Ohio Theft Offenses and Penalties

A theft charge in Ohio carries serious implications, from misdemeanor penalties to felony sanctions with potential prison terms. The severity depends on factors like property value, use of force, victim identity, and type of items taken.

Beyond immediate criminal penalties, a conviction can impact employment, licensing, housing, and immigration status, while also exposing defendants to civil liability of up to triple damages plus fees. Given these far-reaching consequences, immediate and strategic defense is essential.

Theft Definition:

Theft occurs when a person, with the purpose to deprive the owner of his property, knowingly obtains or exerts control over the property (a) without the owner’s consent; (b) beyond the scope of the owner’s consent; (c) by deception; (d) by threat; or (e) by intimidation.  Shoplifting from a store is a common example of theft.  (Revised Code Section 2913.02)

Ohio Theft Offenses and Penalties
Offense Property Value or Trigger Degree Penalty
Petty theft Less than $1,000 M1 Up to 180 days jail; fine up to $1,000; restitution
Theft $1,000 to under $7,500 F5 6 to 12 months prison; fine up to $2,500; restitution
Theft of a credit card, check, vehicle title, license plate, or driver's license Any value F5 6 to 12 months prison; fine up to $2,500; restitution
Theft from a person in a protected class Less than $1,000 F5 6 to 12 months prison; fine up to $2,500; restitution
Theft of a special purpose article (R.C. 4737.04) Any value F5 6 to 12 months prison; fine up to $2,500; restitution
Theft of a bulk merchandise container (R.C. 4737.012) Any value F5 6 to 12 months prison; fine up to $2,500; restitution
Grand theft $7,500 to under $150,000 F4 6 to 18 months prison; fine up to $5,000; restitution
Theft from a person in a protected class $1,000 to under $7,500 F4 6 to 18 months prison; fine up to $5,000; restitution
Theft of a motor vehicle Any value F4 6 to 18 months prison; fine up to $5,000; restitution
Theft of a dangerous drug Any value F4 6 to 18 months prison; fine up to $5,000; restitution
Aggravated theft $150,000 to under $750,000 F3 9 to 36 months prison; fine up to $10,000; restitution
Theft from a person in a protected class $7,500 to under $37,500 F3 9 to 36 months prison; fine up to $10,000; restitution
Theft of a firearm or dangerous ordnance Any value F3 9 to 36 months prison; fine up to $10,000; restitution
Theft of a dangerous drug, offender has a prior felony drug abuse offense Any value F3 9 to 36 months prison; fine up to $10,000; restitution
Theft of a police dog or horse, or an assistance dog Any value F3 9 to 36 months prison; fine up to $10,000; restitution
Theft of anhydrous ammonia Any value F3 9 to 36 months prison; fine up to $10,000; restitution
Aggravated theft $750,000 to under $1,500,000 F2 2 to 8 years prison; fine up to $15,000; restitution
Theft from a person in a protected class $37,500 to under $150,000 F2 2 to 8 years prison; fine up to $15,000; restitution
Aggravated theft $1,500,000 or more F1 3 to 11 years prison; fine up to $20,000; restitution
Theft from a person in a protected class $150,000 or more F1 3 to 11 years prison; fine up to $20,000; restitution
Theft of a firearm or dangerous ordnance from a federally licensed firearms dealer Any value F1 3 to 11 years prison; fine up to $20,000; restitution

Protected class means an elderly person, a disabled adult, an active duty service member, or the spouse of an active duty service member (R.C. 2913.02(B)(3)). If the victim is an elderly person, the court must also order full restitution and may impose an additional fine of up to $50,000. Penalty ranges reflect R.C. 2913.02 and Ohio felony sentencing. This chart is general information and is not legal advice.

Frequently Asked Questions: Ohio Theft Charges

Is shoplifting a felony in Ohio?
Not always. Shoplifting is charged as theft under R.C. 2913.02. When the value of the property is less than $1,000, it is petty theft, a first-degree misdemeanor. It becomes a felony when the value is $1,000 or more, when the item is a special category such as a credit card, check, or motor vehicle, or when the victim is a person in a protected class such as an elderly or disabled person.
What dollar amount makes theft a felony in Ohio?
$1,000. Theft of property worth less than $1,000 is petty theft, a first-degree misdemeanor. At $1,000 to under $7,500 it is a fifth-degree felony, at $7,500 to under $150,000 it is grand theft, a fourth-degree felony, and the degree continues to climb with higher values up to aggravated theft.
What is the penalty for petty theft in Ohio?
Petty theft, meaning theft of property worth less than $1,000, is a first-degree misdemeanor. It carries up to 180 days in jail and a fine up to $1,000, plus possible restitution to the victim. First-time offenders are often eligible for diversion or other alternatives that can avoid a conviction.
Can a theft charge be dismissed, diverted, or sealed in Ohio?
Often, yes, depending on the facts and your record. Many first-time theft cases can be resolved through dismissal, a diversion program, or a reduction to a lesser offense, and some theft convictions may later be eligible for sealing or expungement. Eligibility depends on the degree of the offense, your overall record, and current Ohio law. You can learn more on our Ohio expungement and sealing page.
If I am convicted of theft, can the store sue me?
Yes. Separate from the criminal case, R.C. 2307.61 lets a property owner bring a civil claim. The owner can recover the value of the property plus liquidated damages, or liquidated damages of whichever is greater, $200 or three times the value of the property, and may also seek administrative costs and attorney's fees. Retailers sometimes send a civil demand letter before or instead of filing suit.

Unauthorized use of property

(Revised Code Section 2913.04)

Sometimes a theft charge might be reduced to an unauthorized use of property charge, which states, "No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent."  Unauthorized use is, in many circumstances, a misdemeanor of the fourth degree with penalties including jail up to 30 days and a fine up to $250.00

Civil Liability

(Revised Code Section 2307.61)

If you are convicted of theft, the property owner may sue you for their choice of either:

A.  The value of the property AND liquidated damages ($50 if value of property was $50 or less; $100.00 if value of the property was more than $50 up to $100; or $150 if the value of the property was more than $100)

OR

B.  Liquidated damages of whichever is greater of $200 or three times the value of the property.

The property owner may also be entitled to administrative costs, attorney’s fees, and costs in bringing the civil suit.

Criminal Defense Services

Smith's Law Offices leverage their proven skills and experience to challenge and defend against all theft charges. They work diligently to obtain dismissals, seek reduced plea agreements, and secure diversion programs to mitigate the consequences you may face. Smith's Law Offices will aggressively advocate for your rights. To safeguard your interests, contact them immediately—before mistakes are made and your rights are compromised.

Further Reading

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