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Theft Lawyer Barstow, CA. Nobody wants to be in a situation where they're facing criminal charges. You might even be facing multiple theft charges at once. It can seem like there's no way out.

Even when you're at your lowest point, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our team of legal experts has extensive experience defending clients against all manner of theft crime charges. With a Barstow, CA, theft crimes lawyer from our team at your side, you can rest assured that you're getting expert legal representation.

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

The Importance of a Theft Lawyer in Barstow, CA

You should never take theft allegations lightly, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to navigate a complicated legal code and make it more likely that you'll face the following:

1. Jail Sentence: Most theft charges in Barstow, CA, carry a potential jail sentence of six months or more.
2. Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
3. Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
4. Reputational Damage: 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 Barstow, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:

Top Qualities of Our Barstow, CA Theft Defense Attorneys

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

• Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We use that inside knowledge to dismantle the prosecution's strategy.
• Longstanding Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
• Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
• Expungement Services — Even after the fact, we're still here to help. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
• Terrific Reputation – We are renowned professionally and by clients.
• Always Availalbe — We know that arrests don't happen on a schedule. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
• 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 Barstow, CA

Click any charge below to jump 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

Major Barstow, CA, Theft Crimes We Defend Against

Our attorneys know how to fight theft crime cases. if you require a theft crimes lawyer in Barstow, CA, don't hesitate: Reach out now for a free, confidential consultation.

Our lawyers can help you fight all of the following allegations:

Petty Theft Charges vs Grand Theft Charges

While there are many different theft case types in Barstow, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property without their consent. The distinguishing factor is how much value was allegedly stolen: If it was $950 or less, the classification will normally be petty theft, while any more will typically be grand theft.

Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

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

Shoplifting — Proposition 47 / Penal Code § 459.5

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

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since Proposition 47, most shoplifting charges are misdemeanors. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Barstow, CA theft crimes lawyer can help you maximize your chances of a positive outcome.

Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.

Shoplifting Potential Penalties:

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

Potential defenses are: Theft was unintentional, 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

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Barstow, 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 activate this sentencing enhancement, the prosecution must establish: (1) the accused engaged in petty theft; and (2) the defendant has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.

Potential Penalties:

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

Vehicle Theft Charges We Defend in Barstow, CA

We will fight against all sorts of vehicle theft crimes in Barstow, CA. One of the ones people commonly think of is grand theft auto, but that's technically not a law of its own. Grand theft auto is a smaller part of the state's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.

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 the alleged offender wasn't going to keep it, they're probably going to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, it's almost always better to be charged with joyriding in Barstow, CA, since the prosecution is more likely to assign that as a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Just like receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or keeping the vehicle can get you arrested for possession of a stolen vehicle.

When you contact our law firm, you'll work with a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Reach out today to start building your defense.

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

Grand theft auto is not a standalone California crime — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.

Grand theft auto charges often hinge on your intentions during the alleged theft — if you were going to bring it back, then it wasn't technically a theft, it was joyriding.

Possible Penalties:

• Charge Type: Wobbler (usually felony in Barstow, 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 commonly charged with or in place of grand theft auto. It covers situations where the alleged offender both did and didn't intend to return the vehicle. This law is relevant any time someone allegedly drives a vehicle without permission.

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

Joyriding — California Vehicle Code § 10851

Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Barstow, CA, vehicle theft crimes lawyer to build you a solid defense.

In Barstow, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. 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. Because of the violent element, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.

Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.

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

Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have a automobile that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

This charge 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 — your vehicle theft crimes lawyer can argue that you didn't.

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 Fight in Barstow, CA

White collar crimes in Barstow, CA, can look very different from each other, but all of them have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.

Many white collar crimes center around taking or hiding money in some way. Embezzlement is 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 an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.

Not all white-collar crimes involve financial exchanges, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing another person's personal information. You can face either of these charges without having taken money from the alleged victim.

Forgery, Identity Theft, Fraud & More

White collar crimes carry severe consequences even without physical violence — prison sentences, massive fines, major career setbacks, 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

Individual "white collar crimes" can look very different from each other. What unites these offenses is the element of deceit, breach of trust, or abuse of a position for personal benefit. These cases are some of the most complicated in Barstow, CA, and normally require highly experienced representation to defend.

In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. Call us now if you have any reason to believe the police are looking into you. The sooner you bring in your legal defense, the better chance you have of a positive outcome.

Embezzlement — California Penal Code § 503

Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

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.

Potential Penalties:

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

Money Laundering — California Penal Code § 186.10

Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It ordinarilly is made up of three stages: placement (introducing dirty money into the financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (making the funds appear legitimate).

California's money laundering law is set to combat transactions over $5,000 conducted with knowledge that the money was obtained through criminal activity. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.

Possible Penalties (State):

• Prison: 16 months, 2 years, or 3 years
• Fines: Up to $250,000 or twice the amount laundered
• Federal Add-On: Up to 20 years federal prison

Bribery — California Penal Code § 67–68 / § 92

You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Regardless of what position you're in, a Barstow, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.

Important: Both the person offering the bribe and the person accepting it could face charges in Barstow, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.

Possible Penalties:

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

Forgery — California Penal Code § 470

Forgery involves creating, altering, or using a false document with intent to defraud. California's forgery statute is broad and covers checks, money orders, stock certificates, vehicle titles, power of attorney documents, warrants, notary public symbols, lottery tickets, and many other types of written instruments.

Who can face forgery charges? 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 false document, is enough to be convicted.

Potential Penalties:

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

Identity Theft — California Penal Code § 530.5

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

Crucially: No financial loss to the victim has to occur for a conviction. Just obtaining and using another individual's information without a legal reason is enough to trigger criminal charges under state law. Because of this, you need to hire an expert theft crimes lawyer whatever the details of your situation.

Identity theft accusations are aggressively prosecuted in Barstow, CA, and increasingly 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 Defend in Barstow, CA

Fraud encompasses a variety of specific theft types in Barstow, CA. Broadly speaking, a person who commits theft by lying about something in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.

Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. For example, a person who intentionally burns down their house then tells the insurance company that it was an accident is guilty of insurance fraud.

This is not unlike welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.

Another popular variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.

Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.

Types of Fraud, False Pretenses & Financial Deception

Fraud charges in Barstow, CA, cover a vast range of conduct — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.

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

Many "fraud" charges in Barstow fall under California's 'theft by false pretenses' law. This is when a person tricks another person through disonest means, causing them to voluntarily transfer money or property. The key element is that the victim willingly hands over the property as a result of being deceived.

Common examples: Selling a product that doesn't exist; misrepresenting credentials to get paid for work; pitching investments based on false information; collecting donations for a nonexistent charity.

The charge level (misdemeanor vs. felony) depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.

Insurance Fraud — California Penal Code § 550

Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in Barstow, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

Typical forms include: Claiming existing auto damage is newly occuring; filing false theft reports; inflating repair cost claims; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.

Possible Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: Loss of professional licenses

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

You can face credit card fraud charges in Barstow, CA, for a variety of actions done with a credit or debit card. Charges can occur if someone is caught using another person's card without permission, using a fake card or one acquired by theft, using an account number without physical possession of the card, or illegally obtaining or selling card account information.

Note on federal charges: You are likely to face both federal and 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.

Potential Penalties (State):

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Federal Prison: Up to 15 years (federal charges)

Welfare Fraud — California Welfare & Institutions Code § 10980

Charges of welfare fraud in Barstow, 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; using fake identities to collect extra benefits; using another person's EBT card; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.

These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. Your premier Barstow, CA, theft crimes lawyer can dissect 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 Barstow, 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, the person being treated must be predicted to pass away within half a year if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.

While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. Barstow, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.

Warning: 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. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Potential Penalties:

• Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
• Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
• State Charges: Up to 5 years (CA Penal Code § 550)
• Additional: Exclusion from Medicare/Medi-Cal programs; license revocation

Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. 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 Barstow, CA theft lawyer who has your back.

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

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.

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: Loss of eligibility for all federal health care programs

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

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.

You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically outlaws situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Without an expert Barstow, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Physicians, billing companies, office managers, and support staff have all faced prosecution depending on their level of involvement.

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, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare benefits, a patient must be homebound and require skilled 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 Barstow, 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.

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 Defend in Barstow, CA

There is often a crossover between theft and violent crime charges in Barstow, 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, the alleged theft occurred away from the alleged victim. Carjacking can be compared to grand theft auto in the same way.

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

Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten 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

When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. It's essential to get a theft crimes lawyer in Barstow, 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. 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:
  1. In someone's house, vehicle, or other building,
  2. In a taxi, or
  3. 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

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.

Common examples: Threatening to report someone to immigration authorities unless paid; threatening to release private photos unless money is provided; threatening to deny someone a rightful certification unless special favors are given.

Potential Penalties:

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

Burglary Charges We Defend in Barstow, CA

Burglary is often charged along with theft in Barstow, CA. California defines burglary as entering a location without permission in order to steal something or commit another crime. In most cases, this is a structure, like a 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 be considered burglary of a vehicle.

No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Due to this, these cases can often hinge on if you were allowed to be in the location or not.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.

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 the process of a theft. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Barstow, CA, doubling the importance of working with an experienced theft crimes lawyer to protect your rights.

Lastly, even if you don't commit a theft, you can face related charges in Barstow, 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

People commonly think of burglary as entering someone's house to commit theft, but that's not how Barstow, CA law works — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.

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

First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. This means that you can be found guilty even without actually committing theft. The intent at the moment of entry is what matters.

This charge is always a felony and will add a strike to your record upon a conviction. This is one of the most serious theft-adjacent charges in California law, and Barstow, CA courts are likely to give you a long sentence. 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 is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.

Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.

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

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. 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.

Important note: 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 the burglary enhancement requires that the vehicle was secured in some way.

Home Invasion Burglary With Violence — California Penal Code § 459 / § 211

If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Barstow, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. 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 up against home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.

Potential Penalties:

• Burglary Base: 2, 4, or 6 years
• Robbery Add-On: Additional 2–5 years
• Weapon Enhancement: Additional 3–10 years
• Three Strikes: Yes — multiple strikes possible

Property & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Your Barstow, 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. Buying, selling, or disguising something that was stolen can lead to these charges.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items that are cheaply listed, without receipts, 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

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.

While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.

Possible Penalties:

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

Trespassing — California Penal Code § 602

You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. 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, Barstow, 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

Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.

Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.

Potential Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

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

Grand Theft of a Firearm — California Penal Code § 487(d)(2)

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 will end up with a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.

To make things worse, you may also have to fight in federal court. 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 who is able to protect you from even the toughest opponents.

Potential Penalties:

• Prison: 16 months, 2 years, or 3 years
• Strike: Serious felony — potential strike offense
• Federal: Additional federal charges possible

Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30

California law provides special enhanced protections for victims aged 65 or older (and dependent adults). 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 Barstow, 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. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.

Common scenarios: Caregiver overcharging for services; family member exerting undue influence over an elder's finances; 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. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.

These charges are often looked upon very negatively in Barstow, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. Looting is considered a way of taking advantage of Barstow while it's at its most vulnerable, and judges are never pleased by this. 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

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. For it to be considered an attempt, the prosecution needs to prove two things: (1) a mental state of deliberate criminal activity, and (2) a direct, unequivocal act toward committing it — regardless of whether it was successful or not.

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. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.

No matter what you've been accused of, when you call the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Barstow, CA, who will listen to your side of the story and build a defense around that. As a team, we will craft a staunch defense against the allegations.

Facing Theft Allegations? These Are Your Next Steps

You need to take these accusations seriously. There could be a warrant out for your arrest, not everyone will believe your side of the story, and a conviction could derail your life. When you're alone, it can seem impossible.

But you have an ally. The Law Offices of David S. Chesley is here to help. When you work with us, you will get a Barstow, CA, theft crimes lawyer who will listen to your story and advocate for your rights. If you're up against theft crime accusations, here are our recommendations:

1. Obey the Arresting Officer's Instructions

Nobody wants to be arrested. However, don't resist. Respectfully complying with the police officers will make the process go smoother. Resisting can only lead to additional charges.

2. Act Calm and Stay Silent

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

3. Reach Out to a Barstow, CA, Theft Crimes Defense Attorney ASAP

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. Getting legal assistance quickly can protect you from making mistakes that will come back to hurt you later. You can reach us 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 theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.

5. Work With Your Lawyer to Build Your Defense

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

How Our Theft Lawyers Fight Against These Charges

As expert theft crime attorneys, we know that each case's defense strategy must be tailored to the specific details, circumstances, and charges. If you're up against theft allegations in Barstow, 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

If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If 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 (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: This is a major hurdle for the prosecution in any theft case. This isn't merely a backup plan. It is often the strongest available defense, particularly 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: Can apply when the defendant didn't know that what they were saying was false
• Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

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

Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the scope of a legally obtained warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can make a big difference. Suppression motions are fully litigated in Barstow, 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: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Barstow, CA. False accusations can come from personal disputes, witnesses mistaking the defendant for someone else, misunderstandings about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — without a strong defensive strategy, you're gambling with your freedom.

One of the ways that innocent people are commonly accused in Barstow, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, if they didn't have a clear sightline, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Barstow, CA, court.

Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); attacking the character of alleged victim; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between different statements and testimony between witnesses.

If you are facing false allegations: Do not confront witnesses, do not try to collect evidence yourself, and do not attempt to explain your innocence to police without your theft lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — In some cases, the state must prove you were aware that the property was obtained through theft. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.

Consent / Permission — Consent is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. It's not illegal to use someone else's property if you had permission.

Constitutional Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.

Diversion Programs — In many cases with first-time offenders, California offers diversion programs that can keep you out of prison by participating. We identify every diversion opportunity available in your specific case.

Contesting the Property Valuation — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4

California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — in a newly added requirement — in several cases, must not have been incarcerated 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. 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.

Here are some of the advantages of getting your theft conviction expunged: Of note, you won't have to note any convictions on private job applications. That said, the criminal record isn't entirely thrown away by expungement — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.

Critical Note: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is full sealing, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. 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: Does not restore firearm rights or remove record from law enforcement databases

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Frequently Asked Questions About Theft Charges in Barstow, CA

Is there a difference between petty theft and grand theft in Barstow, 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. 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.

Is it possible to expunge a theft conviction in California?


Frequently, yes. For probation sentences, expungement is often offered conditionally upon your completion. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.

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


You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Additionally, we can often secure alternative sentencing options which will keep you out of jail. Working with a criminal defense lawyer can make a major difference and help you with avoiding a conviction and keeping your record clean.

I didn't know the property was stolen. Can I still be convicted?


In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely didn't know and had no reasonable basis to suspect it, 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 an unusually low price or no documentation of ownership can erode your case, making it imperative that you hire a skillful theft crimes lawyer.

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


Very serious. 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 at (800) 755-5174.

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 — such as 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. Barstow, 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 are available to you.

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 — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and challenging how it's proven — is central to burglary defense.

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Facing a Theft Charge in Barstow, CA? Contact Us to Defend Your Freedom.

There is no such thing as a minor theft accusation. Our firm is prepared to defend you — 24 hours a day, 7 days a week. Contact us now for a free, confidential case review.

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• Violent Crimes Lawyer
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• Criminal Defense Lawyer