Theft Crime Defense Attorneys in Dayton

In Dayton, a person can be charged with varying levels of theft that carry different penalties. Regardless of the penalty, a theft charge is a serious matter and warrants a serious response. A criminal theft conviction not only carries potential jail time and fines but can also jeopardize your employment and make it harder to find housing. Theft convictions can also destroy your social reputation and strain relationships with family and friends.

If you have been accused of a theft crime in Dayton, the attorneys at Moermond & Mulligan, LLC are here to assist. We can provide comprehensive legal defense against theft allegations and work to mitigate or eliminate penalties for a conviction. Many people are falsely accused of theft, and a defense attorney can ensure you receive a fair hearing that respects your rights and privacy.

Contact us online or call Moermond & Mulligan, LLC today at (937) 228-9790 for a case consultation with a theft crime defense attorney in Dayton, OH.

Why You Need a Defense Attorney for Theft Charges in Dayton

Theft is one of the most common property crimes in Dayton, with car theft especially prominent. The police and prosecutor’s office vigorously investigate theft crimes, but they can falsely identify suspects and violate individuals’ rights. A theft charge is just a charge, not a conviction, and you have the right to defend yourself.

The attorneys at Moermond & Mulligan, LLC have over 50 years of combined experience protecting clients in Dayton from criminal charges and rights violations. Due to our unique perspective as former employees in the Montgomery County Prosecutor’s Office, we have unique insight into the strategies prosecutors use and can anticipate and pre-empt them. We manage cases in both state and federal courts and have received numerous professional awards and distinctions for our track record in criminal defense practice.

Most importantly, we have a passion for justice and believe the law should protect individuals from unnecessary revocations of their freedoms and liberties. We will use every available legal resource and strategy to safeguard your rights and fight for charge dismissal or reduction.

Types of Theft Crimes Under Ohio Law

ORC 2913.02 broadly defines theft as knowingly taking control of another’s property without consent and with the intent to deprive them of it, whether through threat, deception, or intimidation. Ohio law recognizes several categories of theft based on the value of the stolen property and the presence of aggravating factors.

Petty Theft

The lowest theft charge is “petty theft” and concerns the theft of property valued at less than $1,000. Petty theft is a first-degree misdemeanor.

Theft

A theft charge is theft of property valued at more than $1,000 but less than $7,500. According to ORC 2913.71, a person can also face a theft charge regardless of the value of the stolen object if it is a:

• Credit card
• Vehicle license plate
• Check or negotiable instrument
• A motor vehicle title
• A license form

Stealing from elderly persons, disabled persons, or active-duty service members is a theft charge, regardless of the value of the stolen items. A theft charge in Ohio is a fifth-degree felony.

Grand Theft

Grand theft is defined as theft of any amount of property worth more than $7,500 but less than $150,000. Stealing a motor vehicle or a firearm, regardless of their value, can also incur a grand theft charge. Grand theft is typically a fourth-degree felony, but grand theft of a firearm specifically is a third-degree felony.

Aggravated Theft

Aggravated theft is the highest type of theft charge and concerns the theft of property valued at more than $150,000. Depending on the exact value of the property taken, aggravated theft can be a third-, second-, or first-degree felony.

Burglary

Burglary is a related charge that involves trespassing onto an occupied structure with the intention to commit a crime, whether by stealth, force, or deception (ORC 2911.12). If a person broke into someone else’s house and stole property, they could face both a burglary and theft charge. However, no theft has to actually occur for the state to bring a burglary charge. Burglary can be a fourth-, third-, or second-degree offense, depending on the circumstances.

Robbery

Robbery is a specific type of theft crime in which a person commits theft, attempts to commit theft, or flees from committing theft while also doing any of the following:

• Using or threatening to use force against a person
• Inflicting physical harm on a person
• Having control of a deadly weapon (ORC 2911.02)

An offender doesn’t have to actually harm a person to get a robbery charge — the simple threat of physical harm is enough. Robbery can be a third- or second-degree felony, depending on the case.

Receiving Stolen Property

In Ohio, you can face criminal charges if you accept property you know or have reason to know is stolen (ORC 2913.51). Depending on the value, accepting stolen property could be either a misdemeanor or a felony.

Consequences of Theft Charges in Ohio

Theft conviction penalties vary significantly depending on the degree of misdemeanor or felony. Maximum criminal penalties in Ohio are:

• First-degree misdemeanor: Six months in prison, $1,000 max fine
• Fifth-degree felony: 12 months in prison, $2,500 max fine
• Fourth-degree felony: 18 months in prison, $5,000 max fine
• Third-degree felony: Three years in prison, $10,000 fine
• Second-degree felony: Eight years in prison, $15,000 fine
• First-degree felony: 11 years in prison, $20,000 fine 

In addition to criminal penalties and fines, a misdemeanor or felony conviction can interfere with employment and make it harder to find housing. Criminal convictions may also result in the revocation of professional licenses and certifications. Depending on your case specifics, our attorneys can help you avoid the penalties entirely or reduce your charges to a less severe level.

Legal Strategies for Theft Charges

Every case is different and requires a unique approach, but several general defense strategies against theft charges could prove useful:

• No intent. Part of a theft charge is proving the accused intended to steal. If you weren’t paying attention and walked out of a store holding an item or took something you genuinely believed was yours, your attorney could argue you lacked the necessary intent for theft.
• Your attorney can also argue that when you took control of the property, you had the owner’s consent, whether implicitly or explicitly.
• Right to claim. A person may not be guilty of theft if they had a good faith belief they had a right to the property, as may be the case with shared property or business assets.
• Challenging valuations. Since theft penalties depend on property value, an attorney can also argue for a charge reduction by challenging the claimed value of the stolen goods.
• If someone else forced you to steal with the threat of violence, you could claim you were under duress and, therefore, not guilty.
• Wrong person. Sometimes, the police get things wrong and arrest innocent people. Your attorney could argue that you are not the person who committed the crime and that there is no compelling evidence you are.
• Process violations. The police and prosecution must follow particular procedures when arresting and charging crimes. If they broke these rules or violated your rights during arrest or property seizures, it could be grounds for evidence suppression or a case dismissal. 

Dayton Theft Crime FAQs

If you have more specific theft crime questions, contact our offices to speak with an attorney.

Can I Expunge a Theft Conviction in Ohio?

Yes, Ohio does allow people to expunge or seal theft convictions under specific circumstances. ORC 2953.32 lays out eligibility requirements for expunging convictions. Note, however, that first and second-degree felonies and convictions for violent crimes are not expungable in Ohio.

What’s The Difference Between Theft and Fraud in Ohio?

In Ohio, fraud is knowingly using deception or misrepresentations to create false perceptions or impressions in another person. Fraud can facilitate theft when a person uses deception or misrepresentations to obtain products, services, or money from another. This type of theft with fraud is called theft by deception.

Can a Store Detain Me for Shoplifting in Dayton?

Yes, ORC 2935.041 gives merchants and their employees the power to detain customers they suspect of shoplifting, as long as they:

• Have probable cause
• Detain them in the store or close to the store
• Do not use undue restraint or force

Dayton’s Trusted Source for Theft Crime Representation

Theft crimes are a serious matter that the prosecution often pursues to the fullest extent of the law. If you are currently facing a theft charge in Dayton, it is impossible to understate the importance of hiring a capable and confident defense attorney. Moermond & Mulligan, LLC has been protecting the rights of the accused since 1994 and has successfully defended clients against a wide range of theft charges. With our knowledge, resources, and tenacity, we can provide a full-throated defense to protect your rights and interests.

Contact Moermond & Mulligan, LLC online or call (937) 228-9790 to speak to a theft crimes attorney in Dayton.

Last Updated: 04-08-2025