Theft Lawyer Carlsbad, CA. When you are charged with a crime in Carlsbad, it's easy to feel overwhelmed. You might even be facing multiple theft charges at once. Without help, it's easy to find yourself in a spot where you feel hopeless.
Even when you're at your lowest point, you have a path forward: The Law Offices of David S. Chesley. Our team of legal experts has the tools and training to fight against any theft and related charges. With a Carlsbad, CA, theft crimes lawyer from our team on your side, every legal avenue will be explored to protect your rights.
Speak with a theft crimes lawyer today at (800) 755-5174 or send us a message about your case for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.
The Importance of a Theft Lawyer in Carlsbad, CA
Theft charges need to be treated seriously, no matter what the specifics are. Without a lawyer, you're stuck trying to navigate a intricate legal system and increase your risk of the following penalties:
- Prison Sentence: Most theft charges in Carlsbad, CA, carry a potential jail sentence of six months or more.
- Fines: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
- Loss of Employmnet: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Reputational Damage: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Carlsbad, CA theft crimes lawyer on your case. You need the Law Offices of David S. Chesley. Here's some of what sets us apart:
Top Qualities of Our Carlsbad, CA Theft Defense Attorneys
Working with our expert Carlsbad, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and how it will impact your case:
- Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
- Extensive 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 — Misdemeanor or felony, we build your defense to be trial-ready. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- Expungement Services — Even after the fact, we're still here to help. You deserve to move forward with your life, and we can help you do it.
- Terrific Reputation – We are renowned professionally and by clients.
- Ready for Your Call Right Away — Our team is available whenever you need us most. If you need help or an update, you can get a hold of us, whenever it is.
- Totally Confidential — 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.
Theft Charges We Defend in Carlsbad, CA
Click any charge below to navigate directly to a full explanation of the law, consequences, and additional information.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Cases We Fight in Carlsbad, CA
Our attorneys know how to fight theft crime cases. If you're looking for a theft crimes lawyer in Carlsbad, CA, don't hesitate: Reach out right away for a free consult to go over your charges.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
In Carlsbad, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without their consent. The distinguishing factor is the amount that was supposedly taken: If it was $950 or less, the charges will generally be petty theft, while higher values will normally be grand theft.
Fighting petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. On the other hand, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Criminal Charge | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Since Proposition 47, most shoplifting charges are misdemeanors. Keep in mind, though, that 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 Carlsbad, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
Organized retail theft (either a crime ring or repeated instances of shoplifting) is increasingly prosecuted aggressively by Carlsbad, CA, prosecutors following recent state legislation.
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
Defensive strategies are: Lack of intent 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 Carlsbad, 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 state must establish: (1) the suspect engaged in petty theft; and (2) the defendant has previously been found guilty for certain crimes, mostly theft related — 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. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Carlsbad, CA
We will fight against all sorts of vehicle theft crimes in Carlsbad, CA. The first one that probably comes to mind is grand theft auto, but that's actually not a law of its own. Grand theft auto is a smaller part of California's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. If the alleged offender wasn't going to keep 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 Carlsbad, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. In the same vein as receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or having the car or truck can result in these charges.
When you contact our law firm, you'll work with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Reach out now to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — 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 Carlsbad, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is one of the main vehicle theft laws in California. 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.
This charge is popular in Carlsbad, CA, courts as either a plea deal or as its own charge.
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. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
It's typical for joyriding to be treated as a misdemeanor in Carlsbad, CA. That said, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Temporarily deprive | Permenantly deprive |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and is often ineligible for probation.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
In Carlsbad, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you are in possession of a 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.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Carlsbad, CA
White collar crimes in Carlsbad, CA, vary widely in context and action, but each of them have one thing in common: abuse of an organization for personal gain.
Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering 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 are centered around the exchange of money, though (at least at first glance). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of someone's personal information. You can face either of these charges without having taken money from the alleged victim.
Forgery, Identity Theft, Fraud & More
White collar crimes carry severe consequences even without physical violence — incarceration, financial penalties, professional license revocation, and permanent stains on your reputation. 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 — Synopsis
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. These charges will include the element of deceit, breach of trust, or abuse of a position for personal gain. It's common for white collar crime cases in Carlsbad, CA, to require specialized experts on both the prosecution and defensive sides.
White collar cases are often investigated for months or even years before charges are filed. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. The sooner you bring in your legal defense, the better chance you have of a positive outcome.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; 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
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, employment restrictions
Money Laundering — California Penal Code § 186.10
Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It commonly consists of three steps: placement (adding the dirty money into the legitimate 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 statute specifically targets transactions of more than $5,000 when the alleged offender was aware that the money was dirty. Federal money laundering charges (18 U.S.C. § 1956) can also apply, which tends to have much harsher penalties.
Potential Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law criminalizes bribery in many contexts — elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Regardless of what position you're in, a Carlsbad, CA, theft crimes lawyer is critical to protect you from the prosecution.
Who can face bribery charges? Both the person offering the bribe and the person accepting it can be charged in Carlsbad, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Carlsbad, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. California's forgery statute is broad and covers checks, receipts, contracts, deeds, power of attorney documents, court orders, prescriptions, identification documents, and many other types of written instruments.
Critical point: The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. The intent to defraud, combined with the creation or use of the false item, is sufficient for a conviction.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Carlsbad, 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 — to perform a restricted activity, including obtaining credit, property, services, or medical information.
Important factor: You can be found guilty even if the alleged victim didn't lose any money. Just obtaining and using someone else's information without authorization is enough to warrant a crime under California statute § 530.5. This makes it critical to work with an expert theft crimes lawyer regardless of the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Carlsbad, CA, and increasingly involve 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 Carlsbad, CA
Fraud is one of the most common white collar crimes in Carlsbad, CA, and it has several subcategories. Generally speaking, someone 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 a basic type of this crime.
Insurance fraud is a popular type of fraud in Carlsbad, CA, wherein someone lies on an insurance claim to increase their benefit. As an 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 claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another common variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. 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.
Different Kinds of Fraud, False Pretenses & Financial Deception
Fraud charges in Carlsbad, CA, cover a vast range of conduct — from simple misrepresentations to elaborate financial schemes. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Many "fraud" charges in Carlsbad fall under California's 'theft by false pretenses' law. This is when a person intentionally deceives another through false statements or misrepresentations, who then freely gives up something of value based on the false information. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
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.
If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.
Insurance Fraud — California Penal Code § 550
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. The Carlsbad, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. An expert theft crimes lawyer will defend your freedom and explore all avenues to help you find the best outcome possible
Common examples include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; fabricating injuries; 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 Carlsbad, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. Charges can occur if someone is caught using another individual's card without authorization, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or illegally acquiring or selling card account information.
Regarding federal charges: It's common in California credit card fraud cases for there to also be federal charges, especially when cards are used across state lines or online. 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
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; not reporting new circumstances that would end benefits eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A leading Carlsbad, CA, theft crimes lawyer can push back against the prosecution's case and find you alternative paths forward.
Possible Penalties:
- Under $950 (most often): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Carlsbad, 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, a patient must be predicted to pass away within half a year if their current health conditions progress in a typically expected manner — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. Carlsbad, 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.
Important Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
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 allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's Medicare program. 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 Carlsbad, 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. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Critical Note: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. You can be accused of breaking this law whether you gave or received the money.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Ineligibility 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. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Carlsbad, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Healthcare providers, billing organizations, office workers, and clerks have all found themselves accused of health care fraud in the past.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare reimbursement, a patient must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.
Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Carlsbad, CA. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Warning: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — 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 Carlsbad, CA
There is often a crossover between theft and violent crime charges in Carlsbad, 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. This is in contrast to burglary, where the alleged victim is not present during the act. 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 threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. You're almost guaranteed to be facing felony charges. It's essential to get a theft crimes lawyer in Carlsbad, CA to protect your freedom.
Robbery — California Penal Code § 211
Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. Robbery is always a felony and always a strike offense.
Your robbery charge in Carlsbad, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.
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
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
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 Carlsbad, CA
Burglary is often charged along with theft in Carlsbad, CA. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. This is commonly a structure, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. 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. 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 Carlsbad, 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 the process of a theft. It's common to face burglary and vandalism charges together in Carlsbad, CA, heightening your need for an experienced theft crimes lawyer to protect your rights.
Lastly, even if you don't commit a theft, you can face related charges in Carlsbad, CA. What can lead to this? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
California burglary law is broader than most people realize — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.
Residential Burglary (First Degree) — California Penal Code § 459
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location is 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 Carlsbad, 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 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.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Carlsbad, CA prosecutor interprets the circumstances.
Common misconception: The vehicle must be locked for a burglary charge to apply. This is still against the law, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
At the intersection of burglary and violent crimes are home invasion charges. Carlsbad, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are up against home invasion charges, you need defense attorneys that can give you top-quality service, and you need them as soon as possible.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. You need a Carlsbad, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. California law makes it illegal to hide, purchase, sell, or otherwise possess stolen property, regardless of whether or not you're the one who stole it.
Receiving stolen property charges can fall apart if you can prove you weren't aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without knowing their full history, or from unknown sellers, does not automatically mean you had knowledge of theft.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
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 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 usually charged as a misdemeanor or infraction. However, Carlsbad, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.
Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Due to this the theft of even a low-value 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.
As if fighting the charges in your local Carlsbad, CA court weren't bad enough, you could also find yourself up against federal charges. The potential dual nature of these charges multiplies the complexity. And it's even more essential to work with an attorney with the skills to fight for you at all levels.
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
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.
The prosecution in Carlsbad, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Caregiver overcharging for services; family member using power of attorney to take money; contractor overcharging vulnerable seniors; 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 Carlsbad, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. If you allegedly broke into a business building during a wildfire and took some of its merchandise, you could face looting allegations.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Trying to steal something and failing is still a crime in Carlsbad, CA. Attempted theft, burglary, or robbery in California needs to include: (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 attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
Attempted burglary and attempted robbery are still strike offenses in California. 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 reach out to the Law Offices of David S. Chesley, you can speak with an expert theft crimes lawyer in Carlsbad, 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.
What to Do if You're Accused of Theft
Theft allegations are just the tip of the iceberg. You're up against the Carlsbad, CA, prosecutor's office, not everyone will believe your side of the story, and you need to defend your reputation as well as your innocence. Trying to handle it yourself, the odds can seem insurmountable.
But you're not alone. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. With one of our Carlsbad, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. Here are the steps we recommend taking:
1. Obey the Arresting Officer's Instructions
Nobody wants to be arrested. However, don't resist. If you act civilly, it will make things go faster and easier. Refusing to comply can only make things worse.
2. Remain Calm and Stay Silent
It's common for police to interview you after an arrest – stay silent. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be charged with perjury.
3. Reach Out to a Carlsbad, CA, Theft Crimes Defense Attorney Right Away
In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. 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 firm's 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. Cooperate With Your Attorney to Create a Defense Strategy
This is perhaps the most important step: building a defense against the charges. An accomplished theft crimes lawyer in Carlsbad, CA, will take the time to listen to you, negotiate with the prosecution, and fight for a dismissal wherever possible.
How Our Theft Lawyers Fight Against These Charges
Every theft case is different — and every defense strategy needs to be tailored to the specific details, proof, and charges. If you're up against theft allegations in Carlsbad, 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. In Carlsbad, 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. Similar defenses consist of: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. This is a key part of nearly all theft defenses, particularly in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Defense Application:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In theft and burglary cases, the Carlsbad, CA, police department will gather evidence through searches. If the authorities broke the law, the evidence can be thrown out and the prosecution may not be able to move forward with your case.
Common suppression issues in theft and property crime cases include: warrantless searches of vehicles, homes, or persons without valid legal justification; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the scope of a valid warrant. In Carlsbad, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
If this applies to your case, it can be a major win for your defense. Even partial suppression — eliminating a single piece of highly damaging evidence — can substantially change the outcome. Suppression motions are fully litigated in Carlsbad, CA, courts, and frequently come up in theft cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can result from personal arguments, witnesses mistaking the defendant for someone else, misunderstandings about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. Even if you're innocent, you're still at risk of going to prison for something you didn't do — without a strong defensive strategy, you're gambling with your freedom.
False accusations in Carlsbad, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, in scenarios of poor visibility, or when things moved too fast. 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 Carlsbad, CA, court.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the person making the allegations; presenting expert testimony on the issues with eyewitness testimony; and highlighting inconsistencies between witness statements made at different points in time.
If you have been falsely accused: Stay away from witnesses, do not try to build your defense on your own, and do not talk to the police without your theft crimes lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Contact defense counsel immediately and say nothing.
Lack of Knowledge — If you merely were holding property that turned out to be stolen, the prosecution must prove you knew the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — Consent 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 offenders with no prior offenses, California offers sentencing alternatives that can protect you from a conviction. We identify every diversion opportunity available in your specific case.
Disputing the Property Valuation — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We'll show the true value of the property and argue for lesser charges.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — as a more recent restriction — in several cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
When you work with a theft lawyer to clear your record, you can look forward to the following perks: Of note, job applications become a lot easier, as you won't have to mention your conviction. That said, expungement does not seal a criminal record from all access — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.
Critical Note: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is the total removal of the record, to be able to legally own a gun again, or clearing a prior strike, you will need a different method of expungement. 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: Still restricted from owning guns, and the police can still review these records
Carlsbad, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Carlsbad, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. 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. 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.
Does California allow me to expunge my record from a theft crime?
Often, 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. Our firm offers full expungement services.
What should I expect from first-time shoplifting charges in Carlsbad, 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 protecting your record.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely didn't know and didn't have a reason to suspect it, that is a strong defense. We often use this as a way to protect our clients from accusations. However, circumstances like strangely good deal or lack of receipts can erode your case, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Carlsbad, CA?
Extremely. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have a criminal record, you may also face enhanced sentencing. Call one of our attorneys immediately if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
Not necessarily. Carlsbad, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact us to review what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether you actually took anything doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. Because of this, intent evidence — and challenging how it's proven — is critical to burglary defense.
Up Against Theft Charges in Carlsbad, CA? Contact Us Right Away.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our firm is equipped to defend you — whenver you need help. You can call our attorneys today to start building your defense.
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