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THEF5000 Dealing in Stolen Property
THEF5000: Dealing in Stolen Property Complexities in Hillsborough County, Florida
In Hillsborough County, Florida, the charge of “Dealing in Stolen Property,” codified under Florida Statute 812.019.1 and often referred to by the form code THEF5000, represents a serious felony offense. This charge, frequently encountered in Tampa and surrounding areas, can carry severe legal consequences, impacting an individual’s future significantly. Understanding the intricacies of THEF5000 is crucial for anyone facing such allegations.
This offense, as defined by Florida law, involves “trafficking in, or endeavoring to traffic in, property that he or she knows or should know was stolen.” The subjective element of “should know” broadens the scope of this law, making it essential to seek experienced legal counsel immediately.
If you’re grappling with a THEF5000 charge, it’s vital to contact a knowledgeable Tampa Dealing in Stolen Property Lawyer like W.F. “Casey” Ebsary Jr. at (813) 222-2220. With a deep understanding of Florida’s criminal justice system and a commitment to protecting your rights, Casey Ebsary can provide the legal expertise you need. This article aims to demystify THEF5000, offering insights into its legal implications and how to navigate this challenging situation.
Understanding Florida Statute 812.019.1 and THEF5000
Florida Statute 812.019.1 outlines the offense of Dealing in Stolen Property, a second-degree felony under most circumstances. The statute is designed to curb the distribution and sale of stolen goods, thereby addressing the downstream effects of theft.
The statute defines two primary categories of offenses: trafficking in stolen property, which involves knowingly or having reason to know that property is stolen and then engaging in transactions involving that property, and the more serious offense of initiating, organizing, planning, financing, directing, managing, or supervising the theft of property and trafficking in such stolen property, which is a first-degree felony.
To fully comprehend the implications of THEF5000, it’s essential to delve into the specific language of the statute, which can be found on the Florida Legislature’s official website: Florida Statute 812.019. This resource provides authoritative insight into the legal framework surrounding this offense.
Key Elements of THEF5000 Dealing in Stolen Property
To secure a conviction under THEF5000, the prosecution must establish several key elements beyond a reasonable doubt. These elements include proving that the defendant engaged in trafficking, which means they sold, transferred, distributed, or otherwise dealt in stolen property. Additionally, the prosecution must demonstrate that the defendant had actual knowledge that the property was stolen or should have known it was stolen. Finally, the property in question must be proven to have been stolen.
Penalties for Dealing in Stolen Property
The penalties for a THEF5000 conviction can be severe, impacting an individual’s freedom, finances, and future opportunities.
Table of Penalties:
| Offense Level | Degree of Felony | Potential Penalties |
|---|---|---|
| Trafficking in Stolen Property | Second-Degree Felony | Up to 15 years in prison, up to $10,000 in fines, and up to 15 years of probation. (Florida Statute 775.082, 775.083, 775.084) |
| Initiating, Organizing, etc., Theft and Trafficking | First-Degree Felony | Up to 30 years in prison, up to $10,000 in fines, and up to 30 years of probation. (Florida Statute 775.082, 775.083, 775.084) |
Defenses to THEF5000 Dealing in Stolen Property Charges
A skilled criminal defense attorney can explore various defenses to THEF5000 charges, including demonstrating a lack of knowledge that the property was stolen, proving that the defendant’s actions did not constitute trafficking as defined by the statute, arguing that law enforcement entrapped the defendant, asserting a case of mistaken identity, or challenging the legality of the search and seizure that yielded the evidence.
The Importance of Legal Representation
Facing a THEF5000 charge can be overwhelming. An experienced criminal defense attorney can protect your rights throughout the legal process, investigate the facts of your case, negotiate with prosecutors for reduced charges or alternative sentencing, and represent you in court.
Navigating the Legal Process
The criminal justice system can be complex and intimidating. The process typically involves arrest and booking, arraignment, discovery, pre-trial motions, trial, and sentencing.
Contacting W.F. “Casey” Ebsary Jr.
If you or a loved one is facing THEF5000 charges in Hillsborough County, Florida, it’s essential to seek legal representation immediately. W.F. “Casey” Ebsary Jr. is a seasoned Tampa criminal defense attorney with a proven track record of success.
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10 Dealing in Stolen Property Q&A:
THEF5000 is the form code used to refer to the offense of Dealing in Stolen Property, a crime outlined in Florida Statute 812.019.1. It’s a serious felony charge that relates to the trafficking of stolen goods.
The penalties vary depending on the degree of the felony. A second-degree felony, which involves simply trafficking stolen property, can result in up to 15 years in prison and a $10,000 fine. A first-degree felony, involving the organization of the theft, can lead to up to 30 years in prison and a $10,000 fine.
In the context of THEF5000, “trafficking” refers to engaging in transactions involving stolen property, such as selling, transferring, distributing, or otherwise dealing in it.
The prosecution must prove that you knew or should have known the property was stolen. This “should have known” element can be a complex legal issue, and a skilled attorney can challenge it.
While you have the right to represent yourself, it’s strongly advised to seek legal counsel. Criminal law is complex, and an attorney can protect your rights and navigate the legal process effectively.
You can find the full text of Florida Statute 812.019 here .
The key difference lies in the level of involvement. A second-degree felony relates to simply trafficking stolen property, while a first-degree felony involves initiating or organizing the theft itself.
You can contact W.F. “Casey” Ebsary Jr. by calling (813) 222-2220 or by using the contact form available on his website.
The maximum penalty for a first-degree felony dealing in stolen property is up to 30 years in prison.
The most crucial step is to contact a qualified criminal defense attorney as soon as possible. An attorney can advise you on your rights, protect your interests, and begin building a strong defense.
Call Us at 813-222-2220
Original 2010 Post
“traffic in, property that he or she knows or should know was stolen shall be guilty of a felony”
Dealing in Stolen Property
If you have been charged with THEF5000 DEALING IN STOLEN PROPERTY you can call a Tampa Dealing in Stolen Property Lawyer at (813) 222-2220 and tell your story.
Form Code: THEF5000
Florida Statute: 812.019.1
Level: Fel (Felony)
Degree: 2nd
Description: DEALING IN STOLEN PROPERTY
THEF5000 DEALING IN STOLEN PROPERTY one of the most commonly charged offenses in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES
812.019 Dealing in stolen property.
(1) 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, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
THEF5000 DEALING IN STOLEN PROPERTY