Theft Lawyer Los Angeles. Accusations. Arrests. Criminal charges. If you're facing theft allegations, the system can move against you extremely fast. It can seem like there's no way out.
Even when it feels like there is no hope, you have a path forward: The Law Offices of David S. Chesley. Our attorneys have extensive experience defending clients against all manner of theft crime charges. With a Los Angeles theft lawyer from our team on your side, you're going to get honest advice on how to get the best outcome possible.
Speak with an attorney today at (800) 755-5174 or send us a note online for a free, confidential consultation. Waiting too long to reach out can cost you everything.
Why You Need a Leading Los Angeles Theft Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to navigate a complex legal code and increase your risk of the following penalties:
- Prison Sentence: Most theft charges in Los Angeles carry a potential jail sentence of six months or more.
- Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Los Angeles theft crimes lawyer. You need the Law Offices of David S. Chesley. Here's some of what sets us apart:
What Sets the Law Offices of David S. Chesley Apart
Not every criminal defense firm is created equal. Here's what you get when you call us — and why it matters for your theft case:
- Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We use that inside knowledge to dismantle the prosecution's strategy.
- Deep Court Relationships — Decades of practice in Los Angeles courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Trial-Ready From Day One — We prepare every case as if it's going to trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
- Expungement Services — Our representation doesn't end at the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – well-respected amongst both clients and peers.
- Available 24/7 — Arrests happen at all hours. So do we. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Completely Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.
Every Theft Charge We Defend in Los Angeles
Click any charge below to jump directly to a full explanation, penalties, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Major Los Angeles Theft Crimes We Defend Against
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you need a theft crimes lawyer in Los Angeles, don't wait: Reach out now for a free, confidential consultation.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: Petty theft and grand theft. Both consist of taking another person's property without permission. The main difference is how much value was allegedly stolen: If it was $950 or less, the charges will generally be petty theft, while any more will normally be grand theft.
Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). However, defending grand theft charges is usually more challenging because it is more frequently charged as a felony. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Here's a breakdown of what distinguishes petty and grand theft:
| Alleged Crime | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Today, most shoplifting charges are misdemeanors. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is increasingly prosecuted aggressively by Los Angeles prosecutors following recent state legislation.
Potential Penalties:
- Misdemeanor Jail: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defense options include: Lack of intent to steal, mistake of fact, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. This is one of the most common mechanisms used in Los Angeles to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To charge PC § 666, the prosecution must establish: (1) the defendant committed petty theft; and (2) the defendant has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach but did not eliminate it. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend
There are several vehicle theft charges we defend in Los Angeles. The first one that probably comes to mind is grand theft auto, but that's technically not its own charge. Grand theft auto is defined in a subsection of California's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. If they did, they're more likely to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in Los Angeles, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
One final vehicle theft related charge that some people underestimate is possession of a stolen vehicle. Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or holding onto the vehicle is enough for a conviction.
When you work with us, you'll get a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Call now to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Grand theft auto is not a standalone California crime — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. This means even stealing a beater worth $200 can result in a grand theft auto charge.
The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).
Potential Penalties:
- Charge Type: Wobbler (usually felony in LA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 — sometimes called "joyriding" broadly — is often charged alongside or instead of grand theft auto. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. Simply taking or driving someone's vehicle without permission is enough.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
Joyriding — California Vehicle Code § 10851
Joyriding refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
In Los Angeles, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because of the violent element, carjacking is always a felony and is not eligible for probation in many circumstances.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you are in possession of a vehicle that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. The prosecution must prove you had knowledge the vehicle was stolen — and that's often where we can challenge the case.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Defend
White collar crimes in Los Angeles vary widely in context and action, but have one thing in common: abuse of an organization for personal gain.
Several white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes involve financial exchanges, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Money Laundering, Bribery & More
White collar crimes carry severe consequences even without physical violence — prison sentences, massive fines, professional license revocation, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a position for personal gain. Los Angeles, as a major financial and entertainment center, sees some of California's most complex white collar prosecutions.
White collar cases are often investigated for months or even years before charges are filed. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Common contexts: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a non-profit director misusing donated funds.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It typically involves three stages: placement (introducing dirty money into the financial system), layering (disguising the trail through complex transactions), and integration (making the funds appear legitimate).
California's money laundering statute specifically targets transactions over $5,000 conducted with knowledge that the money was obtained through criminal activity. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.
Potential Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery.
Important: Both the person offering the bribe and the person accepting it can be charged. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Forgery involves creating, altering, or using a false document with intent to defraud. California's forgery statute is broad and covers checks, money orders, contracts, deeds, wills, court orders, prescriptions, identification documents, and many other types of written instruments.
Critical point: You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the act of creating or using the false document, is sufficient for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
Identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, goods, services, or medical information.
Crucially: No financial loss to the victim has to occur for a conviction. Simply obtaining and using someone's information without authorization is enough to trigger criminal charges under California law.
Identity theft is aggressively prosecuted in Los Angeles and increasingly results in federal charges when conducted online, across state lines, or at scale.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend
Fraud is one of the most common white collar crimes in Los Angeles, and it has several subcategories. Broadly speaking, a person who commits theft by lying about something to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is a specific variation where a person allegedly lies to an insurance company to collect more money than they are supposed to. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout commits insurance fraud.
This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another popular variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Fraud, False Pretenses & Financial Deception
Fraud charges cover a vast range of conduct — from simple misrepresentations to elaborate financial schemes. These cases are often document-heavy and require attorneys who understand both the law and financial evidence.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when a person intentionally deceives another through false statements or misrepresentations, causing them to voluntarily transfer money or property. The key element is that the victim willingly hands over the property as a result of being deceived.
Common examples: Selling a product that doesn't exist; misrepresenting credentials to get paid for work; creating fake invoices; lying about the condition of goods sold.
The charge level (misdemeanor vs. felony) depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.
Insurance Fraud — California Penal Code § 550
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. California takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases.
Common forms include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.
Potential Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. This includes using someone else's card without permission, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or fraudulently acquiring or selling card account information.
Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when cards are used across state lines or online. Federal penalties are significantly more severe, and our team has experience handling both state and federal fraud cases.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Failing to report income; misrepresenting household composition; using another person's EBT card; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received.
Potential Penalties:
- Under $950 (usually): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Loss of future benefit eligibility
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To qualify for Medicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. Los Angeles and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.
Warning: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware an investigation is underway until a search warrant is executed.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Los Angeles.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Important: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Both the person paying and the person receiving a kickback can face prosecution.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically targets false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Health care fraud cases in Los Angeles are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Physicians, billing companies, office managers, and clerical staff have all faced prosecution depending on their level of involvement.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud is a subcategory of Medicare and Medicaid fraud that specifically targets the fraudulent billing for in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, a patient must be homebound and require skilled care. Home health fraud exploits this framework in a variety of ways.
Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Los Angeles. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Warning: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — and a Stark Law violation does not require proof of intent.
Potential Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Defend
There is often a crossover between theft and violent crime charges in Los Angeles. One common example is robbery. A person commits robbery when they take something directly from another person by force. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking can be compared to grand theft auto in the same way.
That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion is a unique form of theft. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but is threatening to harm the alleged victim in some form or fashion. For example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. Immediate legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. Robbery is always a felony and always a strike offense.
California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.
Potential Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to release private photos unless money is provided; threatening to harm someone's reputation unless granted a professional favor.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend
Burglary is often charged along with theft in Los Angeles. California defines burglary as entering a location without permission in order to steal something or commit another crime. This is commonly a building, like a storefront (which would make it commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. But as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to burglarize someone's home. It's common to face burglary and vandalism charges together in Los Angeles, heightening your need for an expert theft crimes lawyer to defend you.
Lastly, you can face theft charges in Los Angeles even if you didn't steal anything yourself. How does this happen? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
California burglary law is broader than most people realize — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. You do not have to actually steal anything. The intent at the moment of entry is what matters.
Residential burglary is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and courts treat it extremely harshly because it involves violation of someone's home.
Potential Penalties:
- Prison: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not eligible for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. Unlike residential burglary, vehicle burglary is a wobbler.
Key distinction: The vehicle must be locked for a burglary charge to apply. An unlocked vehicle can still lead to theft charges, but the burglary enhancement requires that the vehicle was secured in some way.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. This is treated as one of the gravest offenses in the California penal code and prosecutors pursue maximum penalties.
Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — all carrying their own prison terms, often served consecutively. If you are facing home invasion charges, you need the most experienced criminal defense team available, and you need them immediately.
Potential Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.
The prosecution must prove you knew — or had reason to know — the property was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without receipts, or from unknown sellers does not automatically mean you had knowledge of theft.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Los Angeles.
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing involves entering or remaining on another person's property without permission. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
Standing alone, trespassing is most often charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without an attorney present.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. This means stealing even a low-value firearm results in a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
Federal firearms theft charges may also apply. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
This offense is aggressively prosecuted in Los Angeles, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.
Common scenarios: Caregiver taking money from a client's account; family member exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; fraudulent investment schemes targeting retirees.
Potential Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
In Los Angeles — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. An attempt requires: (1) the specific intent to commit the crime, and (2) a direct, unequivocal act toward committing it — even if the attempt failed or was interrupted.
The general rule is that attempted crimes are punished at half the sentence of the completed offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
Attempted burglary and attempted robbery are still strike offenses in California. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
Regardless of what charge you're facing, when you call us, you can speak with an expert theft crimes lawyer in Los Angeles who will help you break down and navigate the charges. Together, we will fight for the best outcomes possible in your case.
What to Do if You're Accused of Theft
Being charged with theft can be intimidating. You're up against the Los Angeles prosecutor's office, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. When you're alone, it can seem impossible.
But you're not alone. You have the Law Offices of David S. Chesley on your side. A Los Angeles theft crimes lawyer from our team will guide you on how to navigate your case. Here are the steps we recommend taking:
1. Do Not Resist Arrest
While it's reasonable to feel angry about being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Fighting back can only get you into more trouble.
2. Stay Calm and Don't Talk
There's a chance you'll be interviewed or interrogated – don't talk. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be accused of perjury.
3. Call a Los Angeles Theft Crimes Defense Attorney ASAP
In California, after you are processed for arrest, you get three phone calls. One of these should be to your theft crimes lawyer. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
Your lawyer can help argue for your release at a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Work With Your Lawyer to Build Your Defense
Finally, you work with your attorney to craft a strong defense. An expert theft crimes lawyer in Los Angeles will listen to your story, negotiate with the prosecution, and fight for a dismissal wherever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy must be tailored to the specific facts, evidence, and charges. Here are the major defense approaches our attorneys use to fight theft charges in Los Angeles.
Lack of Intent / Claim of Right Defense in Theft Cases
One of the most powerful defenses in any theft case is the absence of criminal intent. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Additional intent-based defenses include: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. It is often the strongest available defense, particularly in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Defense Application:
- Grand Theft: Negates specific intent to permanently deprive
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If those searches violated constitutional requirements, the evidence can be suppressed and the prosecution may be unable to proceed.
Common suppression issues in theft and property crime cases include: warrantless searches of vehicles, homes, or persons without valid legal justification; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the scope of a valid warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can substantially change the outcome. Suppression motions are fully litigated in Los Angeles courts and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can stem from personal disputes, misidentification by witnesses, mistaken assumptions about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. Being wrongly accused does not mean the charges will not proceed — aggressive and immediate defense is essential from the moment of accusation.
Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — particularly across racial lines, under poor lighting conditions, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part of the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between witness statements made at different points in time.
If you are falsely accused: Do not confront witnesses, attempt to gather evidence independently, or attempt to explain your innocence to police without an attorney present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Contact defense counsel immediately and say nothing.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the prosecution must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.
Consent / Permission — Theft requires that property be taken without the owner's consent. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.
Constitutional Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Diversion Programs — For many first-time offenders, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. We identify every diversion opportunity available in your specific case.
Challenging the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully completed all terms of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
Expungement under § 1203.4 carries meaningful practical benefits: an expunged conviction generally does not need to be disclosed on private employment applications under state law. However, expungement does not seal a criminal record from all access — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is full sealing, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Frequently Asked Questions About Theft Charges in Los Angeles
What's the difference between petty theft and grand theft in California?
The primary distinction is the value of the property allegedly taken. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Both require an attorney, but grand theft charges demand urgent and aggressive representation.
Can a theft charge be expunged from my record in California?
In many cases, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. Our firm offers full expungement services.
What happens if I'm charged with shoplifting for the first time?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. An attorney can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you genuinely didn't know and had no reasonable basis to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. However, circumstances like an unusually low price or no documentation of ownership can be used against you, which is why an attorney is essential.
How serious is a grand theft auto charge in Los Angeles?
Very serious. In Los Angeles, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have any prior convictions, you may also face enhanced sentencing. Call us immediately if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. Many theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.
Will I go to jail for a theft charge?
Not necessarily. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. Even felony charges often have options short of state prison. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call us to understand what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you actually took anything is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and challenging how it's proven — is central to burglary defense.
Facing a Theft Charge in Los Angeles? Call Now.
There is no such thing as a minor theft accusation. Our attorneys are ready to defend you — 24 hours a day, 7 days a week. Your first consultation is completely free and confidential.
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