Theft

How serious is a theft conviction?

While some people make the ill-considered, unpremeditated decision to engage in a “one-off” theft, many clients suffer from on-going, underlying problems that continue to place them in a bad-life situation. For such people, theft can stem from drug addiction, mental health challenges, and personal trauma. In such cases, a theft conviction can worsen an already-bad situation.

A conviction for theft in Ohio can carry serious, long-term consequences for your job, personal life, and peace of mind. Some types of theft offenses are much more serious than others. In fact, charges for theft can range from a 1st degree misdemeanor to a 1st degree felony. Thus, it’s important to recognize the types of offenses and their corresponding penalties.

What is a “theft offense” in Ohio?

Ohio designates a great variety of offenses as “theft offenses.” These include, for example, such acts as taking another’s property without consent, misuse of credit cards, burglary, and robbery. The Ohio Revised Code lists several dozen theft offenses, but these are the among the most common:

Theft

In Ohio, it is unlawful to knowingly and wrongfully take control over the property of another with the purpose of permanently depriving that person of that property without that person’s consent.

The level of offense depends on the value of the property taken and whether the alleged victim is a member of a particular class of person (e.g., elderly, disabled, etc.)

• 1st Degree Misdemeanor:
  • Less than $1,000
• 5th degree felony (lowest level felony)
  • $1,000 to <$7,500
• Depending on the amount and the type of alleged victim, theft offenses can be penalized all the way up to a 1st degree felony.

Receiving Stolen Property (RSP)

You can be charged with RSP where you have reason to believe that a piece of property has been taken by theft, and nonetheless accept possession of it, keep it, or dispose of it.

As with Theft, the level of offense for RSP depends on the value of the property taken and whether the alleged victim is a member of a particular class of person (e.g., elderly, disabled, etc.). The levels parallel those of Theft.

Passing Bad Checks

You can be charged for Passing Bad Checks when you issue or transfer a “check” knowing that it will be dishonored and yet do so with the purpose to defraud. The word “check” can mean any sort of negotiable instrument, not just a paper check. For example, debit cards, credit cards, and electronic checks fit the definition.

The level of offense depends on the amount of payment demanded by the “check.”

• 1st degree misdemeanor:
  • Less than $1,000
• 5th degree felony (lowest level felony):
  • $1,000 to <$7,500
• Depending on the amount demanded for payment on the “check,” Passing Bad Checks can be penalized all the way up to a 3rd degree felony.

• Note: There are various other similar theft offenses (e.g. fraud, forgery, identity theft, misuse of credit cards, etc.)

Robbery

“Simple” Robbery involves commission (or attempted commission) of a theft and any of these factors:

• Using force or threatening to use force against a person,
• Possession of a deadly weapon, or
• Causing, attempting to cause, or threatening to cause physical harm

Robbery is either a 2nd or 3rd degree felony, depending on factors accompanying the theft:

• 2nd degree felony
  • Possession of a deadly weapon
  • Causing, attempting to cause, or threatening to cause physical harm
• 3rd degree felony
  • Threatening to use force

Aggravated Robbery

Aggravated Robbery, as the name implies, is a worse offense than “simple” robbery. It involves commission (or attempted commission) of a theft and any of these aggravating factors:

• Having a deadly weapon and indicating you will use it to complete the robbery
• Possessing a dangerous ordnance at the time of the theft
• Causing, attempting to cause, or threatening to cause serious physical harm

• Aggravated Robbery is a 1st degree felony

Burglary

Burglary involves using force, stealth, or deception to trespass inside a structure typically used as a dwelling with the purpose of committing a crime inside. Burglary is either a 2nd or 3rd degree felony, depending on the circumstances:

• 2nd degree felony
  • Another person is present or is likely to be present at the time
• 3rd degree felony
  • No other person is present or likely to be present at the time

Aggravated Burglary

Aggravated Burglary involves using force, stealth, or deception to trespass into an occupied struture with the purpose to commit a crime inside when another person is present inside the structure and any of the following applies:

• Physical harm is caused, attempted, or threatened, OR
• A dangerous weapon or ordnance is possessed at the time

Aggravated Burglary is a 1st degree felony

How can Attorney Tovanche help me?

Avoiding a conviction of any sort would be the over-arching approach. There are any number of ways to look at the large variety of charges listed above. Because the law requires the State to prove exactly what the statute prohibits, there are many ways to undermine the State’s case. For example:

• Is your case eligible for dismissal under Ohio’s law governing Intervention in Lieu of Conviction (ILC)?
  • ILC involves an intervention program and ultimate dismissal where commission of the offense stemmed from any of the following:
    • Drug/alcohol use
    • Mental illness
    • Intellectual disability
    • Being a victim of human trafficking?
  • Getting ILC is up to the judge, even if you do qualify under the law
  • ILC is not meant for certain serious matters, for example:
    • Felonies of the first, second, or third degree,
    • Offenses of violence,
    • Felony sex offense, etc.
• Was there a mistake made?
  • Mistaken identity?
  • Did you not intend to steal?
    • Many people walk out of a store with merchandise without realizing it. Did that happen to you?
    • Did you believe the property was actually yours?
• Did you actually have authorization to take the property?
  • Was it yours?
  • Did someone you believed to be in authority give you permission to take it?
• If a felony theft is charged, can the State actually prove the property was worth $1000 or more?
• Does the prosecution lack evidence, because whoever took the property was not captured at the scene?
• For purposes of burglary, did you not actually trespass? If not, that’s not burglary (but may be another crime, such as theft). Was the structure not technically an “occupied structure” or sort of habitation? If not, it’s not burglary.
• For purposes of robbery, was the act not really a theft offense? Did you, for example, not have the intention to deprive the owner of the property? Did you think you were borrowing it?
• Note: The above scenarios are for illustration purposes only, as there are many complex factors to consider in each case.

What if a conviction seems likely?

Remember that a case that seems like a “slam dunk” for the prosecution may not actually go very far. We’ll look at the whole picture to see whether dismissal is possible, from the very beginning. If not, and a conviction seems likely, I will tell you so. In that case, I would work with you to lessen the impact on your life by negotiating a plea deal and arguing for the best sentence under the circumstances.

Factors the State may consider in offering a plea deal and a favorable sentencing recommendation:

• You returned the property
• You offered or made restitution.
• This your first theft offense. Your criminal record is minimal.

Will I have to go to trial? (click here)