I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, Super Lawyers recognition, and more than 150 jury trials to verdict, I bring the experience that felony UPL charges demand.

How Does Florida Define Unlicensed Practice of Law?

Under §454.23, three categories of conduct constitute UPL. The first is actually practicing law without a license or authorization. The second is holding yourself out to the public as qualified to practice law. The third is willfully using any name, title, or description that implies you are qualified or recognized by law as qualified to practice. Each of these categories is independently sufficient to support a felony charge.

Florida Statute §454.23: UPL in Florida is a third-degree felony — not a misdemeanor. The legislature upgraded this from a first-degree misdemeanor in 2004, reflecting the legislature’s recognition that unauthorized legal practice causes serious harm to the public. The felony classification means a conviction carries up to 5 years in prison, 5 years of probation, and a $5,000 fine. At The Brancato Law Firm, P.A., we defend individuals charged with UPL throughout the 13th Judicial Circuit.

The Florida Supreme Court defines the “practice of law” broadly. It includes giving legal advice, preparing legal documents, representing others in legal proceedings, and any activity that requires legal knowledge and skill. However, the exact boundary between legal assistance and legal practice is frequently unclear — and this ambiguity is a key defense in many UPL cases. For instance, helping someone fill out a standardized form may not constitute practicing law, while advising them on which form to use or how to answer the questions likely does. Because the line is so difficult to draw, individuals often cross it without realizing they have committed a felony.

Who Gets Charged with Unlicensed Practice of Law?

UPL charges in Florida arise in several common scenarios. In fact, many defendants never intended to practice law — they simply did not realize that their activities crossed the legal boundary. Here are the most common situations:

• Notarios and immigration consultants. In many Latin American countries, a “notario público” is a licensed legal professional. In Florida, however, a notary public has no authority to provide legal advice. Individuals who advertise as “notarios” and provide immigration-related legal services — filling out forms, advising on visa applications, or representing clients before immigration authorities — frequently face UPL charges.
• Document preparation services. Companies and individuals that prepare legal documents — wills, trusts, divorce papers, real estate contracts — sometimes cross the line into legal advice. If the preparer exercises legal judgment in selecting or completing documents, the activity constitutes UPL.
• Suspended or disbarred attorneys. An attorney whose license has been suspended or revoked who continues practicing law faces UPL charges in addition to Bar sanctions.
• Paralegals and legal assistants. While paralegals may perform legal work under attorney supervision, a paralegal who independently provides legal advice or represents clients commits UPL.
• Real estate and financial professionals. Real estate agents, accountants, and financial advisors who provide legal advice beyond their professional license can face UPL charges.
• Jailhouse lawyers. Inmates who assist other inmates with legal paperwork could theoretically face UPL charges. However, in practice, prosecutors rarely bring §454.23 charges in this context because the statute targets individuals who hold themselves out as qualified to practice law or who charge fees for legal services. As a result, an inmate informally helping a fellow inmate with a motion — without claiming to be a lawyer or accepting payment — does not fit the typical prosecution profile.

What Are the Penalties for Unlicensed Practice of Law?

Because UPL is a third-degree felony, the penalties are significant:

Warning: In addition to criminal penalties, UPL can trigger civil liability. Individuals who paid for unauthorized legal services may sue for damages, including the cost of hiring a licensed attorney to correct any harm caused by the unauthorized practice. Furthermore, victims of immigration-related UPL may suffer devastating consequences — including deportation — when unqualified practitioners file incorrect or fraudulent documents on their behalf. At The Brancato Law Firm, P.A., we understand the full scope of these consequences and fight to prevent a conviction.

What Defenses Are Available for UPL Charges?

UPL charges often involve ambiguous facts, and the defense depends heavily on the specific circumstances. Here are the strategies we use at The Brancato Law Firm, P.A.:

• The conduct did not constitute practicing law. The boundary between legal advice and general information is not always clear. If the defendant provided general information, helped fill out forms without exercising legal judgment, or assisted with tasks that do not require a law license, the conduct may fall outside the statute.
• Authorization existed. The statute applies only to persons “not licensed or otherwise authorized” to practice law. Florida law specifically authorizes some activities even without a bar license — including certain pro se assistance programs, Florida Bar-approved legal aid services, and activities permitted under the supervision of a licensed attorney.
• No willfulness. For the “holding out” and “title” provisions of §454.23, the statute requires willful conduct. If the defendant did not intentionally represent themselves as a licensed Florida lawyer, the charge fails on this critical element of the offense.
• Cultural and language misunderstandings. In notario cases, the defendant may have used the term “notario” based on their understanding of the title in their home country, without intending to claim they were a Florida-licensed attorney. We present evidence of the cultural context to challenge the willfulness element.

What Should You Do If You Are Charged with UPL?

If you are under investigation or facing UPL charges, take these steps immediately:

1. Stop the activity immediately. Continuing to practice law after learning of the investigation only strengthens the State’s case. Furthermore, ongoing conduct may result in additional charges for each new client or transaction.
2. Do not speak with investigators without an attorney. The Florida Bar’s UPL Committee and law enforcement will investigate aggressively, often using undercover operatives or cooperating witnesses. Anything you say about the services you provided becomes evidence. Invoke your right to remain silent.
3. Preserve all records. Client files, advertising materials, business cards, website content, social media profiles, and any communications about the services you provided are all relevant to the defense. In particular, evidence showing how you described your services to clients can support a defense that you did not hold yourself out as a lawyer. Do not destroy any evidence.
4. Contact a defense attorney before your first appearance. If you have been arrested and booked at Orient Road Jail or Falkenburg Road Jail, your arraignment at the Hillsborough County Courthouse happens within 24 hours. An experienced attorney can argue for favorable bond conditions and challenge the sufficiency of the charges from the start.

Frequently Asked Questions About UPL in Florida

Is unlicensed practice of law a felony in Florida?

Yes — the legislature elevated UPL under §454.23 to a third-degree felony in 2004. Before 2004, it was only a first-degree misdemeanor. The upgrade reflects the serious harm that unauthorized legal practice can cause to the public, particularly in immigration and real estate matters. The Brancato Law Firm, P.A. defends clients against UPL charges throughout Hillsborough, Pinellas, and Pasco Counties.

Can a paralegal face UPL charges?

Yes — if a paralegal provides legal advice, represents clients, or performs legal work without the supervision of a licensed attorney, they can face UPL charges. However, a paralegal who works under proper attorney supervision and does not independently practice law is not violating the statute. Because this distinction depends heavily on the specific working arrangement, the facts of each case matter enormously. Tampa criminal defense attorney Rocky Brancato evaluates the specific working arrangement to determine the strongest defense.

What about notarios — can they practice law in Florida?

No. In Florida, a notary public has no authority to provide legal advice, prepare legal documents involving the exercise of legal judgment, or represent anyone in legal proceedings. Individuals who advertise as “notarios” and provide immigration or legal services face felony UPL charges. This is a particularly common source of prosecution in Hillsborough County’s diverse communities, where the cultural meaning of the title creates confusion. If you have been charged with UPL based on notario-related activities, The Brancato Law Firm, P.A. understands the cultural context and uses it in the defense.

Hiring a Defense Attorney

What experience does Rocky Brancato have with UPL cases?

Rocky Brancato has defended felony cases in Hillsborough County for more than 25 years. As a licensed attorney who understands the boundaries of legal practice from the inside, Rocky brings unique perspective to UPL defense. With more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. has the experience these cases require.

Can UPL charges be dismissed?

Yes. If the conduct did not actually constitute practicing law, if the defendant had authorization that the State failed to recognize, or if constitutional violations tainted the investigation, the charges can be dismissed. In addition, we often demonstrate that the defendant’s activities fell within recognized exceptions to UPL — such as providing general information rather than legal advice. The Brancato Law Firm, P.A. pursues dismissal at every stage.

How much does it cost to defend a UPL charge?

Fees depend on the complexity of the case, the full scope of the alleged unauthorized practice, and whether the case involves multiple victims or related civil proceedings. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing UPL charges, the consequences are serious — a felony conviction, potential prison time, restitution, and a permanent criminal record that affects your ability to work in any professional field. However, the line between legal assistance and legal practice is frequently unclear, and these cases are highly defensible when the right attorney challenges the State’s characterization of the conduct. Rocky Brancato has defended serious felony cases in Hillsborough County for more than 25 years. We understand the nuances of UPL law and know how to challenge the State’s characterization of the conduct, demonstrate that the activities fell within recognized exceptions, and fight to prevent a conviction that would follow you for the rest of your life.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are always available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend felony charges, visit our White Collar Crime practice page. Because UPL charges share characteristics with other professional and white collar offenses, understanding the broader legal landscape helps inform an effective defense strategy.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have handled theft and shoplifting cases at every level — from petit theft misdemeanors to first-degree felony grand theft and organized retail theft rings.

How Does Florida Law Define Theft?

Under Florida law (§812.014), theft means knowingly obtaining or using someone else’s property with the intent to deprive them of it — either temporarily or permanently. This broad definition covers everything from pocketing merchandise at a store to taking a vehicle, stealing cash, or using someone’s credit card without permission.

Florida Statute §812.014: The State must prove you knowingly obtained or used someone else’s property with intent to deprive them of it. If you did not know the property belonged to someone else, or if you had no intent to steal, the theft charge fails. This is where The Brancato Law Firm, P.A. focuses the defense.

Two words matter most in every theft case: “knowingly” and “intent.” If you accidentally walked out of a store with an item, or if you believed you had permission to use the property, you did not commit theft under Florida law. At The Brancato Law Firm, P.A., we challenge both elements in every case.

What Are the Penalties for Theft in Florida?

The penalties for theft depend almost entirely on the value of the property stolen. Here is how the charges and penalties break down under §812.014:

Because the dollar amount determines whether you face a misdemeanor or a felony, the State’s valuation of the property is one of the most important — and most contested — issues in any theft case. At The Brancato Law Firm, P.A., we challenge inflated valuations in every case, because even a small reduction in the estimated value can change the charge entirely.

Case Study — Not Guilty, Grand Theft Auto: We represented a man charged with grand theft auto. At trial, Rocky established reasonable doubt about whether the client had committed the crime. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

Case Study — Not Guilty, Grand Theft Auto (Scrap Vehicle): In another grand theft auto case, our client had purchased a car for scrap and was accused of stealing it. At trial, Rocky demonstrated the client had purchased the vehicle legitimately, creating reasonable doubt about criminal intent. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

When Does Theft Become a Felony in Florida?

Theft crosses the felony line in several situations under §812.014. The most common trigger is a property value of $750 or more — that is grand theft in the third degree, a third-degree felony carrying up to 5 years in prison. However, there are other situations where even lower-value theft becomes a felony:

Warning: Theft becomes a felony regardless of the dollar amount when the stolen property is a firearm, a motor vehicle, a will or testamentary instrument, a stop sign, or anhydrous ammonia. Furthermore, stealing property valued at just $40 or more from a dwelling is automatically a third-degree felony under §812.014(2)(d). And if you have two or more prior theft convictions, even a petit theft under $100 jumps to a third-degree felony. These enhancements catch many people off guard.

Prior convictions play a major role in theft sentencing. A first petit theft is a misdemeanor. A second petit theft — even for something worth $10 — becomes a first-degree misdemeanor. A third petit theft becomes a felony. This escalation is why we fight to keep first-offense theft charges off your record at The Brancato Law Firm, P.A..

Case Study — Not Guilty, Felony Petit Theft: We represented a man charged with felony petit theft — enhanced to a felony because of prior theft convictions. He was accused of working in concert with a woman to take merchandise past the point of sale. At trial, Rocky established questions about whether the man was really linked to the woman. The jury returned a verdict of Not Guilty. Past results do not guarantee future outcomes.

What Is Retail Theft (Shoplifting) in Florida?

Florida does not have a separate “shoplifting” statute. Instead, shoplifting falls under the retail theft provisions of §812.015. Retail theft means taking merchandise, altering a price tag, transferring items between containers, or removing a shopping cart — all with the intent to deprive the merchant of the property or its full retail value.

For a single incident, penalties follow the same value-based framework as general theft under §812.014. However, §812.015 adds harsher penalties for organized and repeat retail theft:

• Organized retail theft ($750+): Third-degree felony — up to 5 years. This includes coordinating with others, committing thefts at multiple locations within 120 days, or using distraction techniques.
• Organized retail theft ($3,000+): Second-degree felony — up to 15 years.
• Repeat organized or armed retail theft: First-degree felony — up to 30 years.
• Possessing anti-shoplifting countermeasures: Third-degree felony — up to 5 years, even if you never used the device.

In addition, §812.015 gives merchants the legal right to detain you if they have probable cause to believe you committed retail theft. The detention must be “reasonable” in manner and duration — but the statute shields the merchant from false arrest liability if they followed the rules. At The Brancato Law Firm, P.A., we examine every merchant detention for constitutional violations.

What Happens If You Resist a Loss Prevention Officer?

If you struggle with a loss prevention officer or store employee while they are trying to recover stolen merchandise, you can be charged with resisting a merchant under §812.015(6). This is a first-degree misdemeanor carrying up to one year in jail — and it is charged in addition to the theft itself.

Case Study — Robbery Reduced to Misdemeanor Retail Theft: We represented a man who was charged with robbery after stealing from a grocery store. The robbery charge was based on a struggle with the loss prevention officer over the goods. At trial, the jury rejected the robbery charge entirely and returned verdicts of misdemeanor retail theft and misdemeanor resisting a merchant — avoiding a potential felony conviction that could have meant years in prison. Past results do not guarantee future outcomes.

This case illustrates an important point. Prosecutors sometimes overcharge theft cases — especially when a physical struggle is involved. A struggle with a loss prevention officer does not automatically make the crime a robbery. Robbery under §812.13 requires force, violence, assault, or putting the victim in fear during the taking. If the force only happened after the taking — during the merchant’s attempt to recover the goods — the robbery charge may not hold up. At The Brancato Law Firm, P.A., we challenge overcharged theft cases aggressively.

What Is Dealing in Stolen Property in Florida?

Dealing in stolen property is a separate and serious charge under §812.019 — a second-degree felony carrying up to 15 years in prison. If you organized or directed the operation, the charge jumps to a first-degree felony with up to 30 years. Because dealing in stolen property involves different elements and defenses than theft, we have written a separate, detailed guide: What Is Dealing in Stolen Property in Florida? If you are facing this charge, that guide covers the elements, penalties, and defense strategies that apply specifically to §812.019 cases.

How We Fight Theft and Shoplifting Charges in Tampa

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys across every division — I know how prosecutors handle theft cases in the 13th Judicial Circuit and where those cases break down. Here is how we defend theft charges at The Brancato Law Firm, P.A.:

• Challenge the property valuation. The dollar amount determines the charge. We examine every valuation — retail price versus fair market value, depreciation, inflated loss prevention estimates — and challenge the number when it pushes the charge higher.
• Attack the intent element. Theft requires proof you intended to steal. If you forgot to scan an item at self-checkout, left a store with unpaid merchandise, or believed you had permission to use the property, the intent element fails.
• Challenge the identification. In organized retail theft cases, the State must prove you committed each theft. Surveillance footage quality, witness reliability, and circumstantial evidence all present opportunities.
• Suppress illegally obtained evidence. If law enforcement conducted an illegal search, obtained a confession without Miranda warnings, or the merchant detention violated your rights, we file motions to suppress.
• Negotiate for diversion or withhold. For first-time offenders, we push for pre-trial diversion that results in dismissal, or a withhold of adjudication that keeps a conviction off your record.

Can Theft Charges Be Dropped or Reduced in Florida?

Yes — and in many cases, the result depends on how early you hire a defense attorney. Here are the most common paths to reducing or dismissing theft charges:

• Valuation challenge. If we can show the property value is below the next threshold — for instance, below $750 to keep the charge a misdemeanor — the severity of the case changes entirely.
• Lack of intent. If you did not intend to steal, the charge fails. This applies to self-checkout errors, mix-ups, borrowed property disputes, and accidental takings.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before the State files charges, we can present mitigating evidence to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit — sometimes preventing the charge entirely.
• Diversion programs. Hillsborough County offers pre-trial diversion for first-time theft offenders. Successful completion results in dismissal — no conviction on your record.
• Restitution agreements. Paying restitution to the merchant or property owner can lead to reduced charges or dismissal — especially when the State’s primary interest is making the victim whole.

The earlier you contact a defense attorney, the more options you have. Surveillance footage gets overwritten and prosecutors make charging decisions quickly after an arrest.

What Should You Do After a Theft or Shoplifting Arrest?

If you or someone you love has been arrested for theft and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Do not make any statements. Loss prevention officers and police will want you to admit to the theft — and possibly to other thefts you did not commit. Stay silent until you speak with an attorney.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours. An attorney can argue for a reasonable bond and favorable conditions of release.
3. Do not sign anything. Some stores ask you to sign a “civil demand” letter or an admission of guilt. Do not sign any documents without an attorney’s review.
4. Preserve any evidence. Receipts, bank statements, text messages, and surveillance footage from your own devices can all support your defense.

Frequently Asked Questions About Theft in Florida

What is the difference between petit theft and grand theft in Florida?

The difference is the value of the property. Under §812.014, theft of property valued at less than $750 is generally petit theft — a misdemeanor. Theft of property valued at $750 or more is grand theft — a felony. However, certain types of property (firearms, motor vehicles, property stolen from a dwelling) are automatically grand theft regardless of value. The Brancato Law Firm, P.A. defends clients facing both petit theft and grand theft charges in Hillsborough, Pinellas, and Pasco Counties.

Can I go to jail for shoplifting in Florida?

Yes. Even a first-time shoplifting offense can result in jail time. Petit theft of the second degree (under $100) carries up to 60 days. Petit theft of the first degree ($100–$749) carries up to one year. If the value is $750 or more, or if you have prior theft convictions, the charge becomes a felony with potential prison time. Tampa criminal defense attorney Rocky Brancato evaluates every shoplifting case for diversion and dismissal opportunities.

Is shoplifting a felony in Florida?

It depends on the value of the merchandise and your criminal history. A single shoplifting incident under $750 with no prior record is a misdemeanor. However, shoplifting becomes a felony if the value exceeds $750, if you coordinated with others, if you committed thefts at multiple locations within 120 days, or if you have prior theft convictions. Under §812.015, organized retail theft with a firearm is a first-degree felony carrying up to 30 years.

More Questions About Theft Defense

What is the civil demand letter after shoplifting?

After a shoplifting incident, many retailers send a “civil demand” letter requesting payment — typically $200 to $500 — as compensation for the theft. This letter is separate from any criminal charge. Paying the civil demand does not make the criminal case go away, and not paying it does not make the criminal case worse. Before responding to a civil demand letter, consult with The Brancato Law Firm, P.A. to understand your options.

Can theft charges be expunged in Florida?

It depends on the outcome. If the charge is dropped, dismissed, or resolved through a diversion program, you may qualify for expungement. If you receive a withhold of adjudication, sealing may be possible. However, a formal conviction generally cannot be expunged. Because theft convictions affect employment, housing, and professional licensing, we fight for record-clearing outcomes from the start.

Hiring a Theft Defense Attorney

What experience does Rocky Brancato have with theft cases?

Rocky Brancato has defended theft and shoplifting cases for more than 25 years in Hillsborough County — from petit theft misdemeanors to organized retail theft felonies. As the former Chief Operations Officer and Chief Assistant Public Defender, he managed over 100 attorneys. With more than 150 jury trials to verdict, an AV Preeminent rating, and Super Lawyers recognition, Rocky brings senior-level experience to every theft defense. The Brancato Law Firm, P.A. serves Hillsborough, Pinellas, and Pasco Counties.

How much does a theft defense lawyer cost in Tampa?

Fees depend on whether the charge is a misdemeanor or felony, the complexity of the evidence, and whether the case goes to trial. The Brancato Law Firm, P.A. offers free, confidential consultations so you can understand your options. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing theft or shoplifting charges, the consequences are more serious than most people expect. Even a misdemeanor conviction creates a permanent record that follows you on background checks for employment, housing, and professional licensing. We have spent more than 25 years defending theft cases in Hillsborough County, and we know how to challenge inflated valuations, expose overcharged cases, and secure diversion programs that keep convictions off your record.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend property crime charges, visit our Violent Crimes practice page. You can also read our guides on What Is Robbery in Florida?, What Is Burglary in Florida?, and What Is Dealing in Stolen Property in Florida?

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. As the former Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office, I have defended stolen property cases for more than 25 years — including cases where clients were wrongly accused simply because they purchased or possessed property that turned out to be stolen. I hold an AV Preeminent rating from Martindale-Hubbell and Super Lawyers recognition.

How Does Florida Law Define Dealing in Stolen Property?

Under §812.019(1), dealing in stolen property means trafficking in — or attempting to traffic in — property that you know or should know was stolen. The word “traffics” is the key. Under Florida law, trafficking in stolen property means selling, transferring, distributing, or otherwise disposing of stolen property to another person. It also includes buying stolen property with the intent to resell or distribute it.

Florida Statute §812.019: The State must prove two things: (1) that you trafficked in or attempted to traffic in stolen property, and (2) that you knew or should have known the property was stolen. If you had no reason to believe the property was stolen — for instance, you bought it at a reasonable price through a normal transaction — the charge fails. The Brancato Law Firm, P.A. focuses the defense on this knowledge element.

It is important to understand that simply possessing stolen property is not the same as dealing in it. Possession of stolen property is charged under §812.014 as theft. Dealing in stolen property under §812.019 requires proof that you were trafficking — meaning selling, transferring, or distributing the property. However, prosecutors sometimes charge dealing in stolen property when the facts really only support a possession charge. At The Brancato Law Firm, P.A., we challenge these overcharged cases.

What Are the Penalties for Dealing in Stolen Property?

The penalties for dealing in stolen property are severe — far more serious than many people expect:

Warning: A dealing in stolen property conviction is a second-degree felony — the same severity as armed robbery. Furthermore, this charge is often filed alongside other charges such as grand theft, organized retail theft, or burglary, which means the potential prison time adds up quickly. If the State can prove you organized or directed the theft operation, the charge jumps to a first-degree felony with up to 30 years in prison. A conviction at this level can also trigger habitual offender enhancements under §775.084.

What Does “Knew or Should Have Known” Mean?

The “knew or should have known” element is the most important — and most contested — part of any dealing in stolen property case. The State does not have to prove you knew for certain that the property was stolen. Instead, the State can argue you “should have known” based on the circumstances. Prosecutors typically point to factors such as:

• The price was significantly below market value
• The seller could not provide proof of ownership, a receipt, or documentation
• The transaction was conducted in an unusual manner — cash only, no paperwork, in a parking lot or other informal setting
• Serial numbers were removed or altered
• The seller was evasive about where the property came from
• You had prior dealings with the same person involving other stolen goods

However, the “should have known” standard is not the same as “did know.” If you purchased property at a reasonable price, through normal channels, with no red flags — the State will have difficulty proving you should have known it was stolen. At The Brancato Law Firm, P.A., we build the defense around the specific circumstances of your transaction to show that your conduct was consistent with a legitimate purchase, not a criminal one.

How Do Police Investigate Dealing in Stolen Property Cases?

Law enforcement uses several investigative techniques to build dealing in stolen property cases. Understanding these methods is essential to mounting an effective defense:

• Undercover sting operations. Detectives pose as thieves and offer stolen goods to targets. These operations are common in pawn shop and fencing investigations. The State records the transaction and uses the suspect’s statements as evidence of knowledge.
• Pawn shop monitoring. Florida law requires pawn shops to report all transactions to the statewide database (LeadsOnline). Law enforcement uses this database to flag items matching stolen property reports.
• Surveillance and informants. In organized theft rings, law enforcement often uses confidential informants who are cooperating in exchange for reduced charges on their own cases.
• Digital evidence. Text messages, social media marketplace posts, and online sales records are all used to prove knowledge and intent.

Each of these methods has vulnerabilities. Sting operations can cross the line into entrapment. Informants have credibility problems. Digital evidence can be taken out of context. At The Brancato Law Firm, P.A., we examine every piece of the State’s investigation for weaknesses.

What Are the Best Defenses to Dealing in Stolen Property?

Because I managed over 100 attorneys as Chief Operations Officer of the Hillsborough County Public Defender’s Office, I know how prosecutors in the 13th Judicial Circuit build stolen property cases — and where those cases fall apart. Here are the primary defenses we use at The Brancato Law Firm, P.A.:

• Lack of knowledge. If you did not know and had no reason to know the property was stolen, the charge fails. We demonstrate that the transaction was normal, the price was reasonable, and there were no red flags.
• No trafficking. Dealing in stolen property requires proof of trafficking — selling, transferring, or distributing. If you merely possessed the property without any intent to sell or transfer it, the charge should be theft, not dealing.
• Entrapment. If law enforcement induced you to commit a crime you would not otherwise have committed, entrapment is a complete defense. This applies in sting operations where detectives used pressure or persuasion.
• Insufficient evidence of stolen status. The State must prove the property was actually stolen. If the chain of ownership is unclear or the original theft report is unreliable, we challenge the foundation of the entire case.
• Suppress illegally obtained evidence. If the evidence was obtained through an illegal search, an unlawful stop, or a Miranda violation, we file motions to suppress it.

What Is the Difference Between Dealing in Stolen Property and Theft?

This is a common question — and the distinction matters significantly. Theft under §812.014 involves taking someone’s property with the intent to deprive them of it. Dealing in stolen property under §812.019 involves trafficking in property that someone else already stole. In other words, the thief commits theft, and the person who buys and resells the stolen goods commits dealing in stolen property.

The practical difference is enormous. A theft charge for property worth $1,000 is a third-degree felony with up to 5 years in prison. But dealing in stolen property — even for the same $1,000 in goods — is a second-degree felony with up to 15 years. This means the person who buys and sells the stolen goods can face a harsher penalty than the person who actually stole them. If you are facing a dealing charge when the facts really only support theft, The Brancato Law Firm, P.A. fights to get the charge reduced.

Frequently Asked Questions About Dealing in Stolen Property in Florida

Is dealing in stolen property a felony in Florida?

Yes. Dealing in stolen property under §812.019(1) is a second-degree felony carrying up to 15 years in prison and a $10,000 fine. If you organized or directed the theft operation, the charge increases to a first-degree felony with up to 30 years. The Brancato Law Firm, P.A. defends clients facing both levels of this charge in Hillsborough, Pinellas, and Pasco Counties.

Can I be charged with dealing in stolen property if I did not know the property was stolen?

Yes — the statute uses a “knew or should have known” standard. The State does not have to prove you actually knew the property was stolen. Instead, prosecutors can argue the circumstances should have put you on notice. However, if you purchased the property at a fair price through a normal transaction with no red flags, that defense can defeat the charge. Tampa criminal defense attorney Rocky Brancato evaluates every case for this knowledge defense.

What is the difference between dealing in stolen property and receiving stolen property?

In Florida, there is no separate “receiving stolen property” statute. Dealing in stolen property under §812.019 covers both buying and selling. If you received stolen property without intent to resell it, the appropriate charge may be theft by possession rather than dealing. This distinction can mean the difference between a second-degree felony and a much less serious charge.

More Questions About Stolen Property Defense

Can dealing in stolen property charges be dropped?

Yes. If the State cannot prove you knew or should have known the property was stolen, or if the evidence was obtained through an illegal search, the charges can be dismissed. In addition, pre-file advocacy — contacting the prosecutor before formal charges are filed — can sometimes prevent the charge from being filed at all. The Brancato Law Firm, P.A. pursues every available path to dismissal or reduction.

What if I bought something online and it turned out to be stolen?

Buying stolen property online — through Facebook Marketplace, OfferUp, Craigslist, or similar platforms — does not automatically make you a criminal. The State still has to prove you knew or should have known the item was stolen. If the listing looked normal, the price was reasonable, and the seller provided no indication the item was stolen, you may have a strong defense.

Hiring a Stolen Property Defense Attorney

Why should I hire The Brancato Law Firm for a dealing in stolen property charge?

Rocky Brancato’s experience as Chief Operations Officer and Chief Assistant Public Defender — managing over 100 attorneys across every division — means he understands how prosecutors in the 13th Judicial Circuit build these cases and where they are vulnerable. With more than 150 jury trials to verdict, an AV Preeminent rating, and Super Lawyers recognition, The Brancato Law Firm, P.A. brings senior-level experience to every stolen property defense.

How much does a stolen property defense lawyer cost in Tampa?

Fees depend on the complexity of the case, the amount of property involved, and whether additional charges are filed alongside the dealing charge. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your situation.

You Are Reading This for a Reason — Let Us Help

If you are facing a dealing in stolen property charge, you are looking at a second-degree felony that carries up to 15 years in prison. This charge requires proof that you knew or should have known the property was stolen — and that knowledge element is where these cases are won. We have spent more than 25 years defending property crime cases in Hillsborough County, and we know how to challenge the State’s evidence at every level.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend property crime charges, visit our Violent Crimes practice page. You can also read our guides on What Is Theft in Florida? and What Is Burglary in Florida? — dealing in stolen property charges often overlap with theft and burglary, and the defense strategies share common ground.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.