Toledo Theft Crime Defense Attorney

Toledo Theft Crime Defense Lawyer, Seneca Weirich Harden provides Professional Theft Crime Defense and other Criminal Defense Attorney Legal Services for those in Toledo, Sylvania, Oregon, Maumee, Lucas County and throughout Northwest Ohio Area.



Contact Toledo Theft Defense Lawyer, Seneca Weirich Harden regarding your Theft Crime Defense or other Criminal Defense Attorney needs by calling 419.509.7537.

About Theft Crime Charges: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property, and/or to appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. Theft generally falls into to categories:

  • Petty Theft: Theft that involves property valued less than $300.00. Statutory provisions allow for the petit theft offence to be charged as either a misdemeanor of the second degree or a misdemeanor of the first degree, depending on the specifics of the petit theft crime.
  • Grand Theft: Theft that involves property valued at $300.00 or more. There are various forms of felony theft that depending on the specifics of the crime, the accused may be charged with a felony of the third degree, felony of the second degree, or felony of the first degree. It is important to note that the value of the property is to be determined by the what the property is valued at in the condition that the property was in at the time of the alleged theft, not the retail price the property was originally purchased at. This is important because it may play a role in if the accused should have been charged with felony theft of the third degree or as a misdemeanor theft charge, or that a lesser degree of felony should be warranted.

Burden of Proof in Theft Crime Defense Cases: First and foremost, it must be established that an act of theft actually occurred. In theft cases the prosecution must prove various aspects of their case against the accused. Some of these aspects may include:

  • Substantiating the accused is the person that took or participated in the taking the property without authorization from the alleged victim.
  • Substantiating the accused had knowledge that the property was illegally obtained either prior to or after the fact.
  • Substantiating the accused after being made aware that the property was illegally obtained, chose to sell the property, or chose to keep or use the illegally obtained property for him or herself.

Essentially, the prosecution must show the accused was either physically involved in the theft, helped plan the theft, or had knowledge of the theft before or after the fact while in possession of the property or before the property was resold or given to another.

Defense of Theft Crime Charges: In some cases, the fact that an act of theft even occurred. For example, it is not out of the realm for a business owner or individual that owns the property to allege property was stolen in an insurance scheme. Sometimes the person that took the property, had possession of the property or sold the property had rights to the property.

If the accused did not have rights to the property in question, then other aspects of the crime must be put into question, such as if the accused was involved in the act of taking the property, if the accused was involved in the planning of the taking of the property, or had any prior or after the fact knowledge that the property was illegally obtained.

As with any criminal case, the actions of law enforcement must be examined to determine if any civil rights violations occurred, or if the investigation was compromised in any way.



If you require professional legal services regarding Theft Crime Defense or other Criminal Defense legal issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Toledo Theft Crime Defense attorney - lawyer. Contact the Law Offices of Seneca Weirich Harden, LLC by calling 419.509.7537.

Law Offices of
Seneca Weirich Harden, LLC

4303 Talmadge Rd.,
Suite 201,
Toledo, Ohio 43623

Phone: 419.509.7537
Fax: 419.473.1929



Areas of Practice



Office Hours

Monday - Friday:
9:00AM - 5:00PM

Saturday:
By Appointment Only

Sunday:
Office Closed