Whether you’re charged with a misdemeanor or a felony, a theft conviction can carry serious penalties. If you or someone you care about is facing theft charges, understanding the law is the first step toward protecting your rights.
Defining Theft Under Ohio Law
Theft is broadly defined under Section 2913.02 of the Ohio Revised Code, which states that a person is guilty of theft if they knowingly take someone else’s property or services in any of the following ways:
- Without the consent of the owner or a person authorized to give consent
- Beyond the scope of implied or express consent of the owner or person authorized to give consent
- By deception
- By threat
- By intimidation
In simpler terms, theft occurs when someone takes something that doesn’t belong to them, without permission, and intends to keep it or withhold it from the rightful owner. However, theft can take many forms. Ohio law recognizes a range of theft-related offenses beyond simply taking someone else’s belongings.
Common Types of Theft Crimes in Ohio
Theft in Ohio is charged differently based on the value and type of items or services in question. Here’s how it breaks down:
- Petty Theft – Theft of property or services valued less than $1,000 is a first-degree misdemeanor that can result in a jail sentence of up to 180 days and a fine of $1,000.
- Theft (Felony of the Fifth Degree) – Theft of property or services valued between $1,000 and $7,500 can result in six to 12 months in prison and a fine of up to $2,500.
- Grand Theft – Theft of property or services valued between $7,500 and $150,000 is a fourth-degree felony that can result in six to 18 months in prison and a fine of up to $5,000.
- Grand Theft of a Motor Vehicle (“Grand Theft Auto”) – Theft where the stolen property is a motor vehicle, regardless of value, is also a fourth- degree felony.
- Grand Theft of a Firearm – Theft of a firearm, regardless of its value, is a third-degree felony that can result in one to five years in prison and a fine of up to $10,000.
- Aggravated Theft – Theft of property or services valued more than $150,000 can be a third-, second-, or first-degree felony, with degrees scaling higher as the value increases.
- Burglary – Trespassing in an occupied structure with the intent to commit theft or another crime can be anywhere from a fourth- to first-degree felony, with more serious penalties when it involves the use of a weapon, infliction of harm, or threat of harm.
- Robbery – Theft that involves the use or threat of force is usually a second- or third-degree felony, except when it involves a deadly weapon or results in serious physical harm, in which case it is a first-degree felony.
Defending Against Theft Charges
Just because you’ve been charged with theft doesn’t mean you’re automatically guilty. There are several legal defenses that may apply depending on the circumstances. For example:
- Lack of intent: You didn’t intend to steal the property, such as mistakenly grabbing the wrong suitcase at the airport.
- Mistaken identity: You were wrongly identified as the offender, often through unclear surveillance footage or mistaken witnesses.
- Ownership disputes: If you believed you had a lawful claim to the property, that may support your defense.
- Entrapment: Entrapment means that law enforcement persuaded you to commit a theft you wouldn’t have otherwise done.
An experienced criminal defense attorney can review the details of your case, explain your options, and help you pursue the best possible outcome. Depending on the charges and specific circumstances, your attorney may be able to negotiate for a dismissal, reduced charges, or alternative sentencing options.
Discuss Your Case with a Knowledgeable Criminal Defense Attorney
If you’re under investigation or have been charged with a theft crime in Ohio, you need legal representation as soon as possible. Early advocacy can make a huge difference in your case. An attorney from McNamee Defense can challenge evidence and fight to keep your record clean. Contact McNamee Defense today to find out how we can help.
