Theft refers to the illegal taking of another’s property without their permission. Theft can be charged as either a misdemeanor or a felony based on the value of the property.
Overview of Theft Crimes Legal Representation in Cincinnati Ohio
- Cincinnati Theft Defense Attorney
- Common Ohio Theft Crimes
- Penalties for Ohio Theft and Property Charges
- Defenses from a Cincinnati Theft Defense Lawyer
Cincinnati Theft Defense Attorney
In the United States, you have the presumption of evidence. This means that you cannot be punished for a crime unless the prosecution proves beyond a reasonable doubt that you committed every element of the crime, including that you knowingly took someone else’s property. An experienced theft crimes defense lawyer will work hard to establish the prosecution cannot meet this burden of proof by:
- Examining and cross-examining witnesses
- Collecting and analyzing evidence
- Making legal arguments in your favor
- Creating a defense strategy that is tailored to the specifics of your case
Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Mark Wieczorek can be reached at (513) 317-5987 or by filling out an online contact form.
Common Theft Crimes
Ohio has many different laws regarding theft offenses that you could be charged with, including:
Theft
There is no minimum value for theft. Theft may be charged as a misdemeanor if the value of the property is less than $1,000.
However, if the value of the stolen property is more than $1,000 and less than $7,500 it is charged as a felony. This crime can also be charged as a felony when the property stolen was:
- Credit card
- Check
- Negotiable instrument
- License plates or stickers for a motor vehicle
- Bank form motor vehicle certificate or title
- Blank form of identification license
This crime is a fifth-degree felony.
Grand theft – Grand theft in Ohio involves unlawfully taking property or services valued between $7,500 and $150,000. It also applies automatically to the theft of a motor vehicle or firearm, regardless of their market value. Grand theft is considered a felony of the third or fourth degree, depending on the circumstances and the item taken. Convictions can result in significant prison time, restitution, and long-term consequences such as loss of firearm rights and a permanent felony record. Vehicle theft, in particular, is aggressively prosecuted in Cincinnati due to public safety concerns and rising auto theft trends.
Grand Theft of a Motor Vehicle – Grand theft of a motor vehicle is a more serious charge involving the intentional and unlawful taking of a car, truck, or other vehicle with the intent to permanently deprive the owner of it. This is always considered a felony in Ohio and carries significant legal consequences, including potential prison time. Aggravating factors, like use of force, high-value vehicles, or organized theft, can lead to harsher penalties.
Unauthorized Use of a Motor Vehicle – Unauthorized use of a motor vehicle occurs when someone operates another person’s car without permission but without the intent to permanently steal it. This is commonly seen in cases where someone “borrows” a vehicle without asking or stays out longer than agreed. While it may seem less serious than auto theft, it’s still a criminal offense and can result in misdemeanor or felony charges depending on the circumstances, including whether the vehicle was returned or damaged.
Aggravated theft – Aggravated theft is charged when the value of the stolen property or services is $150,000 or more, making it one of the most serious forms of theft under Ohio law. It can be classified as a first, second, or third-degree felony, depending on the total value and whether a public official or protected entity was the victim. In Cincinnati, this charge often appears in white-collar crime cases, such as embezzlement, large-scale contractor fraud, or theft from nonprofits or public agencies. Penalties may include long prison sentences and significant fines, along with mandatory restitution.
Receiving Stolen Property – It is a crime in Ohio to knowingly receive, retain, or dispose of property that you have reason to believe was stolen. This includes accepting stolen electronics, vehicles, or tools, even if you did not participate in the original theft. The severity of the charge ranges from a first-degree misdemeanor to a third, fourth, or fifth-degree felony, depending on the value of the items and the defendant’s criminal history. Cincinnati courts take this offense seriously, particularly when it involves organized theft rings or repeat offenders.
Burglary – Burglary involves unlawfully entering a structure, such as a house, business, or garage, with the intent to commit a crime inside, usually theft. In Ohio, it becomes more serious if the structure is occupied or if force, threats, or weapons are used. In Cincinnati, burglary is charged as a felony, with penalties ranging from a fourth-degree felony (for unoccupied buildings) to a second-degree felony (if the building was occupied). Defendants may face both incarceration and additional charges if other crimes were committed during the break-in.
Forgery – Forgery occurs when someone alters, creates, or uses false documents, such as checks, ID cards, medical prescriptions, or legal contracts, with the intent to defraud. In Cincinnati, common cases include forging doctor’s notes, financial documents, or creating counterfeit currency. Forgery is generally charged as a felony, and penalties increase if the offense involves large financial losses or vulnerable victims. Even a single forged check can carry a significant criminal penalty and long-term damage to the defendant’s record.
Petty Theft – Petty theft involves stealing property worth less than $1,000, including offenses like shoplifting, theft of personal items, or minor employee embezzlement. In Ohio, it is typically a first-degree misdemeanor, punishable by up to 180 days in jail and a $1,000 fine. However, in Cincinnati, prior theft convictions can elevate a petty theft to a felony of the fifth degree, which comes with more serious consequences. Businesses frequently pursue charges, especially when theft is captured on video surveillance or involves organized activity.
Wrongful Entrustment of a Motor Vehicle – This charge applies when someone knowingly allows another person to drive their vehicle despite being aware that the individual is unlicensed, impaired, or otherwise prohibited from driving. In Cincinnati, this often arises when a person lends a car to someone with a suspended license or previous OVI convictions. This is treated as a misdemeanor, but it can carry steep fines, vehicle immobilization, or loss of driving privileges for the vehicle owner. It’s often charged alongside other traffic or criminal offenses.
Identity Fraud – Identity fraud involves the unauthorized use of another person’s identifying information, such as names, Social Security numbers, credit card numbers, or bank account details, to commit theft or fraud. In Cincinnati, this crime is increasingly prosecuted due to the rise in digital and financial identity theft. It is typically charged as a felony, with heightened penalties if the victim is an elderly person or the fraud resulted in substantial financial harm. Sentences can include prison time, restitution, and a permanent criminal record that affects employment and housing.
Bad Checks – Writing or passing a check that the issuer knows will bounce, whether due to insufficient funds or a closed account, is considered the offense of passing bad checks. In Ohio, this crime can range from a misdemeanor to a felony based on the amount of the check and whether there was intent to defraud. Repeated offenses or large-dollar amounts can result in serious criminal charges and civil liability to repay the victim.
Penalties for Ohio Theft and Property Charges
A misdemeanor or felony theft conviction in Ohio can incur significant fines and jail or prison time, in addition to other penalties, including civil penalties, driver’s license suspensions, and/or restitution. Certain penalties may also vary if the offense is committed against an elderly person, the type of offense, and the amount of property stolen. The Ohio standard sentencing guidelines for theft crimes are below.
- Misdemeanor of the First Degree – This degree of a misdemeanor can result in a jail sentence of up to 180 days, and/or a fine of up to $1,000.
- Felony of the Fifth Degree – Penalties for this degree of a felony can include imprisonment from six months to one year and/or fines up to $2,500.
- Felony of the Fourth Degree – This degree of a felony can lead to imprisonment from six to 18 months, and/or fines not exceeding $5,000.
- Felony of the Third Degree – A conviction for offenses in this degree can incur prison sentences from one to five years and/or fines not more than $10,000.
- Felony of the Second Degree – These felony offenses can result in prison sentences from two to eight years, and/or fines not to exceed $15,000.
- Felony of the First Degree – Felony offenses in this degree can lead to imprisonment from three to 10 years and/or fines up to $20,000.
Defenses from a Cincinnati Theft Defense Lawyer
Some common defenses to Cincinnati Theft offenses can include:
- Lack of probable cause: The police didn’t have enough of a reason to arrest the defendant for theft.
- Mistaken identity: Someone else committed the crime.
- Act of duress or necessity: The defendant had no choice but to commit theft. Perhaps someone was threatening to harm them or their family if they didn’t do what they were told.
- Property not stolen: The defendant didn’t actually steal the property. They did not possess the required mens rea (mental culpability) to commit the crime.
- Lack of evidence: There’s not enough evidence that suggests the defendant committed the crime.
An experienced Cincinnati theft defense lawyer can evaluate which defenses will be most effective in your case.
Hire an Attorney for Theft in Hamilton County
If you are facing criminal charges for theft, you need to contact an experienced theft attorney today. The Wieczorek Law Firm, LLC has defended clients since 2008. Mark Wieczorek defends those accused of theft in Southern Ohio, as well as the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Mark Wieczorek can be reached at (513) 317-5987 or by filling out an online contact form.
