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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 (R.C. 2913.02)
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

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)

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

Criminal Defense Services

The Law Offices of Brian J. Smith, ltd. defends clients against all types of theft charges. Our attorneys work to obtain dismissals, seek reduced charges, and pursue diversion programs where available to limit the consequences you may face. If you are facing a theft charge, contact us early, before decisions are made that could affect your rights.

We Have You Covered

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.

Northeast Ohio Criminal Defense Service Area Map Clickable Northeast Ohio criminal defense service-area map. Click a county, municipal court area, or local service area to open the related criminal defense page. Rocky River Criminal Defense Attorneys Lakewood Criminal Defense Attorneys Cleveland Criminal Defense Attorneys East Cleveland Criminal Defense Attorneys Cleveland Heights Criminal Defense Attorneys Euclid Criminal Defense Attorneys Shaker Heights Criminal Defense Attorneys South Euclid Criminal Defense Attorneys Lyndhurst Criminal Defense Attorneys Berea Criminal Defense Attorneys Parma Criminal Defense Attorneys Garfield Heights Criminal Defense Attorneys Bedford Criminal Defense Attorneys Ottawa County / Port Clinton Criminal Defense Attorneys Sandusky County / Fremont, Clyde, Woodville Criminal Defense Attorneys Erie County Criminal Defense Attorneys Huron County / Norwalk Criminal Defense Attorneys Lorain County Criminal Defense Attorneys Cuyahoga County / Cleveland Criminal Defense Attorneys Lake County / Painesville Criminal Defense Attorneys Geauga County / Chardon Criminal Defense Attorneys Portage County / Kent / Ravenna Criminal Defense Attorneys Summit County Criminal Defense Attorneys Ashtabula County Criminal Defense Attorneys Port Clinton Criminal Defense Attorneys Sandusky Criminal Defense Attorneys Huron Criminal Defense Attorneys Vermilion Criminal Defense Attorneys Fremont / Clyde / Woodville / Sandusky County Criminal Defense Attorneys Norwalk Criminal Defense Attorneys Lorain Criminal Defense Attorneys Avon Lake Criminal Defense Attorneys Elyria Criminal Defense Attorneys Oberlin Criminal Defense Attorneys Rocky River Criminal Defense Attorneys Lakewood Criminal Defense Attorneys Cleveland Criminal Defense Attorneys East Cleveland Criminal Defense Attorneys Cleveland Heights Criminal Defense Attorneys Euclid Criminal Defense Attorneys Shaker Heights Criminal Defense Attorneys South Euclid Criminal Defense Attorneys Lyndhurst Criminal Defense Attorneys Berea Criminal Defense Attorneys Parma Criminal Defense Attorneys Garfield Heights Criminal Defense Attorneys Bedford Criminal Defense Attorneys Willoughby Criminal Defense Attorneys Mentor Criminal Defense Attorneys Painesville Criminal Defense Attorneys Chardon / Geauga County Criminal Defense Attorneys Portage County / Kent / Ravenna Criminal Defense Attorneys Stow / Summit County Criminal Defense Attorneys Ashtabula County Criminal Defense Attorneys
Further Reading
Criminal Defense
Ohio Criminal Defense Services Misdemeanor Criminal Process Assault Breaking & Entering Child Endangerment Communications Harassment Disorderly Conduct Domestic Violence Driving Under Suspension Drug Possession & Trafficking Falsification & False Statements Firearm Offenses & Penalties Forgery & Financial Crimes Hit-Skip & Leaving the Scene Menacing & Protection Orders Obstructing, Fleeing, Eluding & Resisting Prostitution & Solicitation Ohio Theft Offenses Reckless Operation & Failure to Control Recreational Marijuana Trespass, Damaging & Vandalism Underage Alcohol Offenses Wrongful Entrustment Diversion & First-Offender Expungement & Sealing Attorney Smith's Ohio Criminal Blog
OVI & DUI
Ohio OVI/DUI Services OVI Penalties Steps of an OVI/DUI Charge Beating an OVI Top OVI Mistakes Pleading to an OVI Pleading Down an OVI Marijuana OVI

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The Law Offices of Brian J. Smith, ltd.

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