Theft Lawyer Beverly Hills, CA. Accusations. Arrests. Criminal charges. You might even be facing multiple theft charges at once. On your own, it can feel impossible to win.
Even when it feels like there is no hope, you have a path forward: The Law Offices of David S. Chesley. Our legal team has extensive experience defending clients against all manner of theft crime charges. With a Beverly Hills, CA, theft crimes lawyer from our team on your side, you don't have to worry about how you'll handle things alone anymore.
Talk to an 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.
How a Beverly Hills, CA, Theft Lawyer Can Help You
You should never take theft allegations lightly, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to navigate a intricate legal system and increase your risk of the following penalties:
- Prison Sentence: Beverly Hills, CA, theft convictions can send you to prison, for years in some cases.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
- Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Beverly Hills, CA, theft crimes lawyer. You need the Law Offices of David S. Chesley. Look at what makes us the right attorneys for the job:
Top Qualities of Our Beverly Hills, CA Theft Defense Attorneys
Not every criminal defense firm is created equal. Here's what set us apart — and why it matters for your theft case:
- Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We use that inside knowledge to dismantle the prosecution's strategy.
- Deep Court Relationships — 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.
- Trial-Ready From Day One — We prepare every case as if it's going to trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- 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 renowned professionally and by clients.
- Always Availalbe — Our team is available whenever you need us most. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Entirely Private — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Every Theft Charge We Defend in Beverly Hills, CA
Use the links below to navigate directly to a full breakdown of the law, penalties, and more.
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
Beverly Hills, CA, Theft Allegations We Defend Against
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. When you need a theft crimes lawyer in Beverly Hills, CA, act fast: Reach out right away for a free consult to go over your charges.
Below are some of the main theft crime accusations we fight against in Beverly Hills, CA:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in Beverly Hills, 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 main difference is the amount that was supposedly taken: For values $950 and under, the classification will normally be petty theft, while higher values will generally be grand theft.
Fighting petty theft allegations is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). However, defending grand theft charges is usually more challenging because it is more frequently charged as a felony. Regardless of what you're up against, the right theft crimes lawyer will improve your chances of reaching a positive outcome.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Theft Charges | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Ordinarilly Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Today, most shoplifting charges are misdemeanors. That said, you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Whether you're up against a felony or misdemeanor charge, a local Beverly Hills, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is increasingly prosecuted aggressively by Beverly Hills, CA, prosecutors following recent state legislation.
Shoplifting Possible 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: No intention to steal, wrong identity, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Not every prior offense in Beverly Hills, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
If you're facing petty theft with a prior allegations, the Beverly Hills, CA, district attorney must establish: (1) the accused is guilty of petty theft; and (2) the accused has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. 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
- Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Beverly Hills, CA
We will fight against all sorts of vehicle theft crimes in Beverly Hills, CA. One of the ones people commonly think of is grand theft auto, but that's actually not its own charge. Grand theft auto is defined in a subsection of California's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
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 defendant did intend to return it, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, joyriding charges are almost always better to face in Beverly Hills, 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 can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the vehicle can result in these charges.
When you contact our law firm, you'll partner with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Call today to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. 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.
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).
Possible Penalties:
- Charge Type: Wobbler (usually felony in Beverly Hills, 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. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. Simply taking or driving someone's vehicle without permission is enough.
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 is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Beverly Hills, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In most circumstances, Beverly Hills, CA, joyriding cases are handled as misdemeanors. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Beverly Hills, CA prosecutor is likely going to pick carjacking over another offense. Due to the violent nature of the crime, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have a car that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove were aware that the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Defend in Beverly Hills, CA
White collar crimes in Beverly Hills, CA, can look very different from each other, but each of them have one thing in common: misusing professional power for financial gain.
Most white collar crimes center around taking or hiding money in some way. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes are transactional in nature, though (at least at face value). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft is the taking of someone's personal information. You can face either of these charges without having taken money from the alleged victim.
Embezzlement, Money Laundering, Fraud & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Beverly Hills, CA, but you'd be wrong. The punishments can be dire — years in prison, massive fines, professional license revocation, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Synopsis
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. These charges will include the element of deception, breach of trust, or abuse of a professional for personal gain. It's common for white collar crime cases in Beverly Hills, CA, to require specialized experts on both the prosecution and defensive sides.
White collar cases are often investigated for months or even years before charges are filed. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Frequent embezzlement scenarios: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a non-profit director misusing donated funds.
Possible Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It commonly involves 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 (using the funds for legitimate purchases, to further disguise them).
California's money laundering law specifically targets transactions of more than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.
Potential Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law criminalizes bribery in many contexts — government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Whatever form of bribery you've been accused of, a Beverly Hills, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.
Important: Whether you offered or accepted a bribe, you could face charges in Beverly Hills, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Forgery involves creating, altering, or using a false document with intent to defraud. State law is broad and covers checks, money orders, contracts, deeds, wills, warrants, prescriptions, identification documents, and many other types of written instruments.
What if I didn't steal anything with it? The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. Just the plan to commit fraud, combined with the creation or use of the false item, is sufficient to be convicted.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Beverly Hills, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, property, services, or medical information.
What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Just taking and using another individual's information without permission is enough to warrant a crime under state law. Because of this, you need to hire an expert theft crimes lawyer regardless of the details of your case.
Identity theft accusations are aggressively prosecuted in Beverly Hills, CA, and frequently result in federal charges when conducted online, across state lines, or at scale.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Beverly Hills, CA
Fraud is one of the most common white collar crimes in Beverly Hills, CA, and it has several subcategories. Generally speaking, a person who commits theft by acting dishonestly so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary 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.
A related fraud crime is welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another popular form 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 you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Beverly Hills, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.
Types of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Beverly Hills, CA — 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 one person lies to someone else, who then freely gives up something of value based on the false information. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.
Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; collecting donations for a nonexistent charity.
The charge level (misdemeanor vs. felony) depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.
Insurance Fraud — California Penal Code § 550
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. The Beverly Hills, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. An experienced theft crimes lawyer will fight the allegations and negotiation with the prosecutor to help you find the best outcome possible
Typical forms include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; workers' compensation fraud; health insurance billing fraud.
Potential Penalties:
- Felony Prison Sentence: 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: Loss of professional licenses
Credit Card Fraud — California Penal Code § 484e–484j
In Beverly Hills, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. You could be accused of using another person's card without consent, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or fraudulently acquiring or selling card account information.
Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when cards are used across state lines or some part of the alleged crime occurred online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.
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
A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; using another person's EBT card; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.
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 Beverly Hills, CA, theft crimes lawyer can push back against the prosecution's case and greatly improve your case's outlook.
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 Beverly Hills, 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 be eligible forMedicare hospice benefits, the person being treated must be predicted to pass away within half a year if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
This type of fraud is more often alleged towards providers over patients. Because healthcare professionals have more access to control billing and provide diagnoses, they are at higher risk of being accused of hospice fraud. Beverly Hills, 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.
Critical Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Extra: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud 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 Beverly Hills, 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. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Beverly Hills, CA theft lawyer immediately.
Critical Note: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Providers and referrers are both at risk of prosecution under these circumstances.
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 charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
You can face federal charges in some cases, but it's more common for these to be state charges. 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. Without an expert Beverly Hills, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Healthcare providers, billing companies, office workers, 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 — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare benefits, the person receiving care must be homebound and require special care. Because of the particulars of the definition, these cases can vary wildly from one another.
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 Beverly Hills, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Warning: The United States' Stark Law makes it a crime for a doctor to refer a medicare patient to a home health company, if the doctor makes money from that company. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — even if you broke the law accidentally.
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 Beverly Hills, CA
Violent crime charges and theft charges often go hand in hand in Beverly Hills, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. 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 take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion is a unique form of theft. 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 it can consist of any form of harm to the victim, including emotional or reputational. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.
Robbery, Extortion & Force-Related Theft
Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. You're almost guaranteed to be facing felony charges. Your Beverly Hills, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Being convicted of robbery will likely result in a prison sentence as well as a strike.
California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.
Potential Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to 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 Beverly Hills, CA
Burglary charges in Beverly Hills, CA, are distinct from theft, but often go hand-in-hand. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. Ordinarily, this is a building, like a storefront (in which case it would be commercial burglary), but not always. For example, if you supposedly smashed 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. 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. But as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. These changes had an immediate impact, even for people who had already been convicted. Today, shoplifting is no longer a subset of burglary offenses in Beverly Hills, CA, and faces more lenient penalties if convicted.
Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to in order to steal from the building. It's common to face burglary and vandalism charges together in Beverly Hills, CA, doubling the importance of working with a top quality theft crimes lawyer to defend you.
Finally, even if you don't commit a theft, you can face related charges in Beverly Hills, CA. How does this happen? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
California burglary law is broader than most people realize — 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
The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence for the purpose of committing 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 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 Beverly Hills, 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: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. 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.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
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. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Beverly Hills, CA prosecutor interprets the circumstances.
Important note: Stealing from an unlocked vehicle does 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
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. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them immediately.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. Buying, selling, or disguising something that was stolen can lead to these charges.
Receiving stolen property charges can fall apart if you can prove you weren't aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without knowing their full history, or from unknown sellers, does not prove that you were aware the items were stolen.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Beverly Hills, CA.
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing involves entering or remaining on another person's property without permission. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.
Without compounding charges, trespassing is normally charged as a misdemeanor or infraction. However, Beverly Hills, 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.
Possible 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)
California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. Because of this stealing even a nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.
To make things worse, you may also have to fight in federal court. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more essential to find an attorney with the skills to fight for you at all levels.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
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.
This offense is aggressively prosecuted in Beverly Hills, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; fraudulent investment schemes targeting retirees.
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
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
If the enhanced penalties weren't enough on their own, the Beverly Hills, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. These acts are viewed as particularly heinous, and penalties can be severe. 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
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. An attempt requires: (1) the desire to break the law, and (2) a direct, unequivocal act toward committing it — even if the attempt failed or was interrupted.
The general rule is that attempted crimes are punished at half the sentence of the completed offense. So 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.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
No matter what you've been accused of, when you contact the Law Offices of David S. Chesley, you can speak with an expert theft crimes lawyer in Beverly Hills, 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.
Steps to Take When Accused of Theft
Being charged with theft can be intimidating. There could be a warrant out for your arrest, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. When you're alone, it can seem impossible.
But you have an ally. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a Beverly Hills, CA, theft crimes lawyer who will listen to your story and advocate for your rights. 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. Fighting back can only get you into more trouble.
2. Act Calm and Don't Talk
You may be questioned by the police – don't talk. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and if anything you say is untruthful, you can be charged with perjury.
3. Call a Beverly Hills, CA, Theft Crimes Defense Attorney ASAP
In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Work With Your Attorney to Make a Personalized Defense
With the right attorney by your side, it's time to create a strategy to fight the charges. An accomplished theft crimes lawyer in Beverly Hills, CA, will take the time to listen to you, negotiate for deals with the prosecution, and fight for charges to be dismissed wherever possible.
How Our Theft Lawyers Fight Against These Charges
As expert theft crime attorneys, we know that each case's defense strategy needs to be tailored to the specific details, evidence, and accusations. Below, you can read about some of the popular ways we will fight theft cases in Beverly Hills, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
One of the most powerful defenses in any theft case is the absence of criminal intent. In Beverly Hills, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If 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. More related defenses consist of: 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 disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Using This Defense:
- 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: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In theft and burglary cases, how the evidence was obtained is just as important as what it is. If the authorities didn't follow the rules, the evidence can be suppressed and the state may be unable to proceed.
Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded 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 — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — if the court allows some evidence but not all of it — can substantially change the outcome. Suppression motions are fully litigated in Beverly Hills, CA, courts, and are an essential tool for the defense when facing theft charges.
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
Innocent people are charged with theft crimes more often than the public realizes. False accusations can come from personal arguments, cases of mistaken identity, mistaken assumptions about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. Being wrongly accused does not mean the charges will not proceed — you need a Beverly Hills, CA, theft crimes lawyer to protect your freedom.
One of the ways that innocent people are commonly accused in Beverly Hills, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — most notably across racial lines, 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 Beverly Hills, CA, court.
Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; showing issues with how eyewitness identifications were obtained; attacking the character of alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different witnesses' versions of events.
If you are facing false allegations: Do not confront witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without your theft crimes lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Contact defense counsel immediately and say nothing.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the prosecution must prove you 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 regarding your use of the property is a strong defense in Beverly Hills, CA, theft cases. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.
Constitutional Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.
Diversion Programs — Especially for offenders without a record, California offers sentencing alternatives that can protect you from a conviction. We identify every diversion opportunity available in your specific case.
Contesting 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
Whatever your past is, you have a future. And we want to help you make the most of it. 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. Before you can do so, you will likely have to have fit the following critera: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — as a more recent restriction — in many cases, must not have spent time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
Expungement under § 1203.4 carries meaningful practical benefits: In particular, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, expungement does not seal a criminal record from all access — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Important: 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 for the record to be totally inaccessible, to be able to legally own a gun again, or clearing a prior strike, you'll have to look into other ways to have your record sealed. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (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
Beverly Hills, CA, Theft Crimes Frequently Asked Questions
Is there a difference between petty theft and grand theft in Beverly Hills, California?
The primary distinction is the value of the property allegedly taken. Petty theft misdemeanors are typical for anything $950 and below. 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. 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.
Is it possible to expunge a theft conviction 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. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What happens if I'm charged with shoplifting for the first time in Beverly Hills, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. Our theft crimes attorneys can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you genuinely weren't aware and had no reasonable basis to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. That said, circumstances like an unusually low price or no documentation of ownership can erode your case, which is why an attorney is essential.
How serious is a grand theft auto charge in Beverly Hills, CA?
Extremely. In Beverly Hills, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you are at risk of harsher penalties. Call one of our theft crimes lawyers right away if you're facing this charge.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. As your theft crimes lawyer, we will argue for misdemeanor charges if you are facing a wobbler, to protect your record and freedom.
Will I go to jail for a theft charge?
It depends, but it is not always the case. Beverly Hills, 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. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call us to understand what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you stole something or not is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and how it's presented — is critical to burglary defense.
Need a Theft Defense Attorney in Beverly Hills, CA? Call Our Firm Now.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. The Law Offices of David S. Chesley is ready to defend you — 24 hours a day, 7 days a week. Call now for a no-obligation consult on your case.
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