moving, selling, or intending to sell the property. Passive possession in some circumstances may not satisfy this element.
Property was not stolen. If the alleged stolen property was not actually stolen (the owner consented to its sale, the claim of theft is mistaken, or there is a genuine dispute about ownership) the underlying charge fails.
Pawning at someone else’s request without knowledge. This situation comes up more than people realize. If someone handed you items to pawn and you had no reason to believe they were stolen, that factual context matters directly to the knowledge element.
Constitutional challenges. How police discovered the property matters. Evidence obtained through an unlawful search or seizure can be suppressed, which often changes the entire trajectory of a case.
As a former prosecutor, Carrie Rentz reviewed theft and stolen property cases from the State’s side of the courtroom for years. What she saw, repeatedly, is that many of these charges rest on circumstantial inferences, and those inferences often have legitimate explanations that the initial police report does not capture. The defense has real room to work in these cases.
Related Charges That Appear Alongside Florida Stolen Property Cases
Dealing in stolen property is rarely a standalone charge. In Orange County and Seminole County courts, these charges commonly appear with the following.
Grand Theft Under Florida Statute 812.014
If you are also accused of stealing the property yourself, grand theft charges often accompany the dealing charge. The threshold in Florida for grand theft is property valued at $750 or more. For more on how theft charges work in Central Florida, see the Orlando theft crimes defense page.
Giving False Information to a Pawnbroker Under Florida Statute 538.09
If stolen items were pawned using false identification or false statements about ownership, a separate charge under Florida’s pawnbroker statutes can follow.
Conspiracy
When two or more people are alleged to have worked together, conspiracy charges can be added to dealing charges.
Multiple counts at once complicate the case and raise the combined sentencing exposure significantly. That is another reason to get an attorney reviewing the full picture before anything is filed or resolved.
Typical Process After a Dealing in Stolen Property Arrest in Orlando
After an arrest for dealing in stolen property in Central Florida, most cases move through the following stages.
- Booking and first appearance. You will be booked and typically brought before a judge within 24 hours, where bond is addressed and the charges are formally presented.
- Filing decision. The State Attorney’s Office has time after arrest to decide what charges to formally file. This window, before charges are locked in, is one of the most important opportunities for an attorney to present mitigating information and potentially affect what gets filed and how.
- Arraignment. The formal hearing where you enter a plea.
- Discovery and pretrial motions. Your attorney reviews the State’s evidence, which in stolen property cases typically includes police reports, surveillance footage, pawnshop transaction records, and witness statements. Motions to suppress unlawfully obtained evidence are common and can be decisive.
- Negotiation and resolution. Most cases do not go to trial. Based on the evidence, your record, and the circumstances, outcomes can include reduced charges; withhold of adjudication; probation alternatives that avoid a felony conviction on your permanent record; and in qualifying first-offense cases, potential diversion.
- Trial. If the case proceeds, the State must prove every element beyond a reasonable doubt. Knowledge is where the defense typically has the most traction.
Frequently Asked Questions: Dealing in Stolen Property in Florida
Is Dealing in Stolen Property Always a Felony in Florida?
Yes. Under §812.019, both levels of this offense are felonies. The standard charge is a second-degree felony. The enhanced charge, which applies when the defendant also organized the underlying theft, is a first-degree felony. There is no misdemeanor version of this offense under Florida law.
Can I Be Charged With Dealing in Stolen Property if I Genuinely Did Not Know It Was Stolen?
Knowledge, whether actual or constructive, is a required element. If you truly had no reason to know the items were stolen and can support that with evidence, that is a legitimate defense. The challenge is the “should have known” standard, which allows juries to infer knowledge from circumstances like a low purchase price or unexplained possession. The defense works to dismantle those inferences using the actual facts of your situation.
Does It Matter How Much the Stolen Property Was Worth?
No, not for the dealing-in-stolen-property charge itself. Unlike standard theft charges in Florida, which scale up from misdemeanor to felony based on value, §812.019 is a second-degree felony regardless of the dollar amount involved. Even a low-value item triggers felony-level exposure under this statute.
What if I Bought the Property at a Flea Market or Through Facebook Marketplace?
The source matters, but it does not automatically protect you. If the circumstances (a suspiciously low price, no documentation, a seller who could not identify the item’s origin) were such that a reasonable person should have been suspicious, the prosecution can still argue knowledge. What you actually knew, and what the full context reasonably suggested, is where that defense gets built.
Can a Dealing in Stolen Property Charge Affect My Immigration Status?
Potentially, yes. A felony conviction in Florida can trigger deportation proceedings or affect visa status, eligibility for citizenship, and adjustment of status. If you are not a U.S. citizen, immigration consequences should be part of your conversation with your attorney from the start.
Can This Charge Be Expunged From My Record?
It depends on how the case resolves. If charges are dismissed, you may be eligible to petition for expungement of the arrest record. A conviction, including a plea of guilty or no contest, generally cannot be expunged. Withhold of adjudication may preserve eligibility, depending on your prior history and the specifics of the case. For more on record options in Florida, see the expungement attorney page.
Contact an Orlando Theft Crimes Defense Attorney
If you have been charged with dealing in stolen property in Orange County or Seminole County, call Rentz Law at (407) 214-3878 or request a consultation online. Carrie L. Rentz handles every case personally, no hand-offs, no case managers, and you will have direct access to your attorney from the first call forward.
This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Contact Rentz Law directly to discuss the facts of your specific situation.
Attorney Carrie L. Rentz has practiced law in Florida since 2004. She began as an Assistant State Attorney for the 18th Judicial Circuit, handling misdemeanors and later felonies, before discovering her passion for defending the accused. After working part-time with the Office of Criminal Conflict and Civil Regional Counsel while managing her private practice, she transitioned to running her firm full-time. She has since handled thousands of criminal cases—focusing on drug crimes, sex crimes, domestic violence, theft, and juvenile offenses—and earned a 10.0 Superb Avvo Rating, ranking her among the National Trial Lawyers’ Top 100 Trial Attorneys.