What Is the Difference Between Robbery and Theft in Ohio?

Although some people may refer to theft and robbery interchangeably, these theft crimes differ in the elements of each offense.

Understanding Theft Under Ohio Law

Ohio law defines the crime of theft as knowingly obtaining or exerting control over someone else’s property or services with the intent to deprive them. Under the theft statute, a person may commit theft by obtaining or exerting control over property or services:

• Without the consent of the owner or another party authorized to give consent
• Beyond the scope of express or implied consent of the owner or party authorized to give consent
• By deception
• By threat
• By intimidation

Penalties for theft offenses in Ohio depend on the value of the property or services involved. Sentencing ranges include:

• Less Than $1,000 – Up to six months in jail and a fine of up to $1,000
• $1,000 or More but Less Than $7,500 – Six to 12 months of incarceration and a fine of up to $2,500
• $7,500 or More but Less Than $150,000 – Six to 18 months of incarceration and a fine of up to $5,000
• $150,000 or More but Less Than $750,000 – Nine to 36 months of incarceration and a fine of up to $10,000
• $750,000 or More but Less Than $1.5 Million – Two to eight years in prison and a fine of up to $15,000
• $1.5 Million or More – Three to 11 years in prison and a fine of up to $20,000

Understanding Robbery Under Ohio Law

Ohio’s robbery statute defines the crime as attempting or committing a theft offense or fleeing immediately after an attempted or committed theft while:

• Having a deadly weapon on or about one’s person or under one’s control
• Inflicting, attempting to inflict, or threatening physical harm upon another person
• Using or threatening the immediate use of force

Committing a robbery while engaging in one of the first two activities constitutes a second-degree felony. Using or threatening immediate force while attempting, committing, or fleeing from a theft constitutes a third-degree felony.

Key Differences Between Theft and Robbery

The primary differences between theft and robbery under Ohio law include using a deadly weapon, force, or physical injury to attempt or accomplish the theft. A person can commit theft simply by taking property or services from the owner without consent.

However, a robbery occurs when a person takes property or services from the rightful owner while having a deadly weapon under their control, inflicting or attempting to inflict injury upon another person, or threatening or using force to secure the property or services. Because robbery involves injury or the threat of injury to a victim, Ohio law typically imposes more severe penalties for a robbery conviction than for many corresponding theft offenses.

Contact a Ohio Criminal Defense Attorney Today

If you face charges of robbery or theft in Ohio, an experienced attorney can work to protect your freedom and future from the consequences of a potential conviction.

Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation to discuss how our criminal defense attorneys will advocate for your rights and interests in the face of theft crime charges.