Cleveland Theft Crime Attorney

Whatever you’ve been charged with, we have successfully defended theft charges such as:

• O.R.C. 2913.02: Theft
• O.R.C. 2913.03: Unauthorized use of a vehicle
• O.R.C. 2913.04: Unauthorized use of property – computer, cable, or telecommunication property
• O.R.C. 2913.041: Possession or sale of unauthorized cable television device
• O.R.C. 2913.05: Telecommunications fraud
• O.R.C. 2913.06: Unlawful use of telecommunications device
• O.R.C. 2913.07: Motion picture piracy
• O.R.C. 2913.11: Passing bad checks
• O.R.C. 2913.21: Misuse of credit cards
• O.R.C. 2913.31: Forging identification cards or selling or distributing forged identification cards
• O.R.C. 2913.32: Criminal simulation
• O.R.C. 2913.33: Making or using slugs
• O.R.C. 2913.34: Trademark counterfeiting
• O.R.C. 2913.40: Medicaid fraud
• O.R.C. 2913.41: Defrauding a rental agency or hostelry
• O.R.C. 2913.42: Tampering with records
• O.R.C. 2913.421: Illegally transmitting multiple commercial electronic mail messages (spamming)
• O.R.C. 2913.43: Securing writings by deception
• O.R.C. 2913.44: Personating an office
• O.R.C. 2913.441: Unlawful display of law enforcement emblem
• O.R.C. 2913.45: Defrauding creditors
• O.R.C. 2913.47: Insurance fraud
• O.R.C. 2913.48: Workers’ compensation fraud
• O.R.C. 2913.49: Identity fraud
• O.R.C. 2913.51: Receiving stolen property
• O.R.C. 2913.61: Finding of value of stolen property as part of verdict
• O.R.C. 2913.71: Felony of fifth degree regardless of the value of the property

Cleveland prosecutors will grade a charge of receiving stolen property according to the value of stolen property received, in keeping with the structure of other theft crimes. The lowest grade of the charge, reserved for property worth less than $1,000, is a first-degree misdemeanor with a sentence of up to 6 months. As the values increase, so will the level of the charges.

As a fifth-degree felony, theft of goods between $1,000 and $7,500 can put you away for 6 months to 1 year. Penalties for values between $7,500 and $149,000 are fourth-degree felonies, with a 12–18 month sentence possible, plus fines and restitution. If the value of goods was between $150,000 and $749,000, you’ll be charged with a third-degree felony, which could produce a sentence of up to 5 years in prison. $750,000 to $1,500,000 in value will produce a second-degree felony charge and possibly put you in prison for 2–8 years. If you’ve stolen more than $1.5 million, you will be facing a first-degree felony charge and up to a 10-year sentence.

If you are caught in possession of goods obtained via theft, you can be charged with receiving stolen property by Cleveland prosecutors—even if you weren’t part of the theft. The state is required to prove that you knew or had reasonable cause to believe that the property in question was obtained illegally.

This requirement means that an experienced Cleveland theft crime attorney can make a big difference for your future.

In Ohio theft and fraud cases, a defendant will be charged based on the value of the money or goods that are alleged to have been stolen. “Finding of the value of the stolen property as part of the verdict” is a statute that directs judges and juries in Cleveland to find the appropriate value of the stolen goods. This is an extremely dangerous statute for a defendant because it allows a series of small thefts to be tallied together to create an aggregate value.

To put it plainly, a misdemeanor offense can easily become a felony under 2913.61.

Similarly, if victims are elderly or disabled adults, and theft crimes are committed through one’s employment relationship, all instances can be prosecuted together. When you’re facing theft charges of any kind in Cleveland, you run the risk of significant jail time and a felony record that can close off opportunities for the rest of your life.

When it comes to theft and fraud prosecution in Cleveland, the state is required to establish that a victim did not consent to a transfer of goods. This can be theft through coercion, threats, deception, and various other means that can be prosecuted on their own. In some cases though, theft and fraud can be alleged in situations where the victim is not legally able to consent.

Under O.R.C. 2913.73, prosecutors can use a state of incapacitation or infirmity on the part of the victim to show that consent could not have been given, which makes it difficult for defense attorneys to demonstrate that a victim consented to the situation that has led to the charges. If the prosecution can demonstrate that the victim lacked the capacity to consent—especially when the defendant knew about the incapacity—then one avenue of defending yourself in court is closed off.

Regardless of the value of the property, O.R.C. 2913.71 states that theft and receiving stolen property crimes involving certain items are always to be prosecuted as fifth-degree felonies, which can lead to a 6–12 month term of incarceration. When theft involves credit cards, forged checks, stolen motor vehicle license plates, blank forms for vehicle titles, or blank forms for Ohio drivers' licenses, O.R.C. 2913.71 will come into play. When prosecutors find evidence that any of these items were involved, your charges can be elevated.

Your future may depend on the quality of your theft crime lawyer.

• Is Receiving Stolen Property Considered Theft?
• What Is Aggravated Identity Theft Under Federal Law?