Theft

If you've been charged with a theft offense in Columbus, Delaware, or Central Ohio in general then it is possible that you were charged under either the local municipal criminal code or the Ohio Revised Code.  Theft offenses are generally divided into different tiers of severity depending on the dollar value of the items stolen.  Harris and Engler provides criminal defense representation to individuals charged with theft offenses.  Most individuals in Columbus will be charged under the Columbus City Code.  

Columbus City Code Section 2313.02 - Theft


(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property of services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent; 
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception; 
(4) By threat; 
(5) By intimidation.

(B) Whoever violates this section is guilty of theft, if the value of the property or services is less than one thousand dollars ($1,000.00), a violation of this section is petty theft, a misdemeanor of the first degree.

(C) This section shall not apply if:

(1) The value of the property of services stolen is one thousand dollars ($1,000.00) or more; 
(2) The property stolen is any of the property listed in Section 2913.71 of the Revised Code; 
(3) The victim of the offense is an elderly person or a disabled adult; 
(4) The property stolen is a firearm or dangerous ordinance; 
(5) The property stolen is a motor vehicle, as defined in Section 4501.01 of the Revised Code; 
(6) The property stolen is any dangerous drug, as defined in Section 4729.01 of the Revised Code; 
(7) The property stolen is a police dog or horse or an assistance dog;
(8) The property stolen is anhydrous ammonia;
(9) The property stolen is a special purpose article as defined in Section 4737.04 of the Revised Code or is a bulk merchandise container as defined in Section 4737.012 of the Revised Code.

Different Degrees of Theft


Under the Columbus City Code section 2313.02, if the value of the items is less than $1,000 then the offense will be called "Petty Theft" and it is classified as a 1st Degree Misdemeanor, the most serious misdemeanor you can be charged with.  If the value of the items stolen is valued at more than $1,000 then most likely the alleged offender will be charged under the Ohio Revised Code, and they will be charged under the more serious classification of theft with is a 5th Degree Felony.  

Ohio Revised Code Section 2913.02 - Theft


(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent; 
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation;

(B) 
(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), (8), or (9) of this section, a violation of this section is petty theft, a misdemeanor of the first degree.  If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree.  If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree.  If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree.  If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree.  If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.

(3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) of this section, if the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is theft from a person in a protected class, and division (B)(3) of this section applies.  Except as otherwise provided in this division, theft from a person in a protected class is a felony of the fifth degree.  If the value of the property of services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from a person in a protected class is a felony of the fourth degree.  If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from a person in a protected class is a felony of the third degree.  If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree.  If the value of the property or services is one hundred fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree.

(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft.  Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense.  

(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.

(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.

(7) 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 of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.

(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.

Ohio Revised Code Degrees of Theft

The Ohio Revised Code splits up a Theft offense into a lot of different possible charges that range in severity from a 1st Degree Misdemeanor to a 1st Degree Felony.  Felonies range from 1st Degree (the most serious) to 5th Degree (the least serious felony).  Misdemeanors range in severity in the same way, except there is also a Minor Misdemeanor (MM) which is the least serious crime a person can be charged with.  The Ohio Revised Code basically classifies the severity of a theft offense as a more serious felony for the higher valued items stolen, more serious depending on the type of person the items were stolen from, and more serious depending on the specific types of things stolen (guns or drugs).  

If You've Been Charged With Theft - Talk to a Criminal Defense Attorney

The best time to talk to a criminal defense attorney is before your arraignment (or as soon as you've been indicted if for a felony).  You can talk to a criminal defense attorney today by calling Harris and Engler at (614) 610-9988.

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