What Happens to a First-Time Theft Offender in Ohio?
If you have been charged with theft in Ohio, you almost certainly are wondering what you should do next. Attorney David Johnson of Johnson Legal, LLC understands that shoplifting or other petty theft offenses are often a one-time mistake, youthful indiscretion or related to peer-pressure. However, this simple mistake can create serious problems for you, both immediate and in the future, including jail time, probation, fines and can impact your current or future employment.
While you may have made a mistake, you are not without options. An experienced and dedicated Columbus and Delaware, Ohio theft attorney can help you present the best possible defenses for your case or seek an alternative, such as a pre-trial diversion program, in order for you to avoid having a criminal conviction on your record. Call Johnson Legal, LLC at (614) 987-0192 to schedule a consultation regarding your Ohio theft case.
What is Theft in Ohio?
If you have been charged with theft in Ohio, you first need to understand how theft is defined under Ohio law. Pursuant to the Ohio Revised Code, theft can be as simple as leaving a store with a product in your possession that you have not paid for. R.C. 2913.02 defines theft as an individual, with the intention of depriving the owner of property or services, exerting control over or obtaining products or services:
- Without the consent of the owner;
- Beyond the scope of implied or express consent given by the owner;
- By threat;
- By intimidation; or
- By deception.
Thus, you can be charged with theft in a variety of different circumstances, from shoplifting to taking money, property or services from another based on a threat or false promise. However, other factors, including the value of the property, can lead prosecutors to charge you with other theft offenses, such as grand theft, aggravated theft or receiving stolen property.
Understanding Petty Theft in Ohio
Under Ohio law, petty theft is exerting control over or obtaining property or services worth less than $1000, provided the item(s) taken is not a firearm, vehicle or drugs. Stealing one of those items, or property or services from an individual with a disability, elderly person or military member, can result in prosecutors charging you with a harsher offense than petty theft in Ohio.
Ohio Consequences for a Petty Theft Conviction
Petty theft, while the least serious theft offense in Ohio, is a 1st degree misdemeanor. This offense carries a 6 month jail sentence and $1000 fine. Moreover, you will have a criminal record that can be viewed by college admission officers, current or future employers, and landlords.
Options for First-Time Theft Offenders in Ohio
If your theft charge is the first offense you have been charged with, there may be another option for you to consider besides trial and potentially a jail sentence. This is a pre-trial diversion program. Diversion programs vary greatly from county to county. However, the basic idea is common to all theft diversion programs. Instead of serving a jail sentence, you enter a program that includes supervision, restitution, community service, counseling and possibly other elements for a certain period of time. Upon successfully completing the diversion program, the theft charge is dismissed and you may be eligible to have your case immediately expunged.
If the circumstances of your case include possible drug or alcohol abuse, you may be eligible for Intervention in Lieu of Conviction (ILC). This program is designed for those the courts believe committed a crime that was primarily motivated by substance abuse. Through this specific program, you will be ordered to complete court-supervised treatment. This program takes a minimum 12 months to complete and is generally used for felony theft offenders.
Both pre-trial diversion and ILC are not automatically granted. You will need the assistance of a criminal defense attorney in order to gain admission into these programs. Moreover, depending upon your circumstances, you may not be eligible for these programs, in which case you will need an experienced Columbus or Delaware, Ohio criminal defense attorney to either secure a favorable plea agreement or represent you at trial.
Columbus and Delaware, Ohio Theft Attorney
The consequences for stealing property in Ohio can be quite severe and involve thousands of dollars in fines and prison. If you have been charged with a theft offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your theft offense. For further information, consult Johnson Legal, LLC’s Theft Offenses Blog.
Johnson Legal, LLC serves the following cities in the central Ohio area for Theft:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Pataskala, Franklin County, Morrow County, Licking County, Union County and Delaware County