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Theft Lawyer Bakersfield, CA. Being arrested for theft is just the beginning . It's easy to feel lost when you're up against theft charges. It might look like all hope is lost.

Even when everything else seems to be going wrong, you have a path forward: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a Bakersfield, CA, theft crimes lawyer from our team at your side, you'll have someone by your side from day one until you get justice.

Talk to a theft crimes attorney now at (800) 755-5174 or send us a note online for a free, confidential consultation. Delays can cost you your freedom, and we're ready to fight for you today.

The Importance of a Theft Lawyer in Bakersfield, CA

Theft charges need to be treated seriously, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to navigate a convoluted legal system and potentially set yourself up for the below consequences:

1. Prison Sentence: Most theft charges in Bakersfield, CA, carry a potential jail sentence of six months or more.
2. Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
3. Career Setbacks: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
4. Damaged Character: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
5. And more.

To maximize your chances of replacing these consequences with freedom, you'll need a Bakersfield, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:

What Sets the Law Offices of David S. Chesley Apart

Picking the right Bakersfield, CA theft crimes defense lawyer can make all the difference for your case. Here's what set us apart — and why it matters for your theft case:

• Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
• Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Bakersfield, CA prosecutors and judges, which we will use when securing plea deals.
• 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.
• Record Expungement Services — Even after the fact, we're still here to help. Don't let an arrest or criminal record hold you back — speak with one of our Bakersfield, CA, criminal defense attorneys to discuss expungement options.
• Terrific Reputation – We are well-known for our tenacious representation.
• Available 24/7 — We know that arrests don't happen on a schedule. If you need help or an update, you can get a hold of us, whenever it is.
• Entirely Private — 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.

Theft Charges We Defend in Bakersfield, CA

Click any charge below to jump directly to a full breakdown of the law, 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

Theft Cases We Fight in Bakersfield, CA

With over 50 years of combined legal experience, we have what it takes to protect your rights. If you're looking for a theft crimes lawyer in Bakersfield, CA, don't wait: Reach out right away for a free consult to go over your charges.

We cover all of the following types of charges and more:

Petty Theft Charges vs Grand Theft Charges

While there are many different theft case types in Bakersfield, CA, odds are high you're facing one of these two: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items when you weren't allowed to. The main difference is the amount that was supposedly taken: For anything $950 or less, the charges will ordinarily be petty theft, while higher values 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 pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

Below, we've written a table to summarize the differences between petty theft and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.

While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Since Proposition 47, the majority of shoplifting cases are misdemeanors. That said, you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Regardless of what level of charge you're facing, a local Bakersfield, CA theft crimes lawyer can help protect you from the worst consequences.

Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in Bakersfield, CA.

Shoplifting Possible Penalties:

• Jail Sentence: Up to 6 months
• Fines: Up to $1,000
• Civil Demand: Retailers may send civil demand letters
• Other: Probation, banned from store

Defensive strategies consist of: Lack of intent to steal, innocence, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Not every prior offense in Bakersfield, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.

If you're facing petty theft with a prior allegations, the Bakersfield, CA, district attorney must establish: (1) the defendant engaged in petty theft; and (2) the suspect has previously been found guilty for certain crimes, mostly theft related — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.

Possible Penalties:

• Charge Type: Wobbler
• Misdemeanor Jail: Up to 1 year in county jail
• Felony Prison: 16 months, 2 years, or 3 years
• Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Fight in Bakersfield, CA

There are several vehicle theft charges we defend in Bakersfield, CA. One of the ones people commonly think of is grand theft auto, but that's actually not its own charge. Grand theft auto comes from a section of the state'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 the defendant did intend to return it, they're probably going to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, it's almost always better to be charged with joyriding in Bakersfield, CA, since the prosecution is more likely to assign that as a misdemeanor.

You can even face criminal charges without having committed an act of theft; How so? Through "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. Just owning or having the car or truck can get you arrested for possession of a stolen vehicle.

When you work with us, you'll work with a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Contact us now to start defending your rights.

Grand Theft Auto — California Penal Code § 487(d)(1)

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.

Grand theft auto and joyriding have a close relationship in Bakersfield, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.

Possible Penalties:

• Charge Type: Wobbler (usually felony in Bakersfield, CA)
• 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 is one of the main vehicle theft laws in California. It covers situations where the alleged offender both did and didn't intend to return the vehicle. If you deprive someone of their vehicle with any intentions, this law applies.

Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.

Joyriding — California Vehicle Code § 10851

Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Bakersfield, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.

In most circumstances, Bakersfield, CA, joyriding cases are handled as misdemeanors. That said, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.

Carjacking — California Penal Code § 215

If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.

The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.

Possible 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

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have a car when you knew or should have know it was stolen, PC § 496d still applies, regardless of your involvement in its theft.

We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.

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 Fight in Bakersfield, CA

White collar crimes in Bakersfield, CA, can be any one of a variety of charges, but each of them have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.

Many white collar crimes center around taking or hiding money in some way. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.

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 is the taking of someone's personal information. You can face either of these charges without having taken money from the alleged victim.

Forgery, Identity Theft, Bribery & More

Despite there being no physical harm involved, white collar charges are treated harshly by the law — incarceration, massive fines, major career setbacks, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.

White Collar Crimes — Overview

Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a professional for personal benefit. It's common for white collar crime cases in Bakersfield, CA, to require specialized experts on both the prosecution and defensive sides.

White collar cases are often investigated for months or even years before charges are filed. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. The sooner you bring in your legal defense, the better chance you have of a positive outcome.

Embezzlement — California Penal Code § 503

Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The key element is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.

Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a non-profit director misusing donated funds.

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• High Amounts: Enhanced sentences up to 10+ years
• Additional: Financial recompensation, professional consequences

Money Laundering — California Penal Code § 186.10

Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It ordinarilly consists of three steps: placement (bringing the illegally-obtained money into the economy), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (making the funds appear legitimate).

California's money laundering statute is set to combat transactions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.

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

You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law targets multiple forms of bribery — that of elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever position you're in, a Bakersfield, CA, theft crimes lawyer is critical to protect you from the prosecution.

Important: Whether you offered or accepted a bribe, you could face charges in Bakersfield, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent ineligibility for 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 Penal Code § 470 is broad and covers checks, receipts, contracts, deeds, power of attorney documents, warrants, prescriptions, lottery tickets, and many other types of written instruments.

What if I didn't steal anything with it? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, in addition to the act of creating or using the false item, is sufficient for a conviction.

Possible 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

In Bakersfield, CA, 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, property, services, or medical information.

Important factor: No financial loss to the victim has to occur for a conviction. Simply obtaining and using another person's information without authorization is enough to trigger criminal charges under state law. Because of this, you need to hire an expert theft crimes lawyer regardless of the specifics of your case.

Identity theft accusations are aggressively prosecuted in Bakersfield, CA, and frequently result in federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.

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 Fight in Bakersfield, CA

Fraud is a frequent white collar crime charge in Bakersfield, CA, and can be divided into smaller categories of its own. Broadly speaking, a person who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary version of fraud.

Insurance fraud is a popular type of fraud in Bakersfield, CA, wherein someone lies on an insurance claim to increase their benefit. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout can be charged with insurance fraud.

A related fraud crime is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another popular form is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.

An expert theft crimes lawyer in Bakersfield, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.

Types of Fraud, False Pretenses & Financial Deception

There are many types of fraud allegations in Bakersfield, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.

Theft by False Pretenses / Fraud — California Penal Code § 532

Many "fraud" charges in Bakersfield fall under California's 'theft by false pretenses' law. This is when a person tricks another person through disonest means, who then freely gives up something of value based on the false information. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.

Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.

Because the amount defrauded can vary, so does the penalty. It depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.

Insurance Fraud — California Penal Code § 550

Lying to an insurance company to receive a payout or other benefit is insurance fraud. The Bakersfield, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. A leading theft crimes lawyer will protect your rights and explore all avenues to help you find the best outcome possible

Common examples include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; inflating repair cost claims; arson for insurance proceeds; fabricating injuries; double billing for a health service.

Potential Penalties:

• Felony Prison Sentence: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Full repayment to insurer
• Additional: Loss of professional licenses

Credit Card Fraud — California Penal Code § 484e–484j

Credit card fraud charges in Bakersfield, CA, go beyond credit cards and involve the misuse of financial account access information. You could be accused of using another individual's card without approvel, using a fake card or one acquired by theft, charging to an account when you don't have the card, or illegally taking or selling card account information.

What to know about 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 some part of the alleged crime occurred online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.

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

Charges of welfare fraud in Bakersfield, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.

Common examples: Claiming income is less than it actually is; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.

These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. A premier Bakersfield, CA, theft crimes lawyer can push back against the prosecution's case and greatly improve your case's outlook.

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 forMedicare hospice benefits, the recipient must be predicted to pass away within half a year if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.

While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. And as if it weren't bad enough going up against the Bakersfield, CA, government, you're likely to face federal charges and accusations from federal investigators.

Critical Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Possible 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 allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's 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 Bakersfield, CA.

While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. 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.

Critical Note: 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.

Possible 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. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically targets situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Bakersfield, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Healthcare providers, billing organizations, office workers, and clerks have all found themselves accused of health care fraud in the past.

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, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare benefits, a patient must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.

One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. 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 Bakersfield, CA. 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. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — even if you broke the law accidentally.

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 in Bakersfield, CA

Violent crime charges and theft charges often go hand in hand in Bakersfield, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.

There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.

Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.

Robbery, Extortion & Force-Related Theft

If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. You're almost guaranteed to be facing felony charges. Your Bakersfield, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.

Robbery — California Penal Code § 211

Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. Robbery is always a felony and always a strike offense.

Your robbery charge in Bakersfield, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.

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

If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to post compromising photos of someone online if they leave; threatening to harm someone's reputation unless granted a professional favor.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years
• Fines: Up to $10,000

Burglary Charges We Defend in Bakersfield, CA

Burglary technically isn't always a theft crime, but it is closely related. California defines burglary as entering a location without permission in order to steal something or commit another crime. In most cases, this is a structure, like a convenience store (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. Due to this, these cases can often hinge on if you were allowed to be in the location or not.

Burglary Related Charges

Shoplifting also involves the theft of items from a store, similar to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, 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. These changes had an immediate impact, even for people who had already been convicted. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Bakersfield, CA (except in extreme 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 kicking in a door to in the process of a theft. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Bakersfield, CA, doubling the importance of working with a top quality theft crimes lawyer to defend you.

Finally, even if you don't commit a theft, you can face related charges in Bakersfield, CA. How can this be? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.

Burglary, Home Invasion & Related Charges

California burglary law is broader than most people realize — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.

Residential Burglary (First Degree) — California Penal Code § 459

In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place while planning to commit a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location is the key to burglary charges.

This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Bakersfield, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

• Prison Term: 2, 4, or 6 years in state prison
• Three Strikes: Yes — serious felony strike
• Probation: Generally not available 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. You could face either misdemeanor or felony charges for this offense.

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.

Possible 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: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. 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

If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

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 up against home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.

Possible 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 & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Your Bakersfield, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.

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.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without knowing their full history, 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 charges are about more than just graffiti; if Bakersfield, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).

The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.

Possible Penalties:

• Under $400: Misdemeanor — up to 1 year jail
• Over $400: Wobbler — up to 3 years prison
• Restitution: Full repair/replacement cost to victim
• Other Common Penalties: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. 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, Bakersfield, CA, prosecutors can also use it as a part of a case for more serious charges. 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 a theft crimes attorney present.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.

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. Because of this the theft of even a nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.

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. And it's even more important to work with an attorney who is able to protect you from even the toughest opponents.

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). You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.

The prosecution in Bakersfield, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.

Common scenarios: Caregiver taking money from a client's account; family member exerting undue influence over an elder's finances; fake contractor promises work but never completes it; phising emails that impersonate loved ones.

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

During emergencies, stealing property can be charged as looting. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.

If the enhanced penalties weren't enough on their own, the Bakersfield, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. These acts are viewed as particularly heinous, and penalties can be severe. 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. Attempted theft, burglary, or robbery in California needs to include: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — regardless of whether it was successful or not.

Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.

California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.

No matter what you've been accused of, when you call us, you can speak with an expert theft crimes lawyer in Bakersfield, CA, who has the training and experience needed to find a path forward. As a team, we will craft a staunch defense against the allegations.

What to Do if You're Accused of Theft

You need to take these accusations seriously. You're up against the Bakersfield, CA, prosecutor's office, you could be facing major legal consequences, and a conviction could derail your life. Without help, it can seem impossible.

But you have an ally. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. When you work with us, you will get a Bakersfield, CA, theft crimes lawyer who will listen to your story and advocate for your rights. Here are the steps we recommend taking:

1. Do Not Resist Arrest

Nobody wants to be arrested. However, don't resist. If you act civilly, it will make things go faster and easier. Refusing to comply can only get you into more trouble.

2. Act Calm and Stay Silent

There's a chance you'll be interviewed or interrogated – stay silent. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and you say something untruthful, you can be charged with perjury.

3. Reach Out to a Bakersfield, CA, 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. Acting fast is important to protect your freedom. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

In most cases, you'll need to go through 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. Cooperate With Your Attorney to Build Your Defense

This is perhaps the most important step: building a defense against the charges. A skilled theft crimes lawyer in Bakersfield, CA, will listen to your story, negotiate with the prosecution, and argue for charges to be dismissed whenever possible.

Powerful Defense Strategies for Theft Charges

Your case is unique — and your defense strategy needs to be adapted to the specific details, evidence, and accusations. If you're up against theft allegations in Bakersfield, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.

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.

Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. More related defenses consist of: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).

Key principle: This is a major hurdle for the prosecution in any theft case. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, especially 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: Can apply when the defendant didn't know that what they were saying was false
• Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In theft and burglary cases, how the evidence was obtained is just as important as what it is. If the authorities broke the law, the evidence can be thrown out and the district attorney may need to drop charges.

Here are some of the reasons that evidence is thrown out in theft cases: 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 resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a valid warrant. In Bakersfield, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — if the court allows some evidence but not all of it — can make a big difference. Suppression motions are fully litigated in Bakersfield, CA, courts, and are an essential tool for the defense when facing theft charges.

Suppression Scenarios:

• Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
• Vehicle Searches: Require a warrant, permission, 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: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Bakersfield, CA. False accusations can come from personal arguments, 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 — you need a Bakersfield, CA, theft crimes lawyer to protect your freedom.

One of the ways that innocent people are commonly accused in Bakersfield, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, if they didn't have a clear sightline, or when things moved too fast. 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: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; exposing bias or motive on the part alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between different witnesses' versions of events.

If you are falsely accused: Stay away from witnesses, do not try to build your defense on your own, and do not tell your side of the story to the police without your theft crimes lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — If you merely were holding property that turned out to be stolen, the prosecution must prove you were aware that the property was stolen. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.

Consent / Permission — Theft requires that property be taken without the owner's consent. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.

Rights Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.

Diversion Programs — Especially for first-time offenders, California offers sentencing alternatives that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.

Arguing the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. 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 — in a newly added requirement — in many cases, must not have served time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

When you work with a theft lawyer to clear your record, you can look forward to the following perks: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. However, there are still some restrictions in the expungement process — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

Critical Note: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, to be able to legally own a gun again, or clearing a prior strike, you'll have to look into other ways to have your record sealed. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.

Relief Options:

• PC § 1203.4: Charges dismissed 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: Still restricted from owning guns, and the police can still review these records

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Bakersfield, CA, Theft Crimes Frequently Asked Questions

What's the difference between petty theft and grand theft in Bakersfield, California?


The primary distinction is the value of the property allegedly taken. Petty theft misdemeanors are typical for anything $950 and below. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Grand theft charges will require elite legal representation in particular, though you will always need a theft crimes lawyer to defend you, regardless of the specifics.

Can a theft charge be expunged from my record in California?


Frequently, yes. For probation sentences, expungement is often offered conditionally upon your completion. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.

What happens if I'm charged with shoplifting for the first time in Bakersfield, CA?


First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. Our theft crimes attorneys 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?


In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely didn't know and had no reasonable basis to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. That said, circumstances like an unusually low price or no documentation of ownership can be used against you, making it imperative that you hire a skillful theft crimes lawyer.

How serious is a grand theft auto charge in Bakersfield, CA?


Extremely. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have any prior convictions, you may also face enhanced sentencing. Call us as soon as possible at (800) 755-5174.

What is a "wobbler" offense in California?


The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Many theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. As your theft crimes lawyer, we will argue for misdemeanor charges if you are facing a wobbler, to protect your record and freedom.

Will I go to jail for a theft charge?


It depends, but it is not always the case. Bakersfield, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact our firm to review what options are available to you.

Can I be charged with burglary if I didn't steal anything?


Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether or not you committed theft is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. As a result, intent evidence — and arguments surrounding it — is central to burglary defense.

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Fighting Theft Allegations in Bakersfield, CA? Call Right Away.

Every theft allegation is a big deal. Our attorneys are equipped to defend you — 24 hours a day, 7 days a week. Your first consultation is completely free and confidential.

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