Petty Theft / Shoplifting

CRIMINAL

In most cases, shoplifting is more commonly referred to as petty theft and is a misdemeanor charge. Property of higher value, however, could result in enhanced criminal charges that may even be felony offenses.

The consequences of any kind of theft conviction should not be overlooked by alleged offenders because even minor crimes can still lead to criminal records that could be enormously damaging. People should never assume that shoplifting offenses are not major crimes because convictions for these offenses could very well be held against people by employers, landlords, or other parties performing basic background checks.

Petty Theft / Shoplifting

Columbus Petty Theft / Shoplifting Lawyer

Were you arrested for an alleged petty theft or shoplifting offense in Westerville, Columbus, Dublin, or a surrounding area of Franklin County, Ohio? You should be sure to hire a criminal defense attorney for assistance fighting your criminal charges.

Sabol | Mallory offers years of experience defending individuals all over the Columbus area against various kinds of theft charges. Call (614) 300-5088 or contact us online to have our firm review your case and discuss all of your legal options during a free consultation.

Petty Theft / Shoplifting Charges in Ohio

Ohio Revised Code § 2913.02(A) establishes that no person, with purpose to deprive the owner of property or services, can knowingly obtain or exert control over either the property or services in any of the following ways

  • Without the consent of the owner or person authorized to give consent;
  • Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
  • By deception;
  • By threat;
  • By intimidation.

A violation of this statute is a theft offense, and theft of any property valued at less than $1,000 is considered petty theft. Petty theft is a first-degree misdemeanor.

If the value of the property or services stolen is $1,000 or more and is less than $7,500 or if the property stolen is any of the property listed in Ohio Revised Code § 2913.71, a violation is theft, a fifth-degree felony. Ohio Revised Code § 2913.71 states that regardless of the value of the property involved and regardless of whether the alleged offender previously has been convicted of a theft offense, a violation of Ohio Revised Code § 2913.02 or Ohio Revised Code § 2913.51 is a fifth-degree felony if the property involved is any of the following:

  • A credit card;
  • A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;
  • A motor vehicle identification license plate as prescribed by Ohio Revised Code § 4503.22, a temporary license placard or windshield sticker as prescribed by Ohio Revised Code § 4503.182, or any comparable license plate, placard, or sticker as prescribed by the applicable law of another state or the United States;
  • A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by Ohio Revised Code § 4505.07; or
  • A blank form for any license listed in section 4507.01 of the Revised Code.

If the value of the property or services stolen is $7,500 or more and is less than $150,000, a violation of this section is grand theft, a fourth-degree felony. If the value of the property or services stolen is $150,000 or more and is less than $750,000, a violation of this section is aggravated theft, a third-degree felony.

If the value of the property or services is $750,000 or more and is less than $1,500,000, a violation of this section is aggravated theft, a second-degree felony. If the value of the property or services stolen is $1,500,000 or more, a violation of this section is aggravated theft of $1,500,000 or more, a first-degree felony.

When the victim of a theft offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, a violation is theft from a person in a protected class. Theft from a person in a protected class is a fifth-degree felony, although theft from a person in a protected class is a fourth-degree felony when the value of the property or services stolen is $1,000 or more and is less than $7,500, theft from a person in a protected class is a third-degree felony if the value of the property or services stolen is $7,500 or more and is less than $37,500, theft from a person in a protected class is a second-degree felony felony if the value of the property or services stolen is $37,500 or more and is less than $150,000, and theft from a person in a protected class is a first-degree felony felony if the value of the property or services stolen is $150,000 or more.

If the property stolen is a firearm or dangerous ordnance, a violation is grand theft, a third-degree felony. If the property stolen is a motor vehicle, a violation is grand theft of a motor vehicle, a fourth-degree felony.

If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a fourth-degree felony. If an alleged offender has been previously convicted of a felony drug abuse offense, the crime is a third-degree felony.

If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation is theft of a police dog or horse or an assistance dog, a third-degree felony. If the property stolen is anhydrous ammonia, a violation of is theft of anhydrous ammonia, a third-degree felony.

Columbus Petty Theft / Shoplifting Penalties

Convictions for theft offenses in Ohio could result in one of the following sentences, depending on how a crime has been classified:

  • First-Degree Misdemeanor — Up to 180 days in jail and/or a fine of up to $1,000
  • Fifth-Degree Felony — Up to 12 months in prison and/or a fine of up to $2,500
  • Fourth-Degree Felony — Up to 18 months in prison and/or a fine of up to $5,000
  • Third-Degree Felony — Up to five years in prison and/or a fine of up to $10,000
  • Second-Degree Felony — Up to eight years in prison and/or a fine of up to $15,000
  • First-Degree Felony — Up to 11 years in prison and/or a fine of up to $20,000

Ohio Revised Code § 2913.02(B)(10) provides that in addition to the penalties described in Ohio Revised Code § 2913.02(B)(2), if the alleged offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court can do one of the following:

  • Unless Ohio Revised Code § 2913.02(B)(10)(b) applies, suspend for not more than six months the alleged offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;
  • If the alleged offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to Ohio Revised Code § 2913.02(B)(10)(a), impose a class seven suspension of the offender's license, permit, or privilege from the range specified in Ohio Revised Code § 4510.02(A)(7), provided that the suspension shall be for at least six months.
  • The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to Ohio Revised Code § 2913.02(B)(10)(a) or (b), instead may require the offender to perform community service for a number of hours determined by the court.

In addition to the penalties described in Ohio Revised Code § 2913.02(B)(2), if the alleged offender committed the violation by stealing rented property or rental services, the court can order that the alleged offender make restitution pursuant to Ohio Revised Code § 2929.18 or 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of Ohio Revised Code § 2913.72.

Franklin County Petty Theft / Shoplifting Resources

National Association for Shoplifting Prevention (NASP) — The NASP is a a tax-exempt, non-profit 501(c)(3) organization with the mission is to raise public awareness about the harmful effects of shoplifting on youth, families, and communities, unite public opinion toward constructive solutions, deliver needed programs and services and engage community action in prevention efforts to improve the lives of all affected and reduce the number of people who become involved. Use this website to learn more about the shoplifting problem, community impact, and retail industry impact. Also find news, articles, and other resources.

Ohio - Course For Theft — This is one theft course which some alleged offenders could be required to take in certain cases. This online Theft Awareness Class is nationally recognized and satisfies court, legal, and employment requirements. It is 100 percent online and self-paced.

Sabol | Mallory | Columbus, OH Petty Theft / Shoplifting Attorney

If you were arrested for a petty theft or shoplifting offense in Columbus or another part of Franklin County, you will want to be sure that you have a skilled lawyer by your side when you answer the criminal charges. Make sure that you speak to Sabol | Mallory.

Our firm has a wealth of experience defending people accused of all kinds of theft crimes. You can have us examine your case and really explain your legal options to you when you call (614) 300-5088 or contact us online to receive a free consultation.

The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contact Us today for more information.
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