Petty theft is one of the most common criminal offenses in Ohio, involving the unlawful taking of property or services valued below a certain threshold. Governed by Ohio Revised Code (ORC) § 2913.02, petty theft is generally charged as a misdemeanor.
Cincinnati Lawyer for Petty Theft Charges
If you have been charged with Petty Theft, you need to contact an experienced defense attorney. Even if it feels like the consequences of petty theft are relatively minimal, realize that it will stay on your criminal record permanently. If you have another run-in with the law, you will be treated much harsher than the first time petty theft was committed.
If you have been charged with any theft crime in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Petty Theft in Ohio
- Petty Theft under Ohio Law
- Examples of Petty Theft
- Penalties for Petty Theft
- Collateral Consequences of a Petty Theft Conviction
- Expungement of Petty Theft Convictions
- Hire an Attorney for Petty Theft in Hamilton County, OH
Petty Theft under Ohio Law
Petty theft falls under the broader category of theft offenses in Ohio, as defined in ORC § 2913.02. The statute applies when an individual knowingly obtains or exerts control over someone else’s property with intent to deprive the owner of it.
Key Elements of Petty Theft
To secure a conviction for petty theft, the prosecution must prove the following elements beyond a reasonable doubt:
- Knowingly: The defendant acted with awareness of their actions and the likely consequences.
- Obtaining or Exerting Control: This includes taking, possessing, or using the property without the owner’s consent.
- Intent to Deprive: The defendant intended to permanently or temporarily deprive the owner of their property.
- Value of the Property or Services: The stolen property or services must have a value of less than $1,000.
Examples of Petty Theft
Common examples of petty theft include:
- Shoplifting items valued under $1,000.
- Taking a wallet or purse without consent.
- Failing to pay for services, such as a meal at a restaurant or a taxi fare.
- Using another person’s property, such as a bicycle or mobile device, without permission.
Penalties for Petty Theft
Petty theft is generally classified as a first-degree misdemeanor under Ohio law when the value of the stolen property or services is less than $1,000. However, the penalties can vary based on the circumstances of the offense and the defendant’s prior record.
Potential Penalties
- Incarceration: Up to 180 days in jail.
- Fines: Up to $1,000.
- Restitution: The court may order the defendant to pay restitution to the victim to cover the value of the stolen property or services.
- Community Service: Courts may impose community service in lieu of or in addition to incarceration.
- Probation: Defendants may be placed on probation with conditions such as theft deterrence classes or regular reporting to a probation officer.
Aggravating Factors
Certain factors can elevate a petty theft charge or lead to more severe penalties:
- Repeat Offenses: Prior theft-related convictions may result in enhanced charges or sentencing.
- Protected Locations: Theft from a place of worship, a school, or a government building can increase the severity of the offense.
- Targeted Victims: Theft involving elderly or disabled individuals may lead to additional penalties.
Defenses to Petty Theft Charges
Several defenses may be available to individuals accused of petty theft, depending on the specific circumstances:
- Lack of Intent: Demonstrating that the defendant did not intend to deprive the owner of their property permanently or temporarily.
- Mistaken Identity: Arguing that the defendant was not the individual who committed the theft.
- Consent: Providing evidence that the owner allowed the defendant to use or take the property.
- Lack of Evidence: Challenging the prosecution’s ability to prove all elements of the offense beyond a reasonable doubt.
Collateral Consequences of a Petty Theft Conviction
Beyond criminal penalties, a petty theft conviction can result in significant collateral consequences, including:
- Employment Difficulties: Many employers view theft-related offenses as a breach of trust, which can hinder job prospects.
- Housing Challenges: Landlords may deny rental applications from individuals with theft convictions.
- Educational Impact: A conviction may affect eligibility for scholarships or acceptance into certain programs.
- Reputational Damage: A theft conviction can harm an individual’s reputation within their community or professional circles.
Expungement of Petty Theft Convictions
Ohio law allows certain individuals to have their criminal records sealed, including convictions for petty theft. To qualify for expungement:
- The defendant must meet the eligibility criteria, which often includes completing probation or incarceration and avoiding further criminal offenses.
- A specified waiting period must pass (e.g., one to three years, depending on the offense).
- The court must determine that sealing the record is in the interest of justice and does not pose a risk to public safety.
Expungement can help mitigate the collateral consequences of a conviction by making the record inaccessible to most employers and landlords.
Hire an Attorney for Petty Theft in Hamilton County, OH
If you have been charged with Petty Theft, you need to contact an experienced defense attorney. Even if it feels like the consequences of petty theft are relatively minimal, realize that it will stay on your criminal record permanently. If you have another run-in with the law, you will be treated much harsher than the first time petty theft was committed.
If you have been charged with any theft crime in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.