Theft is graded by two things: the value of what was taken and who it was taken from. Under $1,000 it is a first-degree misdemeanor. At $1,000 it becomes a felony, and it climbs from there. Most of the theft cases we see are shoplifting and employee theft under that line, and in those cases the sentence is almost never the issue. The word theft on a background check is.
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 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)
Theft charges are graded by value and by who the alleged victim was, and the difference between a misdemeanor and a felony can be narrow. Speak with one of our attorneys about how your case is likely to be charged. Consultations are free and confidential.
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
The property owner may also be entitled to administrative costs, attorney's fees, and costs in bringing the civil suit.
The Law Offices of Brian J. Smith, ltd. defends theft charges in municipal and common pleas courts across Northern Ohio. In a first-offense misdemeanor case the target is a resolution that keeps the word theft off the record: diversion where the court offers it, or a reduction to unauthorized use of property or disorderly conduct where it does not, usually with restitution paid up front. In a felony case the first fight is over the value, because the loss figure the store or employer reports is the number that sets the grade, and it is checked before anything else is agreed to. Talk to us before the first court date, since the diversion request has to be made before a plea.
The attorneys at The Law Offices of Brian J. Smith, ltd. provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.
"5 stars. Very professional and results oriented. Got my OVI charge dismissed. Always helpful and responsive to any questions I had. Would 100% recommend if you find yourself needing legal assistance in an area of their expertise." Nathan
"He got my license back in a month. then got my case dropped within the same month. He is an awesome lawyer. He did his best work on my case. And he put a lot of effort into my case. If you want a lawyer that you can trust and that will put in time and effort definitely pick Brian J. Smith. If I ever run into trouble in the future, I will be back requesting him."
Desiree
"I highly recommend the Law Offices of Brian J. Smith, ltd.. The entire team was professional, supportive, and truly amazing throughout my case. They guided me step-by-step through the process and successfully won my appeal. If you're looking for a firm that is both compassionate and effective, I’d definitely recommend them. I couldn't have done it without their help!"
Tabitha
"Excellent service, not only did I win my case but the level of customer service was phenomenal!! Anytime i had a question it was answered so that i could understand it.
I was also extremely prepared and ready before we went to court.
It was such a nice process. I would recommend this company to anyone i know!!"
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"Great attorney's, very knowledgeable; they took care of everything which made it a smooth process, kept me updated, and answered all my questions. Would recommend"
Luke
"I highly recommend Brian. He was very informative and handled/negotiated my case far better than I thought possible. Worth every penny, I would have paid him more, seeing what he did for me. He is a very good attorney, he is very detailed, and makes sure the police go by the book, if not he finds it, exploits it and handles it accordingly. Best attorney I've used. Thank you Mr Smith. Highly recommend him."
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"I cannot recommend Brian enough. His intuitive approach to what I thought was a doomsday scenario, proved to be the right call. I will say that is the experience that money cannot buy. I cannot express my gratitude enough."
Patrick
"Helped us find the best possible outcome (dismissal of a charge) in a very stressful and important time when my husband was charged with an offense. He was also able to handle everything remotely with only one trip to the area, since this occurred when we were on vacation. He helped make a very horrible time, just a bit more manageable. Very professional, yet relatable and down to earth. Would use his services again, but let's hope we never need to, lol."
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"10/10 recommend!!! VERY professional and thorough with what he does! He helped me get my DUI dropped to a reckless opp and my license suspension was only 3 months. I blew a .126. If you have any fears at all he will definitely help you with that all the way to the end! Very affordable and also will do payments." Lindsay
"Great law firm. My attorney help me immensely. My job fired me unjustly and they help me get my unemployment back. They help file everything and keep you updated on what going on. Very friendly and helpful. Wish these guys the best in the future!"
Chris
"Brian and his colleague John were incredibly helpful and supportive. Not only did they make me feel secure, I felt represented and heard. I won my case with their help and hard work! I highly recommend them for anyone who is having to fight their employer for unemployment. I can not thank them enough!"
Amanda
"I got a DUI and I was absolutely terrified that this would affect my career and my licensing with the company I work for. Not only were they able to help me get the DUI dropped to a physical control but also was able to get it dropped to a charge with 0 points on my record. They exceeded my expectations and were professional from start to finish." Alyssa
"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
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20545 Center Ridge Road, Ste. 215, Rocky River, OH 44116
Huron, Ohio. Port Clinton, Ohio. Wickliffe, Ohio.
Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
The Law Offices of Brian J. Smith, ltd. provides legal services throughout Ohio, from Ashtabula to Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Garfield Heights, Euclid, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Sandusky, Huron, Geauga, Lake, Ashtabula, Portage and Summit.
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