Defending Against Felony Theft Charges in Ohio

What is Felony Theft?

Theft charges in Ohio depend on the value of the property or services you obtain illegally from someone. Under the Ohio Revised Code (ORC) 2913.02, you could be charged with felony theft if you unlawfully obtain goods worth at least $1,000. Criminal defense lawyers in Cleveland add that the degree of felony theft charges intensifies as the value of stolen goods increases.

Nonetheless, some theft or fraud offenses don’t rely on the property’s value to determine the charge. You risk devastating legal consequences upon a felony theft conviction. Navigating the criminal justice system can be challenging, so consider working closely with aggressive Cleveland theft attorneys to defend yourself against the charges.

Levels of Felony Theft Charges

Felony theft charges are categorized depending on the value of the property in question. The following are the five degrees recognized by the law in Ohio:

Fifth-degree felony theft: The stolen goods or services are worth between $1,000 and $7,500. The charges also entail the theft of credit cards, checks, and some form of identification.
Fourth-degree felony theft: The stolen goods or services are valued between $7,500 and $150,000, or the crime involves the theft of a motor vehicle or drugs.
Third-degree felony theft: The property is worth between $150,000 and $750,000 or entails unlawfully obtaining firearms.
Second-degree felony theft: The property is between $750,000 and $1,500,000.
First-degree felony theft: It is the most severe form of theft involving goods or services worth more than $1.5 million.

Understanding the classification of these charges is crucial, as the severity of the charge also determines the possible penalties. With the guidance of skilled criminal defense lawyers in Cleveland, you will be better informed to weigh your legal options.

What Are the Penalties for Felony Theft Charges in Ohio?

The penalties for felony theft charges vary greatly, depending on the degree of theft and the surrounding case circumstances:

A fine of up to $20,000 and a minimum prison sentence of between 3 and 11 years for first-degree felony theft
Up to $15,000 in penalties and a minimum prison sentence of 2-8 years for second-degree felony theft
A penalty of up to $10,000 or a prison sentence of between 1 and 5 years for third-degree felony theft
Up to $5,000 in fines or a prison sentence of between 6 and 18 months for a fourth-degree felony theft charge
A maximum fine of $2,500 and a prison sentence of 6-12 months for a fifth-degree felony theft.

Aggravating circumstances could also lead to more severe penalties. Skilled theft lawyers in Cleveland can raise mitigating factors that could reduce the penalties.

What Are Some Possible Defense Strategies Against Felony Theft Charges?

A conviction earned due to felony theft charges can affect your life in several ways. It can take away your freedom and severely impact your chances at employment, housing, and education opportunities. Given the high stakes, you must defend yourself against the charges aggressively.

Skilled theft lawyers in Cleveland can help you develop a solid defense strategy based on one or more of the following premises:

Lack of intent: A common defense strategy against theft crimes is to argue you did not intend to steal the goods in question. For example, you may have walked out of a store with an item in your hand without paying because you were distracted, but didn’t intend to steal.
Consent: You could argue that the item’s owner permitted you to take it, so it was not theft. For example, a friend may have allowed you to use their car but later accused you of stealing it.
Duress: Someone may have threatened to harm you if you didn’t commit the crime of theft. For example, a senior official at work may have forced you to misappropriate funds, or they would fire you from your job.
Entrapment: It happens when a law enforcement official persuades someone to commit a crime they otherwise wouldn’t have committed. You could argue that an officer of the law coerced you to steal something on their behalf.

Mistake of fact: You may have made an honest mistake by taking something you believed was yours but wasn’t. This defense is called a mistake of fact, and skilled lawyers can help you argue it strongly.

Valuation challenges: Your lawyers can challenge the valuation of the goods or services in question, since felony theft charges depend on the property’s value. If they are successful, the court could reduce the charges and potential penalties.
Constitutional challenges: The law stipulates the procedures police officers should use during searches and arrests. They may have committed constitutional violations, which can be a basis for your defense. For example, not reading your Miranda rights can be a defense that can lead to evidence suppression or case dismissal.
Mistaken identity: This defense entails establishing an alibi that you were not at the crime scene when the theft happened and are facing charges due to mistaken identity.
False accusation: You could argue that someone accused you falsely as revenge against you for a grudge they hold against you.

Defending against felony theft charges can be complex. To navigate the nuances of criminal defense, it’s advisable to engage the expertise of aggressive theft lawyers in Cleveland.

A Skilled Criminal Defense Attorney Defending You Against Felony Theft Charges

You risk life-changing legal and social consequences if convicted of felony theft in Ohio. Fortunately, you have a constitutional right to defend yourself against the charges and have the charges dropped or penalties reduced. Skilled criminal defense lawyers in Cleveland can help you devise a practical defense strategy.

Watson Kuhlman is a reputable criminal defense law firm in Ohio. Our skilled team of legal experts can handle your case. If you’re facing criminal charges, don’t suffer in silence. Your fight is our fight, and your win is our win. Call us at 216-208-7858 for a FREE consultation.