A theft charge is the one misdemeanor that follows you into every job interview — it is a crime of dishonesty, and employers treat it that way. Most start at a store, many at a self-checkout, and more of them are defensible than people think. Here is what you are facing and how I defend it.
Ohio's theft statute, R.C. 2913.02, is broader than most people expect. It is theft to knowingly obtain or exert control over someone else's property or services, with purpose to deprive the owner of it, in any of five ways: without the owner's consent, beyond the scope of the consent given, by deception, by threat, or by intimidation. That covers the obvious shoplifting case — but also the self-checkout “missed scan,” the borrowed item never returned, the gas drive-off, the rented equipment kept past the agreement, and the employee who takes from the till.
Two words in that definition decide most cases: knowingly and purpose to deprive. The State has to prove you knew what you were doing and meant to keep the property. That is why self-checkout cases — where the question is whether an item was intentionally skipped or honestly missed — are so often defensible.
The degree of a theft charge is set by the value of what was taken (R.C. 2913.02(B)(2)):
| Value | Charge | Maximum penalty |
|---|---|---|
| Under $1,000 | Theft (petty theft) — 1st-degree misdemeanor | 180 days jail, $1,000 fine |
| $1,000 – $7,499 | Theft — 5th-degree felony | 6 – 12 months prison, $2,500 fine |
| $7,500 – $149,999 | Grand theft — 4th-degree felony | 6 – 18 months prison, $5,000 fine |
| $150,000 – $749,999 | Aggravated theft — 3rd-degree felony | 9 – 36 months prison, $10,000 fine |
| $750,000 and up | Aggravated theft — 2nd- or 1st-degree felony | Prison |
Three things raise the degree regardless of value: a prior felony theft conviction within three years (one prior makes it a fourth-degree felony; two make it a third); a victim who is an elderly person, disabled adult, or active-duty service member (any value is at least a fifth-degree felony); and certain property — a motor vehicle is always a fourth-degree felony, a firearm a third-degree felony with a presumption of prison. A prior misdemeanor theft does not change the degree, but it changes what the prosecutor offers and what the judge does at sentencing.
Felony theft cases in Ashland County are heard in the Court of Common Pleas, not Municipal Court. Misdemeanor theft — the great majority of shoplifting cases — is heard in Ashland Municipal Court, Mansfield Municipal Court, or Norwalk Municipal Court.
Most of the theft cases I defend start in a retail store, and more and more of them start at a self-checkout. The pattern is familiar: loss prevention watches the lane on camera, flags an item that was bagged but not scanned, and either stops you at the door or — increasingly — lets you leave and sends the video to the police, who issue a summons by mail. Three things to know:
Theft is a crime of dishonesty. That label matters more than the penalty: employers, licensing boards, and background-check companies treat a theft conviction differently from almost any other misdemeanor, and it can be used to attack your credibility if you ever testify in any case. It can also carry immigration consequences for non-citizens, and a second theft charge is looked at very differently by every prosecutor in these counties. That is why a first theft charge — even for a small amount — is worth fighting rather than pleading out at arraignment.
Theft cases often come with, or get charged as, related offenses: receiving stolen property (R.C. 2913.51 — possessing property you knew or had reason to believe was stolen), unauthorized use of a vehicle (R.C. 2913.03 — the “borrowed” car that was never returned), criminal trespass after a store ban, and obstructing official business when the stop at the door went badly. I handle all of them, and the same preparation applies.
Most misdemeanor theft cases in my practice are handled for a flat fee between $1,500 and $2,500, quoted after a free consultation. Felony theft cases are quoted individually. Either way, you know the cost before you hire me.
Charged with something else as well? See the criminal defense page. Charged in a store on US-30 or I-71 and headed home out of county? I regularly represent out-of-area clients — see the Mansfield and Norwalk court guides.
Free consultation — call, text, or send the contact form. The earlier I get involved, the more I can do.
☎ Call 419.520.8967Content reviewed by attorney Jeffrey C. Honaker, October 2026. Penalty figures reflect the Ohio Revised Code as in effect on that date. This page is general information, not legal advice about your case.