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Property Crimes

Often an individual who has been charged with a property crime in Dayton does not realize they were committing a serious criminal offense. Even seemingly minor crimes, such as vandalism, criminal mischief and graffiti can result in harsh fines and/or jail or prison time.

Additionally, an individual that has been convicted of any misdemeanor or felony property offense can potentially face:

  • A criminal record,
  • Jail or prison sentence,
  • Fines,
  • An inability to own or possess a firearm, if a felony offense,
  • An inability to apply for certain jobs or occupations, and/or
  • An inability to be accepted into certain educational programs.

Criminal charges for a property offense do not necessarily have to result in conviction. The prosecutor must first prove you committed every element of the offense beyond a reasonable doubt, which can be a very difficult burden to establish. If any element of the offense is not proven by this standard, the charges against you may be reduced or even dismissed. Therefore, it is essential to contact an experienced criminal defense attorney in Dayton who can you identify the best legal strategy for your particular case.

Dayton Property Crimes Lawyer

Contact the Joslyn Law Firm for a consultation today about your alleged property crime throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is experienced in defending individuals accused of property crimes in Ohio and will make every to fight the allegations against you. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a property crime throughout Dayton, Ohio.


Dayton Property Crimes Information Center


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Property Offenses in Dayton

Arson – According to section 2903.03 of the Ohio revised Code, an individual can be charged with this offense if, through the use of fire or an explosion, they knowingly create a substantial risk of physical harm or cause physical harm to:

  • Another person's property with the intent to commit a fraud;
  • Another person's property without their consent;
  • Any building or structure owned or controlled by the state, political subdivision, agency or department that is used for a public purpose; or
  • Any park, preserve, woods, land or other real property that is owned by any person or the state.

This offense is punishable as a misdemeanor of the first degree, felony of the fifth degree, felony of the fourth degree or felony of the third degree.

Vandalism – According to section 2909.05 of the Ohio Revised Code, an individual can be charged with this offense if they knowingly cause:

  • Serious physical harm to property owned by a governmental entity;
  • Physical harm to property that is owned or in the possession of another person that is used for business purposes and the damage is valued at $1,000 or more, or the property is necessary for the individual to engage in their business, occupation or profession; or
  • Physical harm to an occupied structure or its contents.

This offense is generally punishable as a felony of the fifth degree, felony of the fourth degree or felony of the third degree.

Criminal Mischief – According to section § 2909.07 of the Ohio Revised Code, an individual can be charged with this offense if they:

  • Impair a computer's function by any means without privilege to do so;
  • Interfere with another person's use or enjoyment of their property; or
  • Knowingly damage, move, destroy or deface the property of another person.

This offense is generally punishable as a misdemeanor of the third degree, misdemeanor of the first degree, felony of the fifth degree, or felony of the fourth degree.

Criminal Trespassing – According to section 2911.21 of the Ohio Revised Code, an individual can be charged with this offense if they:

  • Knowingly enter or remain on another person's land or premises when in violation of a restriction to be on the land;
  • Knowingly enter or remain on another person's land or premises;
  • Negligently fail or refuse to leave another person's land after receiving notice to leave when they are unlawfully on the land;
  • Recklessly enter or remain on another person's land or premises when notice was posted against unauthorized access.

This offense is generally punishable as a misdemeanor of the fourth degree.

Burglary – According to section 2911.12 of the Ohio Revised Code, an individual can be charged with this offense if, through force, deception or stealth, they:

  • Trespass in a permanent or temporary residence when any person is present or likely to be present;
  • Trespass in an occupied structure that is a permanent or temporary residence with the intent to commit a criminal offense; or
  • Trespass in an occupied structure with the intent to commit a criminal offense.

This offense is generally punishable as a felony of the fourth degree, felon of the third degree, felony of the second degree, or felony of the first degree.

Robbery – According to section 2911.02 of the Ohio Revised Code, an individual can be charged with this offense if, after fleeing from, committing or attempting to commit a theft, they:

  • Have a deadly weapon on their body or in their control;
  • Inflict, threaten or attempt to inflict physical harm to another person; or
  • Use or threaten to use the immediate force against another person.

This offense is generally punishable as a felony of the third degree, felony of the second degree or felony of the first degree.

Breaking and Entering – According to section 2911.13, an individual can be charged with this offense if they trespass on another person's land or premises with the purpose of committing a felony, or trespass into an unoccupied structure with the purpose of committing a theft or felony offense inside. This offense is generally punishable as a felony of the fifth degree.


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Property Crime Penalties in Dayton

As defined in the Ohio Revised Code, the penalties and punishments for property offenses are listed below.

  • An individual convicted of a misdemeanor of the first degree property offense can face a jail sentence up to 180 days and/or a fine up to $1,000.
  • An individual convicted of a felony of the fifth degree property offense can face a prison sentence ranging from six to 12 months and/or a fine up to $2,500.
  • An individual convicted of a felony of the fourth degree property offense can face a prison sentence ranging from six to 18 months and/or a fine up to $5,000.
  • An individual convicted of a felony of the third degree property offense can face a prison sentence ranging from one to five years and/or a fine up to $10,000.
  • An individual convicted of a felony of the second degree property offense can face a prison sentence ranging from two to eight years and/or a fine up to $15,000.
  • An individual convicted of a felony of the first degree property offense can face a prison sentence ranging from three to 10 years and/or a fine up to $20,000.

Although these are the basic statutory punishments for property crimes, an individual can receive increased penalties depending on a variety of factors, including the type of offense the offender allegedly committed, whether a weapon was used during the commission of the offense, and/or whether the alleged offender has any previous criminal conviction or criminal history.


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Dayton Property Crime Defenses

If you have been charged with a property crime in Dayton, certain defenses may be available to the allegations against you. However, these defenses do not apply in every situation, so it is very important to consult with a criminal defense attorney to discuss the particular facts of your case to determine whether any defenses are applicable to your situation. Some of the most common property crimes in Dayton can include:

  • Justification – Justification is commonly defined as an act that would typically be considered a criminal offense, but is not in your particular situation because the conduct was necessary in an emergency situation to prevent public or private injury, or the act was authorized or required by law.
  • Duress – Duress is a defense that can be used when an individual committed a criminal act or engaged in criminal conduct because they were threatened with immediate violence by another person, and another person in the same or similar situation would have acted the same way.
  • Renunciation – This defense may apply in your situation if you withdrew from participation in the criminal act before the crime began, and they must have also taken considerable steps to prevent the crime.

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Dayton Property Crime Resources

Ohio Robbery and Burglary Statutes – Chapter 2911 of the Ohio Revised Code lists many robbery and burglary crimes in Ohio, such as robbery, breaking and entering, burglary and criminal trespass, in addition to the penalties for these offenses.

Ohio Property Crime Statutes – Chapter 2909 of the Ohio Revised Code lists many property crimes in Ohio, such as vandalism, arson and criminal mischief, in addition to the penalties for these offenses.

Ohio Attorney General – The Ohio Attorney General's website provides information on many property offenses, resources to perform background checks, legal opinions from the state, and victim's compensation information for anyone who is a victim of violent property crime in Ohio.

Office of Justice Programs – Bureau of Justice Statistics (BJS) – The National Crime Victimization Survey (NCVS), which is conducted by the BJS, provides information on many property crimes throughout the nations, including burglary of a vehicle and burglary.


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Joslyn Law Firm | Dayton Property Crime Defense Attorney

If you have been accused of a property crime throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is a knowledgeable criminal lawyer in Dayton who will make every effort to help you achieve the most desirable outcome for your particular situation. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged property crime in Dayton.

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