Theft

How can I get charged with theft in Ohio?

If you, with purpose to deprive the owner of property or services, knowingly obtain or exert control over the property or services in any of the following ways:
- Without the consent of the owner or person authorized to give consent -- i.e. you take something when the person didn't allow you to have it.
- Beyond the scope of the express or implied consent of the owner or person authorized to give consent -- i.e. someone allowed you to use something for a particular reason but you went past the permission you had.
  - You often see this with employees who have access to a company credit card. The company may allow you to buy office supplies but you decide to buy personal items with it instead.
  - Another example we often see is when someone lets you borrow their car. The person will tell you that you can use the car for 3 days. However, you decide to not return the car after the 3 days.
- By deception -- i.e. scam artist.
- By threat or intimidation -- i.e. blackmail or extortion.

What can I be charged with theft in Ohio?

Theft charges in Ohio can range from a 1st degree misdemeanor to a 1st degree felony. It depends on the value of the property and/or what kind of property.
- If the value of the property or services is under $1000
  - 1st degree misdemeanor
- If the value of the property or services is equal to $1000 and under $7500
  - 5th degree felony
- If the value of the property or services is equal to $7500 and under $150,000
  - 4th degree felony
- If the value of the property or services is equal to $150,000 and under $750,000
  - 3rd degree felony
- If the value of the property or services is equal to $750,000 and under $1,500,000
  - 2nd degree felony
- If the value of the property or services is more than $1,500,000
  - 1st degree felony

Victims in protected class. A protected class is an elderly person, disabled adult, active duty service member, or a spouse of an active duty service member. Restitution and fine are mandatory.

- - If the value of the property or services is less than $1000
    - 5th degree felony
  - If the value of the property or services is equal to $1000 and less than $7500
    - 4th degree felony
  - If the value of the property or services is equal to $7500 and less than $37,500
    - 3rd degree felony
  - If the value of the property or services is equal to $37,500 and less than $150,000
    - 2nd degree felony
  - If the value of the property or services is $150,000 or more
    - 1st degree felony
  - If the property is a credit card, check, license plate, a blank form for a motor vehicle title, or a blank for a driver’s license
    - 5th degree felony
  - If the property is a firearm or dangerous ordnance
    - 3rd degree felony
    - PRESUMPTION THAT YOU WILL GET PRISON
    - SENTENCE MUST RUN CONSECUTIVE
  - If the property is a firearm or dangerous ordnance and it was stolen from a federally licensed firearms dealer
    - 1st degree felony
    - SENTENCE MUST RUN CONSECUTIVE
  - If the property stolen is a motor vehicle
    - 4th degree felony
  - If the property stolen is a dangerous drug
    - 4th degree felony
    - 3rd degree felony if the offender has a prior felony drug abuse conviction
  - If the property stolen is a police dog or horse
    - 3rd degree felony
  - If the property stolen is anhydruous ammonia (nitrogen fertilizer)
    - 3rd degree felony
  - If the property involved is valued at under $7500 and is any of the following: Beer kegs, utility service cables, grave markers, guard rails for roads, historical and memorial markers made out of metal, shopping carts, grocery store merchandising carts, railroad material, retailer merchandise containers, burnt wire
    - 5th degree felony

Can I expunge / seal a conviction for theft in Ohio?

Theft offenses can be expunged / sealed if they are a 3rd degree felony or lower.
- It will also depend on the person’s prior criminal history.

Can I get diversion for a theft charge in Ohio?

Numerous courts in Ohio will have a diversion program for theft or receiving stolen property charges. This program will usually involve paying restitution, taking a court mandated theft class, completing community service, and not committing any additional crimes for one or two years.
After completion of the diversion program, most courts will either dismiss the charge or reduce the charge to a low level misdemeanor.
Contact an experienced attorney to find out if your court has a diversion program. Your attorney can find out if you are eligible for the program. You often cannot have a prior criminal record to qualify for the program.

I received a civil demand letter from the place I was caught stealing. Will I still get charged if I pay it?

It is very likely that you will still get charged even if you pay the civil demand. Most retail stores will automatically send these letters out. They are meant to appear like you won’t be charged if you pay the amount. However, almost all stores will still decide to bring charges against you. You should contact an experienced attorney if you receive a civil demand letter and they can discuss your options going forward.

Can I be charged with theft if I forgot to scan an item at a self-checkout lane?

Theft requires you to have a PURPOSE to deprive the owner of an item. So, technically, you haven’t committed theft if you did actually forget to scan something. It was not your intention to take the item.
- However, you have to remember that this is the excuse that every person uses who is actually stealing. So, it often rings on deaf ears. It’s sort of like the dog ate my homework excuse. You may actually be the one person who had their dog eat their homework. However, the teacher will likely not believe you because that’s the excuse everyone uses.
ALSO REMEMBER most self-checkouts have high definition cameras monitoring your every move at checkout. It’s important to have your attorney request these videos if you did forget to scan something. These videos could show that maybe the item was hidden from your view.
- If someone is truly stealing, it’s usually quite obvious when watching the video(s).

What if I forget to scan an item at a self-checkout lane but then notice I didn’t pay for the item when I get home?

You must PURPOSELY try to deprive the owner of the property. In this situation, you technically didn’t commit a theft offense. However, you may want to error on returning to the store and paying for the item. Although, it’s possible the store doesn’t know and you may get away with not paying.

What if I’m at a restaurant or bar and I take someone’s property, thinking it’s mine? Can I be charged with theft?

Theft requires you to have a PURPOSE to deprive the owner of an item. That should protect you in this situation. However, you will likely need to show that you own a very similar item.
- Like the self-checkout situation above, a very popular excuse by actual thieves will be that they didn’t know the item belonged to someone else.
Your attorney can request video from the establishment to prove this. They can also get with police to show them the similar item that you own.

CONTACT AN EXPERIENCED CRIMINAL LAWYER TODAY

Call Makridis Law Firm at (330) 394-1587 as soon as possible to schedule a free consultation. We will help you navigate any and all legal issues you are facing. We will also investigate and review the evidence in your case, explore all defenses, and negotiate a fair resolution on your behalf.