Theft Lawyer Baldwin Park, CA. There are few things tougher than facing the Baldwin Park prosecutor alone. If you're facing theft allegations, the system can move against you extremely fast. Without help, it's easy to find yourself in a spot where you feel hopeless.
Even when it feels like there is no hope, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our lawyers have extensive experience defending clients against all manner of theft crime charges. With a Baldwin Park, CA, theft crimes lawyer from our team protecting your rights, you'll have someone by your side from day one until you get justice.
Speak with a theft crimes attorney today at (800) 755-5174 or send us a message about your case for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.
How a Baldwin Park, CA, Theft Lawyer Can Help You
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to decipher a intricate legal code and increase your risk of the following penalties:
- Prison Sentence: Baldwin Park, CA, theft convictions can send you to prison, for years in some cases.
- Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
- Damaged Character: 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 Baldwin Park, CA, theft crimes lawyer. The Law Offices of David S. Chesley is ready to help. 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 set us apart — and why it matters for your theft case:
- A Team Of Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
- Deep Court Relationships — Decades of practice in Baldwin Park, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Defenses Built for Trial — Misdemeanor or felony, we build your defense to be trial-ready. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- 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 Baldwin Park, CA, criminal defense attorneys to discuss expungement options.
- Terrific Reputation – well-respected amongst both clients and peers.
- Always Availalbe — 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.
- Entirely Private — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.
Theft Charges We Defend in Baldwin Park, CA
Click any charge below to navigate directly to a full breakdown of the law, penalties, and additional information.
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 Baldwin Park, CA
Our attorneys know how to fight theft crime cases. If you're looking for a theft crimes lawyer in Baldwin Park, CA, 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. You can face these charges for taking someone's possessions when you weren't allowed to. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the classification will ordinarily be petty theft, while higher values will generally be grand theft.
Defending petty theft allegations 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. In either case, 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:
| Alleged Violation | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $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
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. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since Proposition 47, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that 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 Baldwin Park, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is increasingly prosecuted aggressively by Baldwin Park, CA, prosecutors following recent state legislation.
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
Defense options are: Theft was unintentional, mistake of fact, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. Not every prior offense in Baldwin Park, 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.
To charge PC § 666, the Baldwin Park, CA, district attorney must establish: (1) the suspect performed petty theft; and (2) the suspect has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.
Possible Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Baldwin Park, CA
We will fight against all sorts of vehicle theft crimes in Baldwin Park, CA. An example that many people ask about is grand theft auto, but that's technically not a law of its own. Grand theft auto comes from a section of the state's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, in Baldwin Park, CA, 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 car or truck can result in these charges.
When you work with us, you'll partner with 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. Contact us today to start protecting your freedom.
Grand Theft Auto — California Penal Code § 487(d)(1)
If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. This means even stealing a beater worth $200 can result in a grand theft auto charge.
Grand theft auto and joyriding have a close relationship in Baldwin Park, 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 Baldwin Park, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: 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. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. If you deprive someone of their vehicle with any intentions, this law applies.
This charge is popular in Baldwin Park, CA, courts as either a plea deal or as its own charge.
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.
It's typical for joyriding to be treated as a misdemeanor in Baldwin Park, CA. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Intent to return | Intent to keep permanently |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
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 is often ineligible for probation.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
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
In Baldwin Park, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you are in possession of a car that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The prosecution must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.
Possible 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 in Baldwin Park, CA
White collar crimes in Baldwin Park, CA, vary widely in context and action, but they all have a common trait: misusing professional power for financial gain.
Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. 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 are transactional in nature, though (at least at first glance). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft is the taking of someone's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.
Embezzlement, Money Laundering, Fraud & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Baldwin Park, CA, but you'd be wrong. The punishments can be dire — years in prison, financial penalties, professional license revocation, and permanent stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.
White Collar Crimes — Synopsis
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. What unites these offenses is the element of deception, breach of trust, or abuse of a professional for personal benefit. It's common for white collar crime cases in Baldwin Park, CA, to require specialized experts on both the prosecution and defensive sides.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. 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. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.
Hypothetical examples: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a charity collector taking cash donations while leaving other types alone.
Potential 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: Full restitution, employment restrictions
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 is made up of three steps: placement (bringing the illegally-obtained money into the economy), layering (disguising the trail through complex transactions), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).
California's money laundering statute aims at transactions higher than $5,000 when the alleged offender was aware that the money was dirty. 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 double the laundered amount
- 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 exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, a Baldwin Park, CA, theft crimes lawyer is important to protect you from the prosecution.
Important: Both the person offering the bribe and the person accepting it can be charged in Baldwin Park, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
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. State law is broad and covers bills, money orders, contracts, vehicle titles, wills, warrants, prescriptions, lottery tickets, and many other types of written instruments.
What if I didn't steal anything with it? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, combined with the act of creating or using the forged document, is sufficient to be convicted.
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 Baldwin Park, 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.
Crucially: 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 warrant a crime under state law. Because of this, you need to hire an expert theft crimes lawyer regardless of the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Baldwin Park, CA, and often result in federal charges when conducted online, across state lines, or at scale.
Possible 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 Baldwin Park, CA
Fraud is a frequent white collar crime charge in Baldwin Park, CA, and can be divided into smaller categories of its own. Generally speaking, someone who commits theft by lying about something so that another person gives away their 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. As an example, after a car accident, a person who lies about how much damage was caused to get a bigger payout is guilty of 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 variation 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 Baldwin Park, 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.
Fraud, False Pretenses & Financial Deception
Fraud charges in Baldwin Park, CA, cover a vast range of conduct — from simple misrepresentations to elaborate financial schemes. 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
Theft by false pretenses is one of the most common fraud charges in Baldwin Park. These allegations are used when one person lies to someone else, causing them to voluntarily transfer money or property. 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: Lying about being a contest winner; misrepresenting credentials to get paid for work; 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 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. If you're facing insurance fraud charges in Baldwin Park, CA, it's possible that you'll go to prison for several years if convicted. An expert theft crimes lawyer will protect your rights and negotiation with the prosecutor to help you find the best outcome possible
Frequent examples include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; inflating repair cost claims; deliberately damaging your property for a payout; fabricating injuries; health insurance billing fraud.
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 Baldwin Park, CA, go beyond credit cards and involve the misuse of financial account access information. You could be accused of using another person's card without authorization, using a card that has been stolen or counterfeited, charging to an account when you don't have 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, especially when cards are used across state lines or the internet is involved. 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.
Possible 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 Baldwin Park, 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: Failing to report income; 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.
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. Your premier Baldwin Park, CA, theft crimes lawyer can help show issues in the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (commonly): 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 accusations in Baldwin Park, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To qualify forMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if nothing drastic changes in their health condition — a threshold that fraudulent providers routinely falsify.
While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. And as if it weren't bad enough going up against the Baldwin Park, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important Note: 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. 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)
- Extra: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. 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 Baldwin Park, CA.
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. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.
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. You can be accused of breaking this law whether you gave or received the money.
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 charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically addresses 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. These are some of the most complicated cases to defend in Baldwin Park, CA, as they often involve extensive medical records and expert testimony/analysis. Doctors, billing organizations, office workers, and clerical staff have all been accused of this violation at various points in time.
Possible 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 — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, the person receiving care 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. Home health fraud charges in Baldwin Park, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
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.
Possible 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 Fight in Baldwin Park, CA
Violent crime charges and theft charges often go hand in hand in Baldwin Park, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
That said, sometimes what started out as a burglary can end up with violent crime charges. 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. The threats don't always have to consist of 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
Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. You're almost guaranteed to be facing felony charges. Immediate Baldwin Park, CA, legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. All robbery charges in California are felonies.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
Possible 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
A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. 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 damage someone's storefront unless they pay "protection money;" 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 in Baldwin Park, CA
Burglary is often charged along with theft in Baldwin Park, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. In most cases, this is a building, like a retail store (in which case it would be commercial burglary), but not always. For example, if you supposedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. 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 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. 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. The differences in charges had a major impact for several offenses and penalties. 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 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 Baldwin Park, CA, doubling the importance of working with a top quality theft crimes lawyer to protect your rights.
Lastly, even if you don't commit a theft, you can face related charges in Baldwin Park, CA. 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
The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence with the intent to commit a theft or any felony inside. This means that you can be found guilty even without actually committing theft. The reason that you went there is what matters.
Residential burglary is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Baldwin Park, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option 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. This charge is considered a wobbler and could be either a misdemeanor or a 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.
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. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Important note: The vehicle must be locked for a burglary charge to apply. This would still likely be prosecuted as theft, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
At the intersection of burglary and violent crimes are home invasion charges. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
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 defense attorneys that can give you top-quality service, and you need them immediately.
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 & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. You need a Baldwin Park, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. Buying, selling, or disguising something that was stolen can lead to these charges.
Receiving stolen property charges can fall apart if you can prove you weren't aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without knowing their full history, or from unknown sellers, does not make you guilty.
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 Baldwin Park, CA.
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
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 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.
Without compounding charges, trespassing is typically charged as a misdemeanor or infraction. However, Baldwin Park, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. Because of this the theft of even a nearly worthless firearm results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
Federal firearms theft charges may also apply. The potential dual nature of these charges multiplies the complexity. And it's even more essential to have an attorney with the skills to fight for you at all levels.
Possible 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
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. Financial elder abuse (also known as theft from an elder) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
The prosecution in Baldwin Park, CA, does not take these charges lightly and usually pursues harsh penalties. If the victim is 70 years or older, additional consecutive prison time can be added. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement can complicate cases further.
Common scenarios: Caregiver taking money from a client's account; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; 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
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
If the enhanced penalties weren't enough on their own, the Baldwin Park, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. 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 desire to break the law, and (2) a direct, unequivocal act toward committing it — whatever the outcome was.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. 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. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
For any of the charges above, or more, when you reach out to the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Baldwin Park, CA, who will help you break down and navigate the charges. As a team, we will fight for the best outcomes possible in your case.
What to Do if You're Accused of Theft
Theft allegations are just the tip of the iceberg. The Baldwin Park, CA, government is after you, not everyone will believe your side of the story, and the collateral consequences could be devastating. When you're alone, the odds can seem insurmountable.
But you have another option. The Law Offices of David S. Chesley is here to help. With one of our Baldwin Park, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. Here are the steps we recommend taking:
1. Obey the Arresting Officer's Instructions
Mistakes here can hurt your case. If you're being arrested, don't resist. If you act civilly, it will make things go faster and easier. Resisting can only lead to additional charges.
2. Remain Calm and Stay Silent
You may be questioned by the police – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Your answers can later be used as evidence in the case, and you say something untruthful, you can be accused of perjury.
3. Call a Baldwin Park, CA, Theft Crimes Defense Attorney Right Away
In California, you will be given the opportunity to make three completed phone calls after being arrested. One of these should be to your theft crimes lawyer. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. You can reach us 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 firm's theft crimes defense attorneys will argue against the prosecution for your release. Your rights and freedom matter, no matter what you've been accused of.
5. Work With Your Lawyer to Build Your Defense
With the right attorney by your side, it's time to create a strategy to fight the charges. An expert theft crimes lawyer in Baldwin Park, CA, will take the time to listen to you, negotiate with the state, and argue for a dismissal whenever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy needs to be customized to the specific details, evidence, and charges. If you're up against theft allegations in Baldwin Park, 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. In Baldwin Park, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. 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. Similar defenses include: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); 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: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving property disputes, family conflicts, and many civil debt situations.
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 many criminal cases, the Baldwin Park, CA, police department will gather evidence through searches. If searches broke the law, the evidence can be thrown out 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 resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a valid warrant. In Baldwin Park, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can substantially change the outcome. Suppression motions are fully litigated in Baldwin Park, CA, courts, and frequently come up in theft cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- 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: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Baldwin Park, CA. False accusations can arise from personal arguments, cases of mistaken identity, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — without a strong defensive strategy, you're gambling with your freedom.
One of the ways that innocent people are commonly accused in Baldwin Park, 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 — most notably across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. 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; showing issues with how eyewitness identifications were obtained; attacking the character of the person making the allegations; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different statements and testimony between witnesses.
If you have been falsely accused: Do not confront witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to police without your theft attorney present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the prosecution must prove you knew the property was obtained through theft. 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 — Consent regarding your use of the property is a strong defense in Baldwin Park, CA, theft cases. 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 — 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.
Sentencing Alternatives — Especially for offenders with no prior offenses, California offers sentencing alternatives that can protect you from a conviction. We identify every diversion opportunity available in your specific case.
Disputing the Property Valuation — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We'll show the true value of the property and argue for lesser charges.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in several cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
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: Of note, job applications become a lot easier, as you won't have to mention your conviction. That said, the criminal record isn't entirely thrown away by expungement — it doesn't allow gun ownership, 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) 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 the total removal of the record, to be able to legally own a gun again, or clearing a prior strike, you will need a different method of expungement. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- 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 Baldwin Park, CA
What's the difference between petty theft and grand theft in Baldwin Park, California?
How much was allegedly stolen determines the specific theft charge. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Can a theft charge be expunged from my record in California?
Frequently, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What should I expect from first-time shoplifting charges in Baldwin Park, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. 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 protecting your record.
I didn't know the property was stolen. Can I still be convicted?
If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you sincerely didn't know and had no reasonable basis to suspect it, you can build the foundation of your defense upon that fact. We often use this as a way to protect our clients from accusations. That said, circumstances like strangely good deal or lack of receipts can be used against you, which is why an attorney is essential.
How serious is a grand theft auto charge in Baldwin Park, CA?
Extremely. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have a criminal record, you are at risk of harsher penalties. Call us right away if you're facing this charge.
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. Several 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. Baldwin Park, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. While felony charges can be harder to avoid prison for, it is still possible in some cases. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call our firm to understand what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether you stole something or not 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 challenging how it's proven — is critical to burglary defense.
Up Against Theft Charges in Baldwin Park, CA? Contact Our Team to Defend Your Freedom.
Every theft allegation is a big deal. The Law Offices of David S. Chesley is ready to defend you — no matter when you need us. You can call our attorneys today to start building your defense.
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