Using deception to rent something, like a vehicle or a hotel room, or renting something and knowing you can’t pay for it, can be prosecuted in Cleveland under O.R.C. 2913.41, Defrauding a Rental Agency or Hostelry. Similarly, absconding without paying for the rental, or failing to return the rental as agreed, can bring on these charges. You’ll be prosecuted as with other theft crimes, with a base charge of a first degree misdemeanor and a possible six month jail sentence.
- When the value of the property acquired through fraud is between $1,000 and $7,500, you’ll face a fifth degree felony charge and a 6-12 month sentence if convicted.
- If the value is between $7,500 and $150,000, you’ll be charged with a fourth degree felony and face 6-18 months in prison.
- When the value is between $150,000 and $750,000 then the theft is a third degree felony with a sentence of up to five years.
- For amounts over $750,000 but less than $1,500,000, the charge is a second degree felony, with up to eight years if convicted.
- For amounts over $1,500,000, you’ll face a first degree felony charge and can be imprisoned for up to 11 years if convicted.
Intent to Commit Theft of Rented Property (O.R.C. 2913.72)
In prosecuting theft cases, there are certain standards of evidence that Cleveland prosecutors are required to meet. Under O.R.C. 2913.72, evidence of an intent to commit theft of rented property, certain acts are laid out in the statute as de facto evidence of intent. Under this law, prosecutors are not required to show that a defendant intended to steal rented property, only that they engaged in conduct that is, in itself, evidence of that intent.
If you rent property using false identification or fail to return rented property when it is demanded, you can be charged with theft, and O.R.C. 2913.72 can be used to show that your actions are sufficient to prove intent. This may or may not be the case, and only an experienced defense attorney can make sure that your rights and freedom and are protected when facing theft charges.
To Get Experienced Legal Help, Give Us a Call Today!
Fraud and theft crimes are extremely serious in Ohio, and Cleveland prosecutors do everything they can to punish offenders to the maximum amount. The attorneys at Patituce & Associates know how your case will be prosecuted, because we’ve been prosecutors. If you or a family need assistance with defrauding a rental agency or hostelry charges, call us today for a free consultation with an experienced Cleveland criminal defense attorney today.