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How much time can one get for pawning and item that was stolen?

Cape Coral, FL |

I was arrested on two felonies for selling stolen item to pawn shop and one for false identification. Will I have to go to jail?

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Attorney answers 3


The State often charges dealing in stolen property in these situations. Depending on your record and the specific facts, they may offer a deal where you plead guilty to both for a set punishment. Based on what you've provided, there is no way to accurately predict what your offer may be. If you are willing to pay restitution to the pawn shop and have no prior felonies, you may be able to avoid any jail time.

However, you should consult with a criminal defense attorney to see if there are any defenses to these charges. The state would have to prove that you knew or should have known the items pawned were stolen. Usually, the bigger problem is the false ID charge. I presume they have your thumbprint, so that even if you were to win on the dealing in stolen property charge you would lose on the false ID and that in itself is punishable by up to 5 years in prison. This set of facts usually makes a plea bargain the preferred method to settling the case. In that event, a criminal defense attorney can present mitigation and negotiate the best deal for your consideration.

These cases are often very unfair, in my opinion. Sometimes the person truly did not know, nor should have known at the time, that an item was stolen, though it may appear obvious in retrospect. Technically, they are not guilty of the crime therefore. Yet, it is the false ID portion that forecloses them presenting a practical defense. And, in most cases, even if the individual didn't know, the pawn shop owner surely did. They see this all the time and commonly accept items they should suspect is stolen. Yet, they are rarely, if ever, charged with dealing in stolen property, a charge originally created to address just that sort of organized, repetitive, literal dealing in such items.

Speak to an attorney, assess all the facts and options. Good luck.


Jail is always a possibility, but the likelihood of that possibility depends on many factors, one of which is your criminal history. You have not prevented enough facts for me to be able to predict what the outcome of this can be. You should hire a criminal defense attorney to represent you in this matter.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


Zero as it pertains to dealing in stolen property unless it can be proven that you knew or should have known the item was stolen.
If it can, depending on how the State chose to charge this situation, I believe the maximum is 20 years (15 for dealing / 5 for false ID).
The sentencing guidelines would likely not call for a required prison sentence unless you have an extensive criminal history.
A skilled lawyer can help you negotiate the best possible outcome.