Dealing in stolen property is one of the most serious theft-related charges in Florida, and one of the most often overcharged. It targets the sale of stolen goods rather than the taking, and it can carry more than the theft that produced the property.
Trafficking and Organizing
Section 812.019 splits the offense in two, by the level of involvement.
| Conduct | Degree | Maximum |
|---|---|---|
| Trafficking, or attempting to traffic, in property known or that should be known to be stolen | Second-degree felony | 15 years |
| Initiating, organizing, planning, financing, directing, or managing the theft and then trafficking in the property | First-degree felony | 30 years |
Trafficking is defined broadly and reaches selling, transferring, or buying with intent to resell. A person may be charged with theft or dealing for the same property but convicted of only one, under section 812.025. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where theft cases move in volume and the State counts on no one testing the proof. Almost every theft charge turns on three things the prosecutor has to prove, the value of what was taken, the intent to deprive, and, in a stolen-property case, knowledge that the goods were stolen, and all three are softer than they look. I know how the State builds a theft case and where it tends to fall apart, on a value that cannot be proven, on an intent that was never there, and on the search that produced the evidence. Learn more about my background.
Knowledge Is Where the Case Is Won
The State must prove you knew or should have known the property was stolen. Section 812.022 lets it argue an inference of knowledge from facts like possession of recently stolen property or a purchase far below value, but that inference can be answered. A receipt, a normal price, an ordinary transaction, and no signs of a bad deal all cut against the knowledge the State needs, and without that knowledge the charge does not stand.
Theft or Dealing, but Not Both
Section 812.025 allows the State to charge both theft and dealing in stolen property for the same property, but a defendant can be convicted of only one. Where the facts really show a simple theft or only possession, rather than selling or transferring stolen goods, the dealing charge is the one to attack, and forcing the State to elect can cut a second-degree felony down to the underlying theft.
How I Defend a Dealing Charge
I focus on knowledge, on whether there was any trafficking at all, and on the election the statute requires. If the proof shows possession rather than a sale, it is not dealing. If there was no reason to know the goods were stolen, the inference fails. And where the property was found through an unlawful search, suppression can end the case. These charges often ride with a grand theft or a burglary, and they are defended together.
Common Questions
How serious is dealing in stolen property?
Very. Trafficking in property you know or should know is stolen is a second-degree felony under section 812.019, punishable by up to fifteen years, the same level as armed robbery. Organizing the theft and then trafficking in the goods is a first-degree felony, up to thirty years. The charge often carries more than the underlying theft it grew out of.
Why is dealing charged instead of theft?
Because it punishes the sale, not just the taking. Theft of $1,000 in goods is a third-degree felony, but selling those same goods as stolen is a second-degree felony, so the person who resells can face more than the person who stole. Prosecutors sometimes file dealing when the facts really only show possession or theft, which is a charge worth challenging.
Can I be convicted of both theft and dealing for the same property?
No. Section 812.025 lets the State charge both theft and dealing in stolen property for the same property, but a person can be convicted of only one, not both. Which one the case really fits, and forcing the State to elect, is often a key part of the defense.
What does the State have to prove about my knowledge?
That you knew or should have known the property was stolen. That knowledge element is where most of these cases are won or lost. The law allows an inference of knowledge from things like possessing recently stolen property or buying it far below value, but a normal purchase at a fair price, with no red flags, undercuts the inference.
What are the defenses to a dealing charge?
The strongest defenses are lack of knowledge, no trafficking, and election. If you did not know and had no reason to know the goods were stolen, the charge fails. If the facts show only possession rather than selling or transferring, it is not dealing. And where both theft and dealing are charged, the State can be held to one. An unlawful search can also remove the evidence.
Related: Theft overview, Grand theft, Burglary, and Search and seizure.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Theft offenses are governed mainly by chapter 812, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
