Theft Lawyer Costa Mesa, CA. When you are charged with a crime in Costa Mesa, it's easy to feel overwhelmed. If you're facing theft allegations, the system can move against you extremely fast. It can seem like there's no way out.
Even when everything else seems to be going wrong, there is an option who will fight for you: The Law Offices of David S. Chesley. Our lawyers have extensive experience defending clients against all manner of theft crime charges. With a Costa Mesa, CA, theft crimes lawyer from our team on your case, you don't have to worry about how you'll handle things alone anymore.
Talk to a lawyer now at (800) 755-5174 or use our contact form for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.
Why You Need a Leading Costa Mesa, CA, Theft Defense Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to navigate a convoluted legal code and increase your risk of the following penalties:
- Jail Sentence: Most theft charges in Costa Mesa, CA, carry a potential jail sentence of six months or more.
- Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
A Costa Mesa, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:
Why You Should Hire Our Costa Mesa, CA Theft Defense Lawyers
Working with our expert Costa Mesa, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and why it matters for your theft case:
- Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We know common weak points and how to attack the prosecution's case.
- Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Costa Mesa, CA prosecutors and judges, which we will use when securing plea deals.
- Prepared to Fight Your Case at Trial — We prepare every case as if it's going to trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- Record Expungement Services — Even after the fact, we're still here to help. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Stellar Reputation – We deliver results, and are known for doing so.
- Ready for Your Call Right Away — We know that arrests don't happen on a schedule. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
- Completely Private — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.
Theft Charges We Will Fight in Costa Mesa, CA
Use the links below to navigate directly to a full breakdown of the law, consequences, and how we defend it.
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
Costa Mesa, CA, Theft Allegations We Defend Against
Our attorneys know how to fight theft crime cases. if you require a theft crimes lawyer in Costa Mesa, CA, don't wait: contact us now for a no obligation review of your case.
Below are some of the main theft crime accusations we fight against in Costa Mesa, CA:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in Costa Mesa, CA, odds are high you're facing one of these two: Petty theft and grand theft. You can face these charges for taking someone's possessions without permission. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the classification will ordinarily be petty theft, while any more will normally be grand theft.
Fighting petty theft allegations is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, 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:
| Criminal Charge | 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.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Today, most shoplifting charges are misdemeanors. That said, felony charges can still be applied in certain situations, like an organized shoplifting ring. Whether you're up against a felony or misdemeanor charge, a local Costa Mesa, 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 an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.
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 include: Lack of intent to steal, mistake of fact, 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 charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Not every prior offense in Costa Mesa, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
To charge PC § 666, the Costa Mesa, CA, district attorney must establish: (1) the suspect committed petty theft; and (2) the accused has previously been found guilty for certain crimes, mostly theft related — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Costa Mesa, CA
There are several vehicle theft charges we defend in Costa Mesa, CA. One of the ones people commonly think of is grand theft auto, but that's technically not a unique charge. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. If they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, joyriding charges are almost always better to face in Costa Mesa, 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 can be convicted even if you didn't take an active part in the theft. Even just owning or having the vehicle is enough for a conviction.
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. Contact us today 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.
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 Costa Mesa, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is one of the main vehicle theft laws in California. It covers situations where the alleged offender both did and didn't intend to return the vehicle. This law is relevant any time someone allegedly drives a vehicle without permission.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
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 Costa Mesa, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In most circumstances, Costa Mesa, 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 | Return the vehicle afterwards | Keep the vehicle forever |
| Typical 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. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Costa Mesa, CA prosecutor is likely going to pick carjacking over another offense. Because this action involves violence, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
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 Costa Mesa, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have a automobile that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. 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.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Defend in Costa Mesa, CA
White collar crimes in Costa Mesa, CA, can be any one of a variety of charges, but all of them have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. 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 is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.
Not all white-collar crimes are transactional in nature, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, and identity theft involves stealing 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 Costa Mesa, CA, but you'd be wrong. The punishments can be dire — incarceration, massive fines, professional license revocation, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.
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. These cases are some of the most complicated in Costa Mesa, CA, and normally require highly experienced representation to defend.
In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. Call us now if you have any reason to believe the police are looking into you. In some cases, we can intervene early and prevent charges from even being filed.
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 — 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 charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, employment restrictions
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It typically consists of three stages: placement (bringing the illegally-obtained money into the economy), layering (disguising the trail through complex transactions), and integration (making the funds appear legitimate).
California's money laundering statute aims at transactions higher than $5,000 conducted with knowledge that the money was obtained through criminal activity. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.
Potential Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — elected officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Whatever position you're in, a Costa Mesa, CA, theft crimes lawyer is important to protect you from the prosecution.
What if they didn't accept the bribe? Whether you offered or accepted a bribe, you could face charges in Costa Mesa, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Costa Mesa, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers checks, receipts, stock certificates, vehicle titles, wills, warrants, prescriptions, identification documents, and many other types of written instruments.
Who can face forgery charges? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, in addition to the act of creating or using the forged document, is sufficient for a conviction.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Costa Mesa, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.
Important factor: No financial loss to the victim has to occur for a conviction. Just taking and using another individual's information without permission is enough to warrant a crime under California law. This makes it critical to work with an expert theft crimes lawyer whatever the details of your case.
Identity theft accusations are aggressively prosecuted in Costa Mesa, CA, and increasingly result in federal charges when conducted online, across state lines, or at scale.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Costa Mesa, CA
Fraud is one of the most common white collar crimes in Costa Mesa, CA, and it has several subcategories. Generally speaking, a person who commits theft by acting dishonestly in order to get another person to give away 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 on an insurance claim to increase their benefit. 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 claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another notable variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.
An expert theft crimes lawyer in Costa Mesa, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.
Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Costa Mesa, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Many "fraud" charges in Costa Mesa fall under California's 'theft by false pretenses' law. This is when one person tricks another person through disonest means, 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; pretending to be a tech support assistant; pitching investments based on false information; 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
Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in Costa Mesa, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will defend your freedom and negotiation with the prosecutor to help you find the best outcome possible
Frequent forms include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; double billing for a health service.
Possible Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or twice what was defrauded
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: Loss of professional licenses
Credit Card Fraud — California Penal Code § 484e–484j
You can face credit card fraud charges in Costa Mesa, CA, for a variety of actions done with a credit or debit card. Charges can occur if someone is caught using someone else's card without consent, using a fake card or one acquired by theft, charging to an account when you don't have the card, or illegally acquiring or selling card account information.
Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, especially when cards are used across state lines or online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.
Possible Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
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: Failing to report income; using fake identities to collect extra benefits; using another person's EBT card; falsely claiming a dependent child; not reporting new circumstances that would end benefits 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. A leading Costa Mesa, CA, theft crimes lawyer can push back against the prosecution's case and boost your chances of a positive outcome.
Potential Penalties:
- Under $950 (usually): 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 Costa Mesa, 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 legally receiveMedicare hospice benefits, the recipient must have a terminal prognosis of six months or less to live if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. Costa Mesa, 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: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. 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)
- 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 Costa Mesa, CA theft lawyer who has your back.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. 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 Costa Mesa, CA theft lawyer immediately.
Warning: 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. You can be accused of breaking this law whether you gave or received the money.
Possible Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. These are some of the most complicated cases to defend in Costa Mesa, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office managers, and clerks have all found themselves accused of health care fraud in the past.
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 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 reimbursement, the person receiving care must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.
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. Home health fraud charges in Costa Mesa, 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 — and a Stark Law violation does not require proof of intent.
Possible Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Fight in Costa Mesa, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Costa Mesa, CA. This can occur if you're charged with robbery. A person commits robbery when they take something directly from another person by force. This is in contrast to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
However, some thefts which did not start out violent can end up involving violence. 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 relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. For 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 Costa Mesa, CA to protect your freedom.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. All robbery charges in California are felonies.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
Possible Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to report someone for a crime unless paid; threatening to release private photos unless money is provided; threatening to harm someone's reputation unless granted a professional favor.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Costa Mesa, CA
Burglary charges in Costa Mesa, CA, are distinct from theft, but often go hand-in-hand. California defines burglary as entering a location without permission in order to steal something or commit another crime. This is commonly a building, like a convenience store (which would make it commercial burglary), but not always. For example, if you supposedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.
Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Due to this, what you were allegedly planning to do in a location can be just as important as how you got access to it.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But 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 Costa Mesa, CA, and faces more lenient penalties if convicted.
Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to in order to steal from the building. It's common to face burglary and vandalism charges together in Costa Mesa, CA, doubling the importance of working with a top quality theft crimes lawyer to fight for your freedom.
Lastly, there is a theft charge you can be accused of in Costa Mesa, CA, even if you didn't steal something. 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
People commonly think of burglary as entering someone's house to commit theft, but that's not how Costa Mesa, CA law works — 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
In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place for the purpose of committing a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is the key to burglary charges.
This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Costa Mesa, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison Sentence: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not eligible for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Your theft crimes lawyer in Costa Mesa, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.
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. This charge commonly arises when someone smashes a car window to take items left inside. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Common misconception: 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. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.
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 fighting home invasion charges, you need a law firm with a track record of success, and you need them immediately.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Your Costa Mesa, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. Buying, selling, or disguising something that was stolen can lead to these charges.
The prosecution must prove you knew — or had reason to know — the property was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, 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
Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
On its own, trespassing is typically charged as a misdemeanor or infraction. However, Costa Mesa, 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: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
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. This means the theft of even a low-value firearm will end up with a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
To make things worse, you may also have to fight in federal court. The potential dual nature of these charges multiplies the complexity. And it's even more important to work with an attorney who is able to protect you from even the toughest opponents.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.
The prosecution in Costa Mesa, 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 can complicate cases further.
Common scenarios: Caregiver overcharging for services; family member doesn't provide an agreed upon level of care; contractor overcharging vulnerable seniors; phising emails that impersonate loved ones.
Potential Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
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.
In Costa Mesa, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. Looting is considered a way of taking advantage of Costa Mesa while it's at its most vulnerable, and judges are never pleased by this. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. For it to be considered an attempt, the prosecution needs to prove two things: (1) the desire to break the law, and (2) a tangible step is taken towards breaking the law — regardless of whether it was successful or not.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So attempted robbery carries half the prison exposure of robbery. 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.
Regardless of what charge you're facing, when you contact us, you can connect with an expert theft crimes lawyer in Costa Mesa, CA, who will help you break down and navigate the charges. Together, we will fight for the best outcomes possible in your case.
5 Steps to Take When Accused of Theft
Theft allegations are just the tip of the iceberg. The Costa Mesa, CA, government is after you, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. Without help, it can seem impossible.
But you have another option. The Law Offices of David S. Chesley is here to help. A Costa Mesa, CA, theft crimes lawyer from our team will guide you on how to navigate your case. If you're up against theft crime accusations, here are our recommendations:
1. Obey the Arresting Officer's Instructions
Nobody wants to be arrested. However, don't resist. Be polite and respectful during the process. Fighting back can only make things worse.
2. Stay Calm and Stay Silent
It's common for police to interview you after an arrest – 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 you say something untruthful, you can be charged with perjury.
3. Reach Out to a Costa Mesa, 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
Your lawyer can help argue for your release at a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Coordinate With Your Attorney to Make a Personalized Defense
Finally, you work with your attorney to craft a strong defense. A skillful theft crimes lawyer in Costa Mesa, CA, will listen to your story, negotiate with the state, and argue for charges to be dismissed whenever possible.
Theft Lawyer Defensive Strategies
As expert theft crime attorneys, we know that each case's defense strategy must be adapted to the specific facts, evidence, and accusations. Below, you can read about some of the popular ways we will fight theft cases in Costa Mesa, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. In Costa Mesa, 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.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key point: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. It is often the strongest available defense, especially in cases involving property disputes, family conflicts, and many civil debt situations.
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, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities violated constitutional requirements, the evidence can be suppressed and the state may not be able to move forward with your case.
Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the limits of a legitimate warrant. In Costa Mesa, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
If this applies to your case, it can be a major win for your defense. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Costa Mesa, CA, courts, and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
- 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
The Costa Mesa, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can stem from personal arguments, misidentification by witnesses, misunderstandings about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — without a strong defensive strategy, you're gambling with your freedom.
Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Costa Mesa, CA, court.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; showing issues with how eyewitness identifications were obtained; attacking the character of alleged victim; presenting expert testimony on the issues with eyewitness testimony; and challenging 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 talk to the police without your theft defense lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — In some cases, the 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 regarding your use of the property is a strong defense in Costa Mesa, CA, theft cases. It's not illegal to use someone else's property if you had permission.
Constitutional Violations — We won't presume that all the evidence collected for your case is legitimate — we'll review everything and look for opportunities to have the evidence against you removed.
Sentencing Alternatives — Especially for offenders with no prior offenses, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. We identify every diversion opportunity available in your specific case.
Challenging the Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. You shouldn't face charges that are disproportionate to the alleged act.
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. 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 have any pending criminal charges against you; 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).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
Expungement under § 1203.4 carries meaningful practical benefits: Of note, you won't have to note any convictions on private job applications. However, the criminal record isn't entirely thrown away by expungement — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Costa Mesa, CA who don't break any other laws after finishing their sentence, if enough time has passed.
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 full sealing, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Costa Mesa, CA
Is there a difference between petty theft and grand theft in Costa Mesa, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Does California allow me to expunge my record from a theft crime?
In many cases, yes. For probation sentences, expungement is often offered conditionally upon your completion. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What should I expect from first-time shoplifting charges in Costa Mesa, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. An attorney can significantly improve your odds of avoiding a conviction and protecting your record.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely weren't aware 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 an unusually low price or lack of receipts can be used against you, which is why an attorney is essential.
How serious is a grand theft auto charge in Costa Mesa, 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. Get in touch with one of our theft crimes lawyers as soon as possible if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. 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. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Call us to review what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you stole something or not is irrelevant — the prosecution's goal is to show that you trespassed and had that event. Because of this, intent evidence — and challenging how it's proven — is critical to burglary defense.
Fighting Theft Allegations in Costa Mesa, CA? Contact Us to Protect Your Rights.
Every theft allegation is a big deal. The Law Offices of David S. Chesley is ready to defend you — no matter when you need us. Contact us now for a free, confidential case review.
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