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Theft Lawyer Banning, CA. There are few things tougher than facing the Banning prosecutor alone. If you're facing theft allegations, the system can move against you extremely fast. It can seem like there's no way out.

Even when all hope seems lost, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a Banning, CA, theft crimes lawyer from our team at your side, you don't have to worry about how you'll handle things alone anymore.

Connect with a theft crimes attorney now at (800) 755-5174 or connect with us online for a private review of your case at no cost. Waiting too long to reach out can cost you everything.

The Importance of a Theft Lawyer in Banning, CA

Theft crime accusations are always a big deal, no matter what the specifics are. On your own, you're stuck trying to decipher a intricate legal code and increase your risk of the following penalties:

1. Prison Sentence: Jail time is a common consequence for theft in Banning, CA.
2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
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 Banning, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley . Here's some of what sets us apart:

Top Qualities of Our Banning, CA Theft Defense Attorneys

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

• A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
• Deep Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Banning, CA prosecutors and judges, which we will use when securing plea deals.
• Trial-Ready From Day One — No matter what the charge is, we prepare as if for a trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
• Expungement Services — Our representation doesn't end at the verdict. You deserve to move forward with your life, and we can help you do it.
• Terrific Reputation – We are well-known for our tenacious representation.
• Always Availalbe — 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.
• Completely Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Every Theft Charge We Defend in Banning, CA

Use the links below to jump directly to a full explanation 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

Major Banning, CA, Theft Crimes We Defend Against

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you're looking for a theft crimes lawyer in Banning, CA, don't hesitate: Reach out now for a free, confidential consultation.

Below are some of the main theft crime accusations we fight against in Banning, CA:

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 without their consent. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the classification will generally be petty theft, while any more will normally be grand theft.

Fighting petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting 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.

Here's a breakdown of what distinguishes petty and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.

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 2014, most shoplifting charges are misdemeanors. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Whether you're up against a felony or misdemeanor charge, a local Banning, CA theft crimes lawyer can help you maximize your chances of a positive outcome.

Organized retail theft (either a crime ring or repeated instances of shoplifting) is increasingly prosecuted aggressively by Banning, CA, prosecutors following recent state legislation.

Shoplifting Possible Penalties:

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

Defensive strategies are: No intention to steal, wrong identity, 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. Banning, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.

To charge PC § 666, the prosecution must establish: (1) the accused is guilty of petty theft; and (2) the suspect has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. 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.

Potential Penalties:

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

Vehicle Theft Charges We Fight in Banning, CA

We will fight against all sorts of vehicle theft crimes in Banning, CA. The first one that probably comes to mind is grand theft auto, but that's technically not its own charge. Grand theft auto comes from a section of California's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to face charges of joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, joyriding charges are almost always better to face in Banning, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.

One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. In the same vein as receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or keeping the vehicle is enough for a conviction.

When you contact our law firm, you'll get a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Contact us now to start building your defense.

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

Grand theft auto is not a standalone California crime — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. This means even stealing a beater worth $200 can result in a grand theft auto charge.

The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).

Potential Penalties:

• Charge Type: Wobbler (usually felony in Banning, 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. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. If you deprive someone of their vehicle with any intentions, this law applies.

This charge is popular in Banning, CA, courts as either a plea deal or as its own charge.

Joyriding — California Vehicle Code § 10851

Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.

In most circumstances, Banning, 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

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Due to the violent nature of the crime, carjacking is always a felony and is often ineligible for probation.

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 vehicle when you knew or should have know it was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove were aware that 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 Defend in Banning, CA

White collar crimes in Banning, CA, can look very different from each other, but they all have a common trait: misusing professional power for financial gain.

Many white collar crimes are defined by how money is transferred. 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 occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.

Not all white-collar crimes are transactional in nature, though (at least at face value). 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, Money Laundering, Fraud & More

Despite there being no physical harm involved, white collar charges are treated harshly by the law — years in prison, massive fines, professional license revocation, and long-lasting reputational damage. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.

White Collar Crimes — Overview

The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. These charges will include the element of deceit, breach of trust, or abuse of a position for personal benefit. Banning, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.

These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. Call us now if you have any reason to believe the police are looking into you. Pre-charge representation can sometimes prevent an indictment entirely.

Embezzlement — California Penal Code § 503

Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.

Hypothetical examples: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Large Amounts: Enhanced sentences up to 10+ years
• Additional: Financial recompensation, 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 usually consists of three steps: placement (bringing the illegally-obtained money into the economy), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).

California's money laundering statute specifically targets transactions of more 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, 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

Bribery involves offering, giving, receiving, or soliciting something of value in order to affect the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Regardless of what position you're in, a Banning, CA, theft crimes lawyer is essential to advise you on how to address these charges.

What if they didn't accept the bribe? Both the person offering the bribe and the person accepting it can be charged in Banning, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.

Potential Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent disqualification from office
• Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

You can be charged with forgery in Banning, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California Penal Code § 470 is broad and covers bills, money orders, contracts, vehicle titles, wills, court orders, notary public symbols, lottery tickets, and many other types of written instruments.

Who can face forgery charges? You can be charged with forgery even if no one was actually defrauded. Just the plan to commit fraud, in addition to the creation or use of the false document, 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

You can face identity theft allegations in Banning, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.

What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply obtaining and using someone else's information without authorization is enough to trigger criminal charges under California statute § 530.5. This makes it critical to hire an expert theft crimes lawyer regardless of the specifics of your situation.

Identity theft accusations are aggressively prosecuted in Banning, CA, and frequently involve 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 Defend in Banning, CA

Fraud encompasses a variety of specific theft types in Banning, CA. Generally speaking, a person who commits theft by acting dishonestly so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.

Insurance fraud is a popular type of fraud in Banning, CA, wherein someone lies on an insurance claim to increase their benefit. As an example, if someone were to hide their valuable property and claim it was stollen, that person is guilty of insurance fraud.

This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another common variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Banning, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.

Different Kinds of Fraud, False Pretenses & Financial Deception

Fraud charges in Banning, CA, cover a vast range of conduct — from simple misrepresentations to elaborate financial schemes. These cases are often document-heavy and require a theft crimes lawyer who understands both the law and financial evidence.

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

Theft by false pretenses — the foundational fraud offense — occurs when a person tricks another person through disonest means, who then freely gives up something of value based on the false information. The key element is that the victim willingly hands over the property as a result of being deceived.

Common examples: Selling a product that doesn't exist; 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 value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.

Insurance Fraud — California Penal Code § 550

You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. Insurance fraud charges are always a big deal, and are often felonies in Banning, CA. A leading theft crimes lawyer will defend your freedom and analyze all the evidence to help you find the best outcome possible

Frequent forms include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; exaggerating property damage; arson for insurance proceeds; fabricating injuries; double billing for a health service.

Possible Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or twice what was defrauded
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: License revocation for professionals

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

You can face credit card fraud charges in Banning, CA, for a variety of actions done with a credit or debit card. This includes using another individual's card without consent, 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 the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.

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 Banning, 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; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.

Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. Your local Banning, 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 (most often): Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Repayment: Full restitution to the government

Additional: Lose your right to receive benefits in the future

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 be eligible forMedicare hospice benefits, the recipient must have a projected lifespan of six months or less 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 Banning, CA, government, you're likely to face federal charges and accusations from federal investigators.

Warning: 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. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware that an investigation is underway until a search warrant is executed.

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 encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Banning, CA theft lawyer who has your back.

Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. 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.

Warning: 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: Ineligibility for all federal health care programs

Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. 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. These are some of the most complicated cases to defend in Banning, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office managers, and clerks have all found themselves accused of health care fraud in the past.

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 medical social services. In order to be eligible for Medicare benefits, a patient must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.

A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Home health fraud charges in Banning, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Important: 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 — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.

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 Banning, CA

Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Banning, CA. This can be the case when you're accused of robbery. A person commits robbery when they take something directly from another person by force. As opposed to burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.

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 is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. 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 a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.

Robbery, Extortion & Force-Related Theft

If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. Beyond the felony charges themselves, you could also be up against a strike on your record. It's essential to get a theft crimes lawyer in Banning, CA to protect your freedom.

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. Robbery is always a felony and always a strike offense.

Your robbery charge in Banning, 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. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.

Common examples: Threatening to report someone to immigration authorities unless paid; threatening to post compromising photos of someone online if they leave; 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 Fight in Banning, CA

Burglary technically isn't always a theft crime, but it is closely related. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. This is commonly a building, like a storefront (which would make it commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Banning, CA (except in extreme cases).

Vandalism also shares many qualities with burglary. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to in order to steal from the building. It's common to face burglary and vandalism charges together in Banning, CA, doubling the importance of working with an expert theft crimes lawyer to defend you.

Finally, even if you don't commit a theft, you can face related charges in Banning, CA. What can lead to this? 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 — 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

First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location is the key to burglary charges.

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 Banning, 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.

Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.

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. 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.

Key distinction: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. 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 a law firm with a track record of success, 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 & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Your Banning, 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.

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 receipts, or from unknown sellers, does not make you guilty.

Possible Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year

Vandalism — California Penal Code § 594

Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.

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
• Additional: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

Trespassing involves entering or remaining on another person's property without permission. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.

Standing alone, trespassing is normally charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Defenses often hinge on whether permission was given or reasonably believed to exist.

Perjury — California Penal Code § 118

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: 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.

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. Due to 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.

As if fighting the charges in your local Banning, CA court weren't bad enough, you could also find yourself up against federal charges. 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 critical to work with an attorney that has wide resources and strong legal skills.

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

California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.

The prosecution in Banning, 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. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement can complicate cases further.

Examples: Caregiver taking money from a client's account; family member using power of attorney to take money; contractor overcharging vulnerable seniors; impostor pretends to be a law enforcement official.

Possible 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.

These charges are often looked upon very negatively in Banning, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. These acts are viewed as particularly heinous, and penalties can be severe. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

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

Trying to steal something and failing is still a crime in Banning, CA. An attempt requires: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — even if the attempt failed or was interrupted.

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.

For any of the charges above, or more, when you call our firm, you can connect with an expert theft crimes lawyer in Banning, CA, who will listen to your side of the story and build a defense around that. Together, we will craft a staunch defense against the allegations.

Steps to Take When Accused of Theft

You need to take these accusations seriously. You're up against the Banning, CA, prosecutor's office, not everyone will believe your side of the story, and a conviction could derail your life. Without help, the odds can seem insurmountable.

But you have an ally. You have the Law Offices of David S. Chesley on your side. With one of our Banning, 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

While it's reasonable to feel angry about being arrested, don't resist. Be polite and respectful during the process. Resisting can only make things worse.

2. Act Calm and Stay Silent

There's a chance you'll be interviewed or interrogated – don't talk. 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 if anything you say is untruthful, you can be accused of perjury.

3. Call a Banning, CA, Theft Crimes Defense Attorney ASAP

In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Before you can leave the jail, you'll probably have to go through a bail hearing. Our firm's 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. An expert theft crimes lawyer in Banning, CA, will hear your side of the story, 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 tailored to the specific facts, circumstances, and charges. Below, you can read about some of the popular ways we will fight theft cases in Banning, CA.

Lack of Intent / Claim of Right Defense in Theft Cases

If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.

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 a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).

Key point: 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. It is often the strongest available defense, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.

Defense Application:

• Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
• 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

The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In theft and burglary cases, the Banning, CA, police department will gather evidence through searches. If searches disobeyed regulations, the evidence can be suppressed and the prosecution may be unable to proceed.

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 incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the limits of a legitimate warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

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 be the difference between a conviction and acquittal. Suppression motions are fully litigated in Banning, CA, courts, and are a standard component of aggressive defense in all property crime cases.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Banning, CA. False accusations can stem from personal disputes, misidentification by witnesses, misunderstandings about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — aggressive and immediate defense is essential from the moment of accusation.

Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, under poor lighting conditions, or when the perpetrator was briefly seen. No matter how confident the eyewitness is, there is always room for error. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Banning, CA, court.

Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; 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 highlighting 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 tell your side of the story to the police without an attorney present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Contact defense counsel immediately and say nothing.

Lack of Knowledge — For some charges, the Banning, CA, prosecutor must prove you were aware that the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

Consent / Permission — Consent regarding your use of the property is a strong defense in Banning, CA, theft cases. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.

Constitutional Violations — We won't presume that all the evidence collected for your case is legitimate — we'll review everything and look for opportunities to have the evidence against you removed.

Sentencing Alternatives — In many cases with first-time offenders, 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 challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

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. To be eligible, the defendant generally must have: successfully completed all terms of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in many 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).

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.

Expungement under § 1203.4 carries meaningful practical benefits: Of note, you won't have to note any convictions on private job applications. 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 does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Banning, CA who don't break any other laws after finishing their sentence, if enough time has passed.

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, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.

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: Still restricted from owning guns, and the police can still review these records

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Frequently Asked Questions About Theft Charges in Banning, CA

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


The primary distinction is the value of the property allegedly taken. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). 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?


In many cases, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. If you want to leave the past behind and move on with your life, this can be a major step forward. Our firm offers full expungement services.

What should I expect from first-time shoplifting charges in Banning, CA?


First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Additionally, we can often secure alternative sentencing options which will keep you out of jail. An attorney can make a major difference and help you with avoiding a conviction and protecting your record.

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, you can build the foundation of your defense upon that fact. Our attorneys challenge the "knowledge" element aggressively in these cases. However, circumstances like an unusually low price or lack of receipts can lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.

How serious is a grand theft auto charge in Banning, 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 as soon as possible if you're facing this charge.

What is a "wobbler" offense in California?


A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.

Will I go to jail for a theft charge?


It depends, but it is not always the case. Banning, 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. Call us to review what options exist in your case.

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


Unfortunately, yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether or not you committed theft doesn't matter — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and arguments surrounding it — is central to burglary defense.

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Fighting Theft Allegations in Banning, CA? Call Our Firm to Protect Your Rights.

There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is ready to defend you — no matter when you need us. Call now for a no-obligation consult on your case.

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We also offer the below legal services in Banning, CA:

• Violent Crimes Lawyer
• DUI Lawyer
• Criminal Defense Lawyer