An Overview of Theft Laws in Ohio
Ohio theft laws are vast and cover what might be considered every aspect of taking something that does not belong to you. Theft laws are some of the most commonly broken criminal statutes for adults and juveniles alike. Generally, Ohio law defines theft as "no person by deception or threat shall knowingly obtain control over either the property or services of another or the property of another." One may obtain control using physical force, by deceit, by threatening physical force , or with any item made to look like something of value.
Theft sections in the Revised Code do not spell out the nuances of each different situation to be considered theft. Theft laws in Ohio are far more general than laws regulating robbery, breaking and entering, and burglary. While there may sometimes be a fine line in separating these acts, there are different laws based on different actions. Depending on the nature of the theft, the theft may also be considered a felony under the Organized Crime Statute. Theft laws encompass a wide range of situations, but the threshold question in all of them is whether the property was taken with intent to keep it.
Variations of Theft Offenses in Ohio
Under Ohio theft laws, a variety of different crimes fall under the umbrella of theft. These crimes can be categorized into three general types as follows:
Shoplifting
Shoplifting refers specifically to the action of stealing items directly from a store.
Burglary
Burglary occurs when someone unlawfully enters a building without permission that is committed with the intent of committing a crime inside. A burglary charge can include trespassing on residential property, a hotel, a school or even a museum. Even if you were not engaged in the act of theft, if you were in the building and committed another crime, you can be charged with burglary.
Grand theft
This is a more serious crime for theft of items over a certain value. In addition to the crime of shoplifting, other crimes that can lead to grand theft charges include credit card fraud, extortion, sales fraud, identity theft and passing bad checks.
Theft crimes are typically graded based on the value of what was stolen. As a general rule of thumb under Ohio law, misdemeanors are categorized as first degree through fourth degree, and felonies are categorized through 5th degree through 1st degree, with 1st degree felonies being the most serious. In terms of theft crimes, both fourth and fifth degree theft crimes are classified as "petty theft" or misdemeanors, while third degree theft up to first degree are felony theft crimes. Here’s a quick breakdown of the different classifications:
4th degree misdemeanor – Stealing between $1-200
5th degree felony – Stealing between $200-1,000
3rd degree felony – Stealing between $1,000-5,000
2nd degree felony – Stealing between $5,000-100,000
1st degree felony – Stealing over $100,000
Legal Penalties for Thefts in Ohio
The penalties for theft crimes in Ohio vary depending on the value of the property involved and the nature of the offense. The offense may be charged as a misdemeanor or felony, and also as a violent offense for theft that involves at least one prior conviction, depending on the circumstance.
For the offense of theft in Ohio, the penalties are as follows:
Petty theft – up to 180 days in jail and a fine of up to $1,000 for a first offense;
Misdemeanor theft (i.e. theft of items valued under $1,000) can be charged as a first degree misdemeanor, which is punishable by up to 180 days in jail and/or a fine of $1,000, or as a fifth degree felony (for theft of items valued between $1,000 and $7,500), which is punishable by between six to 12 months in prison and up to a $2,500 fine;
Fourth degree felony for theft of items valued between $7,500 and $150,000 – minimum of six months and up to 18 months in prison and up to a $5,000 fine;
Fourth degree felony for theft of items valued between $150,000 and $750,000 – minimum of nine months and up to 18 months in prison and up to a $5,000 fine;
Fourth degree felony for theft of items valued between $750,000 and $1.5 million – minimum of 12 months and up to 18 months in prison and up to a $5,000 fine;
Fifth degree felony for theft of items valued between $1.5 million and $7.5 million – minimum of six months and up to 12 months in prison and up to a $2,500 fine;
Third degree felony for theft of items valued between $7.5 million and $150 million – minimum of one year and up to three years in prison and up to a $10,000 fine;
Second degree felony for theft of items valued between $150 million and $1 billion – minimum of two years and up to eight years in prison and up to a $15,000 fine;
First degree felony for theft of items valued over $1 billion – minimum of three years and up to 11 years in prison and up to a $20,000 fine.
The penalties for theft offenses in Ohio significantly increase if the property was stolen from a person or if the theft involved the use of physical force or the threat of force. In these cases, the offense will be charged as a robbery or burglary, both of which are serious felony offenses.
Hiring experienced criminal defense attorneys is vital in any theft case to help ensure the best possible outcome.
Criminal Defenses to Theft Charges
A strong defense is essential to effectively deal with any criminal charge, including theft. Several common criminal defenses have proven effective in previous cases. Lack of Intent to Permanently Deprive – The unauthorized taking of someone’s property becomes a crime only when the perpetrator takes it with the intent to deprive the owner of its possession. Sometimes, however, a neighbor borrows a lawn mower without returning it because he forgot to do so. If he did not have the intent to permanently keep the lawn mower, he cannot be charged with theft. Mistaken Identity – Similarly, cases involving robbery may depend on the prosecution proving the correct identity of the person who allegedly committed the crime. Testimony to the effect that a robbery suspect had a mustache may help prove that the wrong person has been wrongfully accused. Entrapment – Law enforcement officers and undercover operatives may become too aggressive in their efforts to apprehend an alleged wrongdoer. In a classic entrapment scenario, for instance, the undercover officer or agent may induce a suspected drug dealer to sell drugs that the officer secretly planted in the suspect’s garage. The act of a law enforcement officer enticing a suspect into committing an otherwise innocent action renders the action valid and legal. Undue Influence – Similarly, if a group of loan shark enforcers threatens a gambling addict with bodily harm if he does not steal someone else’s car for them, the addict is not guilty of theft when he steals a car under duress.
How Criminal History Affects Sentencing
When it comes to sentencing for Ohio theft charges, your prior criminal record is a huge factor in the sentence you will receive. If you do not have a prior criminal record and your theft charge is for a low value items or first degree misdemeanor petty theft, you will likely receive a small fine and/or probation. However, if you have prior felony convictions, probation is significantly less likely to be used by the judge when determining your punishment.
In determining what sentence you will receive, judges take your prior criminal record into account. A good criminal defense attorney will know this and will make you prior convictions as difficult as possible for the prosecutor and judge to bring up. The less offense information the prosecutor has against you to use, the better. It is not the case however that the judge will not hear the testimony about your prior convictions. They will hear the entire prior criminal record and that record will impact the sentence you receive from the judge.
If the judge is a conservative judge, they may give you two years in prison versus three years even though the statutes call for the same amount of possible time in prison. You do not want to end up on the wrong side of that decision. While there is nothing to be done about the judge’s philosophy , there are ways to lessen the effect of your prior criminal record. For example, if your record goes back several years, the judge may be more lenient. If you have had time with no arrests and prosecution for criminal offenses, the judge may be more willing to overlook prior prison records. If you have a rehabilitation plan in place that is strong or your emotional state at the time of the offense is helpful, the judge may be more likely to give you a discount on the time. In short, your prior criminal record could be the difference between you receiving probation and receiving a lengthy prison sentence.
Possession of theft tools (low value item) A person charged with receiving stolen property as opposed to theft may be sentenced to probation for the first offense. That is assuming of course, that the person has no prior criminal convictions.
If the person has prior theft convictions and the value of the items obtained by theft is of a low dollar value, they could still obtain probation. Of course probation is sentencing for the theft conviction, it does not include other potential criminal convictions and sentences. Therefore, if the person has prior felonies, probation for the minor theft could easily be lost.
Civil and Financial Penalties of Theft
Restitution may be ordered by the judge in a theft case to pay back the amount of loss. Restitution can be ordered even if not charged in the indictment; the failure to order restitution can be the basis for a successful direct appeal. If there are more than two victims then Ohio Revised Code section 2929.18(B) limits restitution to the two most seriously affected victims. If the defendant is charged with multiple counts, then the restitution may not exceed the total amount of the victim’s loss. So if the grand total of loss is $3,000 and there are two counts, and the judge orders $2,000 in restitution on each count, then the defendant is actually overpaying restitution. A civil suit can be filed after the criminal case concludes. The plaintiff does not have to wait until he or she is convicted in the criminal action before filing suit.
Here Is How a Lawyer Can Help with a Theft Charge
If you are charged with a crime there are many possible options available to you as a defense. But it is only after sitting down with a legal professional that you can begin to really explore the best defense strategy for your particular situation. When it comes to theft , this is no different. A skilled attorney will be able to sort through the facts of your case and help you gain a clearer picture of how to proceed. This is an important step in your defense against a criminal charge, as your options – and defense strategy – may not be what you think they are.