Possession of Stolen Property
possession of stolen propertyA stolen property charge in Miami, Florida is serious crime and prosecutors will do everything that they can to make sure that justice is served. With the number of pawnshops in the Miami, Florida area theft and are far too common. A good defense attorney is going to be needed for anyone that has been charged with possession of stolen property.
- What is the punishment if found guilty of possession of stolen property?
- What actions will a defense attorney take to help a client charged with stolen property?
- What actions should an individual take if they have been charged with violating stolen property laws?
In Miami, Florida possession of stolen property can be defined as possession, or endeavor to possess, property, anything of value or anything tangible, that a person knows or should have known was stolen. If you have been arrested for violating stolen property laws in Miami, Florida you are going to need a criminal defense attorney in order to avoid severe punishment by the law. Possession of stolen property is considered to be a second-degree felony and a level 5 offense under the Florida’s Criminal Punishment Code. A person can be subject to the following penalties if they are found guilty:
- 15 years in prison
- 15 years of probation
- $10,000 in fines
Quality defense attorneys will take advantage of pretrial and trial defenses in an attempt to help their clients who have been charged with stolen property. While a prosecutor needs to prove that the individual being charged with possession of stolen property is guilty beyond a reasonable doubt it is a defense attorneys duty to prove that their client did not know that they were in possession of stolen property. Without a seasoned attorney proving that is going to be extremely difficult.
Miami, Florida stolen property laws are categorized into different degrees of seriousness. Grand theft is when a person is in possession of stolen property that is valued over the amount of $300. Having possession of stolen property under $300 is viewed to be petit theft and the defendant will likely be charged with a misdemeanor in the first degree. The penalties for a misdemeanor charge can result in an individual spending up to a year behind bars.
If an individual is a repeat offender in dealing with stolen property the punishments by the court are likely going to be more severe. The three-strike law often comes into play when dealing with stolen property laws. Individuals who have been found guilty of previous felony convictions within 5 years of their most recent arrest previous may be sentenced to double the sentencing as someone who is being charged with their first felony offense.
A defense attorney will attempt to work with the state prosecutor to file “no information”. Through “no information” the charges of stolen property that an individual was arrested for will be withdrawn. “No information” can be reached if a defense lawyer can explain to the prosecutor how the defendant got the possession of stolen property without actually knowing that it was stolen property. The Miami, Florida law states that a person either knew or did not know that they were in possession of stolen property.
By gaining the services of a defense attorney sooner then later an individual will have a better chance at convincing the state prosecutor to reduce or completely dismiss the charges of “dealing in stolen property”.
If you have been charged with breaking any stolen property laws do not go into court without a defense attorney who has had experience with other clients who have been charged with stolen property. Make sure to get a criminal defense attorney who will look at all the facts of your specific case and then put together a catered defense plan to give you the best chance at having your charges reduced or dismissed.