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Cincinnati Theft Attorneys

Don't let theft & fraud charges limit your future? Call LHA at (513) 338-1890 for a free consultation.

Have you been charged with theft or fraud in Cincinnati, Hamilton County, or elsewhere in Southern Ohio? At LHA, our highly experienced theft defense attorneys will review the details, explain your options, and seek the best possible result – from reduction to dismissal.

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Charged With Theft in Cincinnati? Our Lawyers Can Help.

There are a variety of reasons why people find themselves being charged with theft or fraud crimes. Sometimes people have intentionally committed the act; others may not have understood the law, or perhaps some just made a regrettable mistake or there was a misunderstanding. Whatever the situation, a criminal defense lawyer should be your first call.

Theft and fraud in Ohio are serious criminal offenses with harsh penalties and consequences if convicted. At Luftman, Heck & Associates, our Cincinnati theft attorneys act fast to ensure that your rights are protected throughout the legal process. Call (513) 338-1890 today for a free, confidential legal consultation.

Ohio Theft Laws (ORC 2913.02)

Theft is defined according to the Ohio Revised Code 2913.02 as purposefully depriving someone of their property or services without their consent, and knowingly taking or exerting control over the property through deception, threat, or intimidation. Theft typically occurs at someone’s home, job, store, or on the street.

How Does Ohio Define Theft Charges

Theft is defined as purposely depriving someone of their property or services without their consent, and knowingly taking or exerting control over the property through an act of deception, threat, or intimidation. Theft typically takes place at someone’s home, job, store, or on the street.

Theft & Fraud Charges in Cincinnati, Ohio

Theft in Cincinnati can take many forms. Some of the different types of theft charges LHA could help defend against include:

Petty Theft

Shoplifting – or petty theft – is a frequent offense in Cincinnati. Essentially, petty theft entails taking another person’s property against their will.

Complicity of Theft

Complicity in Ohio is a complicated and serious criminal charge. Generally, it entails being held legally accountable for a crime, by helping or assisting in carrying out the offense. The specific components of complicity penalties better explain this criminal charge.

Forgery

Forgery can be defined as knowingly and purposefully having the intent to deceive by signing another individual’s name on a check or other official document or creating or distributing false identification cards. Forgery penalties depend on the value of the property involved.

Passing Bad Checks

Passing a bad check in the State of Ohio is an illegal and criminal act. Even if you write a check for basic utilities, gas, or food, you can still face criminal charges for passing a bad check if certain conditions apply.

Fraud Charges

Fraud encompasses a wide range of criminal offenses. The general term of fraud can be defined as anyone who knowingly and intentionally misrepresents facts or details for personal gain.

Receiving Stolen Property (ORC 2913.51)

Ohio’s Receiving Stolen Property law makes it a crime to receive, retain, or dispose of someone else’s property when you knew or had reasonable cause to believe it was stolen. These cases often arise from secondhand purchases (pawn shops, online marketplaces), “holding” items for others, or reselling merchandise.

What the State Must Prove in a Theft Case

  • Ownership: The item belonged to someone else and was stolen.
  • Your control: You received, retained, or disposed of it.
  • Knowledge: You knew—or had reasonable cause to believe—the property was stolen.

Common Defenses to Theft Charges

  • No knowledge / reasonable cause: You bought it in good faith at fair value; seller appeared lawful; normal documentation was provided.
  • Provenance records: Receipts, messages, or screenshots showing a legitimate purchase.
  • Mistaken identity / mere presence: You never possessed or controlled the item.
  • Value disputes: Reducing the alleged value can lower the charge degree and penalty exposure.

The Penalties for Theft in Cincinnati, Ohio

The following can be used to determine penalties for theft offenses:

General Theft Penalties

  • You face a first-degree misdemeanor if the value of the property stolen is less than $1,000. This is also called petty theft. For example, the property’s value could be as little as $.99 or as much as $999.
  • Stolen Property Valued at $1,000 and $7,500 – a fifth-degree felony, entails at least six and up to 12 months in prison and up to $2,500 in fines.
  • Stolen Property Valued at Between $7,500 and $149,999 – a fourth-degree felony, entails at least six and up to 18 months in prison and fines up to $5,000. This is also called grand theft
  • .

  • Stolen Property Valued at Between $150,000 and $749,999 – a third-degree felony, entails at least one and up to five years in prison and up to $10,000 in fines. This is also considered aggravated theft.

Penalties for Stolen Firearms or Weapons from a Federally Licensed Firearms Dealer

You will face a first-degree felony if the stolen property is a firearm or dangerous weapon and from a federally licensed firearms dealer. This entails at least three and up to ten years in prison and up to $20,000 in fines. This is considered grand theft.

Stolen Vehicle Penalties

You will face a fourth-degree felony if the stolen property is a vehicle. This charge entails at least six and up to 18 months in prison and fines up to $5,000.

The Penalties for Stolen Drugs of Harmful Substances

You will face a fourth-degree felony if the stolen property is a harmful drug or substance. This charge entails at least six and up to 18 months in prison and fines up to $5,000.

You will face a third-degree felony if the stolen property is a drug or harmful substance and you have a prior felony drug abuse offense. This entails at least one to five years in prison and up to $10,000 in fines.

Aggravating Factors in Cincinnati Theft Cases

If you are facing a theft offense conviction, the resulting penalties depend on your case’s specific facts and circumstances. The actual charge you will face depends on the following factors:

  • The monetary value of the property stolen
  • If a deadly weapon was involved in the offense
  • If anyone was injured or killed as a result of the offense
  • If there was a threat of harm against another individual during the offense
  • If you have a criminal history

Consequences of an Ohio Theft Conviction

In addition to the criminal penalties associated with a theft or fraud conviction, there are many other ways a guilty verdict could negatively impact your life. Some of the collateral consequences could include:

  • Issues with immigration or citizenship applications
  • Difficulty maintaining child visitation or custody rights
  • Trouble finding or maintaining gainful employment
  • Difficulty securing affordable housing
  • A permanent criminal record
  • Reputation damage, both personally and professionally
  • Suspension or revocation of your professional licenses
  • Difficulty continuing your education

Your theft attorney can analyze the circumstances of your case to determine which defense strategy is most likely to produce a favorable outcome. When you face theft charges in Cincinnati, working with an attorney may be the best way to secure a plea agreement, enter a pretrial diversion program, or fight for your freedom at trial.

How to Defend Against Cincinnati Theft Charges

Being charged with theft in Ohio can be a daunting experience. Theft crimes can have a significant impact on your freedom, reputation, and future opportunities. Whether you’re facing accusations of petty theft or more serious charges like grand theft, working with an experienced theft defense attorney is crucial. A skilled lawyer can analyze the evidence, identify flaws in the prosecution’s case, and pursue a strategy to reduce or dismiss your charges entirely.

Every theft case is unique, and our Cincinnati theft attorneys will meticulously examine the details of your situation. We begin by reviewing all available evidence, including witness statements, video footage, and any police reports. From there, we craft a tailored defense strategy designed to secure the best possible outcome in your case.

Some common defenses we might use in your theft case:

  • You were misidentified – Theft cases often involve multiple parties, and mistaken identity is a common defense. We will work to show that you were not involved or that you were wrongly accused.
  • You had permission – If you had consent to take or use the property, then it cannot be classified as theft. Proving that the alleged victim granted you permission could result in dropped charges.
  • There was no intent to steal – Theft requires intent. If we can demonstrate that the alleged theft was accidental or that you believed you had a right to the property, your charges may be reduced or dismissed.
  • Insufficient evidence – The prosecution must prove beyond a reasonable doubt that you committed theft. If they cannot provide adequate evidence, we will challenge their case and seek dismissal.
  • Duress or coercion – If you were forced to commit theft under threat or harm, this could be a viable defense. We will present evidence to show that you acted under duress.
  • Your rights were violated – If law enforcement violated your rights during the investigation or arrest (such as conducting an illegal search), we may be able to have key evidence excluded, weakening the prosecution’s case.

At Luftman, Heck & Associates, we understand how serious theft charges are and the lasting consequences they can bring. Our goal is to protect your rights and reputation while building a strong defense to help you move forward with your life.

Diversion, Intervention in Lieu of Conviction (ILC), & Specialty Dockets

Many first-time or non-violent theft and fraud cases in Hamilton County can be resolved without a conviction through diversion programs, Intervention in Lieu of Conviction (ILC) for qualifying substance use/mental health cases, and other specialty dockets. These options can lead to dismissal upon successful completion.

Who May Qualify?

  • First-time or limited criminal history
  • Lower-value losses, non-violent facts, cooperative posture
  • Willingness and ability to make restitution and complete programming
  • Clinical tie for ILC (substance use disorder or mental health condition contributing to the offense)

Typical Terms & Requirements

  • Restitution, no-new-offense conditions, theft education or counseling
  • Community service, apology letters or no-contact orders where appropriate
  • Verification of employment/school; periodic check-ins
  • ILC only: treatment plan compliance and court monitoring

Frequently Asked Theft & Fraud Questions

Theft and fraud charges have serious consequences. Here are some common concerns people have about the process and what to expect.

What Should I Do If I’m Accused of Theft in Cincinnati?

If accused of theft, remain calm and avoid making any statements to law enforcement without an attorney present. Contacting a defense attorney as soon as possible is essential to protect your rights and prepare your defense.

What’s the Difference Between Theft and Fraud?

Theft involves taking someone else’s property without their permission, while fraud involves deception or misrepresentation to obtain something of value. Both crimes can carry serious penalties depending on the circumstances.

Can Theft Be Expunged from My Record?

In Ohio, certain theft convictions may be eligible for expungement after a waiting period, especially for non-violent, lower-level offenses. However, more serious theft and fraud charges are harder to expunge. An attorney can advise you on your eligibility.

What’s Considered Fraud Under Ohio Law?

Fraud in Ohio can involve various forms of deception, including identity theft, credit card fraud, insurance fraud, and forgery. These offenses can result in severe penalties, including felony charges, prison time, and restitution payments to victims.

Can I Be Charged with Theft for Shoplifting?

Yes, shoplifting is considered a form of theft in Ohio. Depending on the value of the items stolen, it could be charged as a misdemeanor or a felony. Even minor shoplifting offenses can lead to fines, jail time, and a permanent criminal record.

What Should I Do If I’m Facing Fraud Charges?

If facing fraud charges, it’s important to speak with a defense attorney as soon as possible. Fraud cases often involve complex financial evidence, and having legal representation early on can make a significant difference in the outcome.

How Can a Lawyer Help with Theft Charges?

A lawyer can help by reviewing the evidence, challenging the prosecution’s case, and negotiating for reduced charges or a dismissal. They can also represent you in court, ensuring your rights are protected and helping you achieve the best possible outcome.

Will Paying Restitution Make the Charges Go Away?

Not automatically. Restitution can be a powerful mitigation tool that helps us negotiate diversion, reductions, or favorable sentencing—but prosecutors decide whether to dismiss or amend. We coordinate verified payment plans and proof to maximize leverage while protecting your rights.

Can I Be Charged If I Forgot to Scan an Item at Self-Checkout?

It depends on whether the State can prove intent to steal. Video, prior incidents, statements to loss prevention, and POS data matter. We frequently resolve self-checkout cases by showing error or lack of intent and pursuing diversion where eligible.

What Should I Do About a Store’s Civil Demand Letter?

Don’t pay or sign admissions without legal advice. Civil demands are separate from the criminal case and can affect your defense. We often negotiate these claims—or contest them—while working to resolve the criminal matter favorably.

Do First-Time Shoplifting Offenders Go to Jail?

Often no. First-time, low-value cases can be steered toward diversion, theft education classes, and restitution—resulting in dismissal or reduced charges when handled correctly and early.

Can a Theft Case Be Dropped If the Victim Doesn’t Want to Press Charges?

Maybe, but the State controls prosecution, not the victim. Lack of cooperation helps, yet we still build legal defenses (intent, ID, value, rights violations) and pursue negotiated outcomes.

If the Property Was Returned, Will My Case Be Dismissed?

Returning property or paying restitution is helpful mitigation, but it doesn’t erase the charge by itself. We use it to seek diversion, reductions, or dismissals where appropriate.

How Do Value Disputes Affect My Case?

Degree and penalties track the alleged value. We scrutinize receipts, MSRP vs. sale price, bundled items, and damaged/used goods to push values below felony or into lower felony bands.

Will a Theft or Fraud Conviction Affect My Professional License?

Potentially. Many boards (healthcare, finance, education, CDL) treat theft/fraud as integrity issues. We craft mitigation packages and coordinate board disclosures to protect your career.

How Long Will a Theft Case Take in Cincinnati?

Simple misdemeanors may resolve in 1–3 months. Felonies or cases with extensive discovery or motion practice can take longer. Early engagement lets us preserve evidence and pursue diversion sooner.

Can I Get Record Sealing After a Theft Case?

Often, yes. If your case is dismissed or you receive an eligible conviction, you may qualify to seal or expunge your record after the waiting period. We structure resolutions to preserve eligibility.

Should I Talk to Loss Prevention or the Police and Explain My Side?

No. Even informal statements can be used against you. Politely decline and ask for a lawyer. We handle communications, preserve defenses, and prevent harmful admissions.

What Evidence Matters Most in Theft & Fraud Cases?

Surveillance video, EAS/LP reports, POS logs, bank and phone records, messages, and chain of custody. We send preservation letters quickly and challenge reliability, identification, and intent.


Contact a Theft Defense Attorney in Cincinnati Today

Criminal charges can be an overwhelming and frightening experience. You probably worry about your freedoms and privileges being at stake and have many questions.

You can rest assured because the Cincinnati criminal defense team at Luftman, Heck & Associates is here for you. Get the justice that you deserve. Don’t hesitate to contact us today at (513) 338-1890 or fill out our secured contact form.

Our Record in Theft & Fraud Cases

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