If My Friends Property is listed as Stolen, Can I Be Held Responsible for pawning it?
by
James Davis on Mar. 20, 2014
Criminal Felony Criminal Misdemeanor Consumer Rights Consumer Protection
Summary: Over the past several years, second-hand stores and pawn shops have gained in popularity. Many people are finding out that there is value - sometimes a lot - in things they no longer need or use.
Over the past several years, second-hand stores and pawn shops have gained in popularity. Many people are finding out that there is value - sometimes a lot - in things they no longer need or use. Although it is not illegal about selling or pawning your own used property, you should still exercise caution if another person wants you to sell or pawn their property for them. You might face serious criminal charges in Florida if the property turns out to be stolen.
Dealing in Stolen Property
It is a crime to pawn or sell property that is stolen in Florida. In Florida, Statute 812.019 deals with stolen property and says: "Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree." It is not surprising that many people who get charged with pawning or selling stolen property say they did not know it was stolen. The State of Florida addressed that defense with Florida Statute 812.022(2) which says: "Except as provided in' subsection (5), proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen."
Even though you bought the merchandise from your friend, you still could face criminal charges, especially if the price you paid was much below market value. Florida Statute 812.022(3) reads: "Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen."
Penalties for Pawning Stolen Property
In Florida, if you get charged with dealing in stolen property, you could face a second degree felony charge, which could get you up to 15 years in prison with a possible fine of up to $10,000 if convicted. Additionally, a convection of dealing in stolen property might be used to find you to be a "habitual felony offender," especially if you have a criminal record and may add an additional term of imprisonment to your sentence.
Do I Have a Defense?
Obviously, by now you should see that dealing in stolen property can come with harsh penalties. Therefore, you should take this very seriously if you get charged with pawning or selling stolen property. The property not belonging to you may be a defense. Indications in the statute show that if you are in possession of stolen property, you should have known that the property was stolen. However, it may be possible to convince the court you really did not know it was stolen.
If you get the help of a Jacksonville criminal defense lawyer who is experienced, you might be able to show evidence, for example, that might convince a jury or judge you were only doing a favor for a friend who gave you the property to pay off a debt. There are many reasons as to why you were in possession of the property and why you would have never stolen it. The best bet is to get an experienced criminal defense lawyer to ensure you can present evidence that supports your explanation so you will not be convicted.
