Akron Theft Crime Attorney

For you to be subject to legal penalties and collateral consequences in an Akron theft case, the state prosecutor must first satisfy their legal burden of proof. Specifically, the prosecutor has to prove each legal element of their case beyond a reasonable doubt. By raising one or more legal defenses on your behalf in court, we can negate the state prosecutor’s high burden of proof.

However, if the state prosecutor can satisfy their legal burden, a sentencing judge has to impose penalties against you upon conviction, under state statute.

The penalties a theft offender may receive upon conviction typically depend on the value of the allegedly stolen property. For example, if an individual sustains a conviction for receiving stolen property, a first-degree misdemeanor, a judge can sentence them to a maximum of six years of incarceration. A conviction for receiving stolen property only applies to items valued at less than $1,000.

The criminal penalties may increase significantly if you sustain a conviction for stealing more valuable goods. For example, if you incur a conviction for stealing anything with a value of more than $1,000, you can receive felony-level penalties that can range from between one and ten years of incarceration, along with monetary fines and restitution to the alleged victim.

In addition, under Ohio law, a prosecutor can lump several more minor theft charges together to reach a higher amount. If the prosecutor can do this successfully, it may increase the potential penalties that you ultimately face upon conviction. Therefore, what may have been initially a misdemeanor offense can turn into a felony offense.

In addition to these potential legal consequences for a theft conviction, offenders may face numerous collateral consequences that affect every aspect of their lives.

Some of the most common collateral consequences that convicted theft offenders may experience include:

• Difficulty gaining admission to a university, college, or vocational program
• Difficulty finding a place to live
• Difficulty finding or keeping a job
• Harm to one’s reputation in both their personal and professional communities

Many of these collateral consequences happen because prospective educational institutions, landlords, financial institutions, and employers perform criminal background checks on applicants. If they uncover a theft conviction on the applicant’s record, they are more likely to deny the individual’s application.

The best way to avoid legal penalties and collateral consequences in a theft case is to avoid a conviction altogether. Our legal team can formulate a solid legal defense that may result in a complete dismissal of your case.

However, if you sustain a conviction on your criminal theft charge, we can represent you at your sentencing hearing before a judge and argue for the lightest possible penalties on your behalf. We will also do everything possible to lessen or eliminate the collateral consequences you face after your conviction.

Criminal prosecutors in Ohio may charge a theft offense as either a felony or as a misdemeanor, depending upon the value of the alleged goods or money stolen.

Some of the most common theft offenses in Ohio include:

• Passing bad checks
• Unauthorized vehicle use
• Unlawful use of a telecommunications device
• Possessing or selling an unauthorized cable television device
• Theft
• Unauthorized property use
• Misusing credit cards
• Tampering with records
• Distributing, selling, or forging identification cards
• Trademark counterfeiting
• Receipt of stolen property
• Securing writings by deception
• Illegally transmitting more than one commercial electronic mail message (such as spamming)

We can also defend you against any possible fraud charge that you may be facing in the Ohio Criminal Court System.

If you are currently pending any of these criminal charges, reach out to legal counsel immediately. At Patituce & Associates, LLC, our skilled and compassionate Akron criminal defense lawyers can determine your eligibility to raise a solid legal defense to one of these criminal charges and obtain the best possible result in court.

Suppose you are currently pending a criminal theft charge in Ohio. In that case, we can review the circumstances of your arrest with you and determine if you may be eligible to raise one or more legal defenses to your charge.

Although an accused individual does not have to satisfy a burden of proof in their case or even testify at trial, they can raise one or more favorable legal defenses in court.

Those defenses can work to negate various elements of the prosecutor’s case. If one or more of the defenses are successful in court, the prosecutor may have no choice but to dismiss the pending theft charge.

The potential defenses an individual can raise in response to a criminal theft charge will depend upon various circumstances, including the specific charge the individual is facing.

For example, if an individual is pending a charge for receipt of stolen goods, they can allege they did not know they possessed stolen goods (in other words, lack of knowledge or intent).

You might argue that you stole the items in question because of duress, such as when someone forced you to steal the items at gunpoint.

Alternatively, you can argue that you did not transport or carry away the items in question. To succeed in defense of a theft charge, you must also demonstrate that you returned the property in question.

Our legal team can determine whether you are eligible to raise one or more legal defenses to your criminal theft charge. If so, we can present the appropriate defense on your behalf in court and pursue a complete dismissal of your criminal case.

Our legal team can often negotiate a favorable plea deal with the state prosecutor on your behalf. A prosecutor might offer you a plea deal if they cannot secure a conviction against you in court or want to avoid trial.

We can help you decide whether to take your case to trial or cut a favorable plea deal.

In a plea deal arrangement, the state prosecutor ordinarily agrees to a term of probation or a reduced charge in exchange for a guilty plea from the accused individual. If the prosecutor offers the accused person probation instead of jail time, and the individual successfully completes all of the terms of that probation, then any conviction may go away.

However, remember that by accepting a plea deal from the state prosecutor, you will likely be giving up certain legal rights, including your constitutional right to a trial by jury, along with your right of appeal.

In addition, if you decide to accept a plea deal, you must attend a plea hearing. At that hearing, you will state, on the record, that you agree to enter the plea deal freely and voluntarily – and that no one coerced you into it. At that point, the judge may accept your plea.

Our legal team can determine if you may be better off asserting a solid legal defense at your criminal bench or jury trial or negotiating a fair plea deal with state prosecutors in your case. Our legal team has professional working relationships with both criminal court judges and state prosecutors, and we use those relationships to pursue favorable results for our clients.

Once a police officer takes you into custody and formally arrests you, you should promptly assert your constitutional right to the presence of legal counsel during any questioning.

Once you assert this right, the police officer must cease questioning until legal counsel is available. If the officer does question you and you say something incriminating, that incriminating statement may be subject to suppression at your trial.

In addition to retaining copies of any pertinent documents in your case, including citations and charging documents, you must immediately speak with an experienced Akron theft crime attorney.

Our legal team can immediately enter an appearance on your behalf and begin defending you against your criminal charges. We can also answer all of your legal questions and advise you to make intelligent and informed decisions while your criminal case is pending, such as whether to plead guilty or not.