Theft Lawyer El Cajon, CA. Being arrested for theft is just the beginning . It's easy to feel lost when you're up against theft charges. On your own, it can feel impossible to win.
Even when all hope seems lost, there is an option who will fight for you: 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 El Cajon, CA, theft crimes lawyer from our team building your defense, you can rest assured that you're getting expert legal representation.
Speak with a theft crimes attorney now at (800) 755-5174 or send us a note online for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.
The Importance of a Theft Lawyer in El Cajon, CA
You should never take theft allegations lightly, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to decipher a intricate legal code and make it more likely that you'll face the following:
- Prison Sentence: Jail time is a common consequence for theft in El Cajon, CA.
- Fines: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
- Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished El Cajon, CA, theft crimes lawyer. 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 El Cajon, CA Theft Defense Lawyers
Picking the right El Cajon, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and the difference it will make for your case:
- Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
- Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the El Cajon, CA prosecutors and judges, which we will use when securing plea deals.
- Trial-Ready From Day One — No matter what the charge is, we prepare as if for a trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Record Expungement Services — Our representation doesn't end at the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – well-respected amongst both clients and peers.
- Ready for Your Call Right Away — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
- Fully 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 Will Fight in El Cajon, CA
Click any charge below to navigate directly to a full explanation of the law, penalties, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Major El Cajon, CA, Theft Crimes We Defend Against
With over 50 years of combined legal experience, we have what it takes to protect your rights. Should you need a theft crimes lawyer in El Cajon, CA, don't hesitate: contact us now for a no obligation review of your case.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: 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 main difference is the amount that was supposedly taken: For values $950 and under, the classification will normally be petty theft, while higher values will typically be grand theft.
Defending petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. On the other hand, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. 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:
| Alleged Violation | 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. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local El Cajon, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) has been a target of recent California laws, and is prosecuted harshly in El Cajon, CA.
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
Defense options include: No intention to steal, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
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 El Cajon, 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 activate this sentencing enhancement, the El Cajon, CA, district attorney must establish: (1) the accused performed petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in El Cajon, CA
We will fight against all sorts of vehicle theft crimes in El Cajon, CA. The first one that probably comes to mind is grand theft auto, but that's technically not its own charge. 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.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If the defendant did intend to return it, they're probably going to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, in El Cajon, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or keeping the car or truck can result in these charges.
When you contact our law firm, you'll get a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Call now to start making your case.
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 — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. This means even stealing a beater worth $200 can result in a grand theft auto charge.
Grand theft auto and joyriding have a close relationship in El Cajon, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.
Potential Penalties:
- Charge Type: Wobbler (usually felony in El Cajon, 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. 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. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
In El Cajon, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. 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
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have a vehicle that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The state must prove were aware that the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in El Cajon, CA
White collar crimes in El Cajon, CA, can look very different from each other, but they all share one thing in common: taking advantage of one's position within an organization to benefit oneself, illegally.
Several white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes are centered around the exchange of money, though (at least at face value). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing someone's personal information. You can face either of these charges without having taken money from the alleged victim.
Forgery, Money Laundering, Fraud & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — prison sentences, financial penalties, major career setbacks, and long-lasting stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.
White Collar Crimes — Overview
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a professional for personal gain. These cases are some of the most complicated in El Cajon, CA, and normally require highly experienced representation to defend.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The key element is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Hypothetical examples: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; 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, loss of professional licenses
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 is made up of three stages: placement (adding the dirty money into the legitimate financial system), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering law is set to combat transactions of more than $5,000 conducted with knowledge that the money was obtained through criminal activity. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or 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 exchange for influencing the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, a El Cajon, CA, theft crimes lawyer is essential to protect you from the prosecution.
Important: Whether you offered or accepted a bribe, you could face charges in El Cajon, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Forgery involves creating, altering, or using a false document with intent to defraud. California's forgery statute is broad and covers checks, money orders, contracts, vehicle titles, wills, warrants, notary public symbols, identification documents, and many other types of written instruments.
What if I didn't steal anything with it? The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. The intent to defraud, combined with the creation or use of the forged document, is enough to be convicted.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in El Cajon, CA if you use someone else's personal information without permission to perform a restricted activity, such as obtaining credit, goods, 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 permission is enough to violate California statute § 530.5. This makes it critical to hire an expert theft crimes lawyer regardless of the specifics of your case.
El Cajon, CA, identity theft allegations are very serious, and often involve 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 El Cajon, CA
Fraud is one of the most common white collar crimes in El Cajon, CA, and it has several subcategories. Broadly speaking, a person who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is a popular type of fraud in El Cajon, CA, wherein someone lies to an insurance company to collect more money than they are supposed to. For example, if someone were to hide their valuable property and claim it was stollen, that person is guilty of insurance fraud.
A related fraud crime is welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another notable variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in El Cajon, CA — from simple misrepresentations to elaborate financial schemes. 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
Theft by false pretenses — the foundational fraud offense — occurs when one person lies to someone else, leading to the second person willingly giving away goods or services. 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: Lying about being a contest winner; misrepresenting credentials to get paid for work; creating fake invoices; 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 how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
Lying to an insurance company to receive a payout or other benefit is insurance fraud. The El Cajon, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. An experienced theft crimes lawyer will defend your freedom and explore all avenues to help you find the best outcome possible
Typical forms include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; double billing for a health service.
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: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
In El Cajon, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. This includes using someone else's card without authorization, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently 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 the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Charges of welfare fraud in El Cajon, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Failing to report income; misrepresenting household composition; 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.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. A local El Cajon, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.
Possible Penalties:
- Under $950 (typically): 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 occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, the person being treated must have a projected lifespan of six months or less if their current health conditions progress in a typically expected manner — many hospice fraud cases are the result of these predictions being inaccurate.
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. These accusations are particularly dangerous because they are often charged in federal court in El Cajon, CA, meaning you're up against very difficult odds.
Warning: 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.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. 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 El Cajon, CA theft lawyer who has your back.
Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.
Important: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Providers and referrers are both at risk of prosecution under these circumstances.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Ineligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically outlaws situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. These are some of the most complicated cases to defend in El Cajon, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing organizations, office managers, and clerical staff have all been accused of this violation at various points in time.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, a patient must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.
One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Home health fraud charges in El Cajon, 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. 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 Fight in El Cajon, CA
Violent crime charges and theft charges often go hand in hand in El Cajon, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
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 is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The alleged offender doesn't necessarily need to threaten physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person 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. Your El Cajon, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. 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
A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to release private photos unless money is provided; threatening to deny someone a rightful certification unless special favors are given.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in El Cajon, CA
Burglary charges in El Cajon, CA, are distinct from theft, but often go hand-in-hand. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. In most cases, this is a structure, like a retail store (which would make it commercial burglary), but not always. For example, if you supposedly smashed a car window to take something from the glovebox, that would fall under burglary of a vehicle.
Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Because of 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 also involves the theft of items from a store, similar to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Today, shoplifting is no longer a subset of burglary offenses in El Cajon, 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 kicking in a door to burglarize someone's home. It's common to face burglary and vandalism charges together in El Cajon, CA, making it all the more important to get a top quality theft crimes lawyer to fight for your freedom.
Lastly, you can face theft charges in El Cajon, CA, even if you didn't steal anything yourself. 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
El Cajon, CA burglary charges can be wildly different from one another, and may not even involve theft — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence while planning to commit a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is what matters.
Residential burglary is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and El Cajon, 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. You could face either misdemeanor or felony charges for this offense.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
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.
Key distinction: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. 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
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under 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 facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.
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. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. 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.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) 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 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.
While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
Without compounding charges, trespassing is most often charged as a misdemeanor or infraction. However, El Cajon, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.
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. Because of this stealing even a nearly worthless firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
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 find an attorney with the skills to fight for you at all levels.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). 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 El Cajon, 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.
Examples: Caregiver overcharging for services; family member exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; impostor pretends to be a law enforcement official.
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. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
In El Cajon, 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 El Cajon while it's at its most vulnerable, and judges are never pleased by this. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. 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 — whatever the outcome was.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
No matter what you've been accused of, when you contact us, you can talk to an expert theft crimes lawyer in El Cajon, CA, who will help you break down and navigate the charges. As a team, we will fight for the best outcomes possible in your case.
Steps to Take When Accused of Theft
Theft allegations are just the tip of the iceberg. There could be a warrant out for your arrest, the alleged victim is accusing you, and the collateral consequences could be devastating. Without help, the odds can seem insurmountable.
But you have an ally. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a El Cajon, CA, theft crimes lawyer who will listen to your story and advocate for your rights. To get started, use the five steps below to protect your freedom and avoid common pitfalls:
1. Obey the Arresting Officer's Instructions
While it's reasonable to feel angry about being arrested, don't resist. If you act civilly, it will make things go faster and easier. Fighting back can only get you into more trouble.
2. Keep Calm and Don't Talk
There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and you say something untruthful, you can be charged with perjury.
3. Contact a El Cajon, CA, Theft Crimes Defense Attorney ASAP
In California, people who have been arrested are given three phone calls. 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. We are available at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will argue against the prosecution for your release. Your rights and freedom matter, no matter what you've been accused of.
5. Cooperate With Your Attorney to Create a Defense Strategy
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in El Cajon, CA, will hear your side of the story, negotiate for deals with the prosecution, and fight for a dismissal wherever possible.
Theft Lawyer Defensive Strategies
Your case is unique — and your defense strategy needs to be oriented to the specific facts, proof, and allegations. Here are the major defense approaches our attorneys use to fight theft charges in El Cajon, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
One of the most powerful defenses in any theft case is the absence of criminal intent. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
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 include: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key point: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving property disputes, family conflicts, and many civil debt situations.
Using This Defense:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, the El Cajon, CA, police department will gather evidence through searches. If the investigators didn't follow the rules, the evidence can be thrown out and the state may be unable to proceed.
Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legitimate warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
If this applies to your case, it can be a major win for your defense. Even partial suppression — if the court allows some evidence but not all of it — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in El Cajon, 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, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out
False Accusation / Misidentification
The El Cajon, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can come from personal arguments, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.
One of the ways that innocent people are commonly accused in El Cajon, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, if they didn't have a clear sightline, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); 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 different witnesses' versions of events.
If you are falsely accused: Do not confront witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to police without your theft attorney present. You might make a mistake, or the police might misinterpret something you say. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — For some charges, the state must prove you were aware that the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.
Consent / Permission — Consent regarding your use of the property is a strong defense in El Cajon, CA, theft cases. It's not illegal to use someone else's property if you had permission.
Rights 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.
Sentencing Alternatives — Particularly for offenders with no prior offenses, California offers diversion programs that can protect you from a conviction. If you are eligible, we will explore it as an option to protect your freedom.
Arguing the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. 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, certain individuals with theft convictions can ask for their pleas to be removed — 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, including fines and restitution; not have any pending criminal charges against you; and — as a more recent restriction — in several cases, must not have been incarcerated in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.
Expungement under § 1203.4 carries meaningful practical benefits: In particular, job applications become a lot easier, as you won't have to mention your conviction. However, expungement does not seal a criminal record from all access — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in El Cajon, 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 for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. 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: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-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 El Cajon, CA
Is there a difference between petty theft and grand theft in El Cajon, California?
How much was allegedly stolen determines the specific theft charge. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Anything over $950, guns, or vehicles all result in grand theft charges, which 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.
Can a theft charge be expunged from my record in California?
In many cases, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.
What should I expect from first-time shoplifting charges in El Cajon, CA?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. Our theft crimes attorneys can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you genuinely didn't know and had no reasonable basis to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. However, circumstances like an unusually low price or lack of receipts can lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in El Cajon, CA?
Very serious. In El Cajon, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you could be up against increased sentences. Call one of our theft crimes lawyers right away at (800) 755-5174.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
It depends, but it is not always the case. 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 our firm to review what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether you stole something or not is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and how it's presented — is central to burglary defense.
Accused of Theft in El Cajon, CA? Call Our Firm to Protect Your Rights.
There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is equipped to defend you — whenver you need help. Your first consultation is completely free and confidential.
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