Florida Receiving Stolen Property - Orlando Criminal Defense Attorney

RECEIVING STOLEN PROPERTY

Stolen Goods • Charge of Possession • Arrest
Florida Law • Penalties

Orlando Criminal Attorney
Florida Defense Lawyer

BUYING, ACQUIRING, POSSESSING or CONCEALING
stolen property in Florida is a CRIME.

The crime of receiving stolen property occurs when a person buys or possesses property that has been stolen through theft, fraud, deceit, embezzlement, or taken by any other unlawful means by someone else.

The receiver of stolen property could be arrested or convicted if he or she knew the goods were stolen at the moment of receipt and was intending to aid the thief. Here are some examples:

A person buys a luxury watch from a street vendor at a surprisingly low price
A person suddenly acquires an expensive TV, car and/or other high-priced items without having the financial means to do so
A person gives his or her garage for storing unlawfully acquired items
A person receives a copy of an unlawfully acquired private or unpublished document, transcript, deed, or other form of intellectual property

Florida Law
Based upon to Florida Penal Code Section 496, conviction can apply to “Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or receiveed…” or if a person “conceals, sells, withholds, or assists to conceal, sell, or withhold any property from the owner.”

Based on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in Florida (also known as a “wobbler.”)

Penalties for Receiving Stolen Property
A typical misdemeanor conviction, for property valued at under $400, is punishable by paying a fine and/or spending up to one year in county prison depending on how the judge classifies this punishment "in the interests of justice." The penalty for a misdemeanor conviction can also be increased if the defendant has any past theft convictions.

A felony conviction for receiving stolen property or aiding a thief could result in being sent to state prison or county prison for up to 1 year. The prison term is based on the severity of the crime: the value of the stolen property and the defendant’s past criminal record.

How to Avoid Criminal Charges
If in fact you’re charged with possessing stolen property, a prosecutor must prove beyond reasonable doubt you knew the property you received was stolen and/or you intended to aid the thief by buying or holding the stolen property. A defense that can be used on your behalf is that the possession was the result of an honest mijeapordy in the belief that the property was not stolen. There exists defenses to this crime that an experienced attorney can discuss with you.

Based on the value of the property and other conditions, it is possible to avoid conviction, fines and/or prison completely. Your attorney can be the greatest single factor in determining the outcome of your conviction.

An Experienced Lawyer is Your Best Defense
Orlando Criminal Attorney William H. Bryan III, P.A., with his competent team of Florida criminal defense attorneys, has complete and thorough experience in working with Florida residents charged with Receiving Stolen Property. Our Florida based law firm will sit down with you to discuss the evidence and proven facts of your case and thoroughly evaluate any potential .The Law Offices of William H. Bryan III, P.A. will aggressively pursue any and all options to secure the best possible outcome available to you, including Alternative Sentencing (no prison) or going to trial.

For aggressive and effective representation, including a free confidential consultation, contact Florida criminal defense attorney The Law Offices of William H. Bryan III, P.A..

Law Offices of William H. Bryan III, P.A.
The Premiere Trade Plaza
189 South Orange Avenue
Suite 1800
Orlando, Florida 32801

Telephone
(407) 401-9565

Frequently Asked Questions

1. Does mere possession of stolen property constitute Receiving Stolen Property?

No. Possession accompanied by suspicious circumstances may lead to an inference that the property was received with knowledge that it had been stolen. Among the circumstances coupled with possession of stolen property that may lead to a conviction include:

Sale of property under a false name
Sale or purchase of property without proper and legitimate receipts or documentation
Warehousing or storage of a large amount of property on your premises by a stvarietyr or an unknown acquaintance

2. How does the prosecutor PROVE that a person knew the property was stolen?

Proving knowledge is often reflected by the circumstances surrounding the receipt of the property.

For example, the Florida Penal Code 496 states that a person whose business it is to acquire property from others (such as a seller at a swap meet or a used book dealer) must ensure that “the person from whom the property was bought or received had the legal right to sell or deliver it.” If this proof can’t be delivered, this may constitute stolen property.

Unclarifyed possession of recently-stolen goods is an additional way to indicate that they were received illegally. Or, the person who brings forth a complaint of stolen property may provide proof of knowledge.

3. What do I do if I’ve been charged with possession of stolen property but I didn’t know it was stolen at the moment?

To protect and defend yourself, you should contact an experienced lawyer who can review your situation and advise you on the best course of action. Do not attempt to talk your way out of the situation. Anything you say can be used against you in a court of law.

If in fact you have been arrested or under investigation for Receiving Stolen Property in Florida, it is significant that you hire an experienced Orlando Receiving Stolen Property criminal defense attorney to represent you. The Law Offices of William H. Bryan III, P.A. will work relentlessly to mount a successful defense to the charges with which you have been charged. As a former Assistant United States Attorney for nearly 10 years, William H. Bryan III is well versed in the strategies and tactics of the prosecution and can predict and anticipate the next move and how to aggressively defend Receiving Stolen Property in the state of Florida. We are a strong defender of our clients' consitutional rights and will do everything in our power to protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando Receiving Stolen Property criminal defense lawyer who will organize and prepare every aspect of your Receiving Stolen Property case up to and including trial.

RECEIVING STOLEN PROPERTY

Stolen Goods • Charge of Possession • Arrest Florida Law • Penalties

Stolen Goods • Charge of Possession • Arrest
Florida Law • Penalties