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Theft Lawyer Escondido, CA. Accusations. Arrests. Criminal charges. Theft accusations in particular can be scary, because they are often layered with multiple charges. It might look like all hope is lost.

Even when you're at your lowest point, you have a path forward: The Law Offices of David S. Chesley. Our lawyers have what it takes to guard your freedom against the prosecution. With a Escondido, CA, theft crimes lawyer from our team at your side, you can rest assured that you're getting expert legal representation.

Talk to a theft crimes lawyer right away at (800) 755-5174 or send us a message about your case for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.

Why You Need a Leading Escondido, 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 decipher a intricate legal code and potentially set yourself up for the below consequences:

1. Jail Sentence: Jail time is a common consequence for theft in Escondido, CA.
2. Fines: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
3. Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
4. Stained Reputation: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
5. And more.

To maximize your chances of replacing these consequences with freedom, you'll need a Escondido, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Here's some of what sets us apart:

Why You Should Hire Our Escondido, CA Theft Defense Lawyers

Not every criminal defense firm is created equal. Here's what you get when you call us — and how it will impact your case:

• A Team Of 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.
• Deep Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
• Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
• Expungement Services — Even after the fact, we're still here to help. Don't let an arrest or criminal record hold you back — speak with one of our Escondido, CA, criminal defense attorneys to discuss expungement options.
• Excellent Reputation – We deliver results, and are known for doing so.
• Always Availalbe — Arrests happen at all hours. So do we. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
• 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 Defend in Escondido, CA

Click any charge below to navigate directly to a full explanation 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

Theft Charges We Fight in Escondido, CA

With over 50 years of combined legal experience, we have what it takes to protect your rights. If you need a theft crimes lawyer in Escondido, CA, act fast: Reach out now for a free consult to go over your charges.

Below are some of the main theft crime accusations we fight against in Escondido, CA:

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 when you weren't allowed to. The main difference is the amount that was supposedly taken: For anything $950 or less, the charges will typically be petty theft, while any more will ordinarily be grand theft.

Defending petty theft charges often lead to more positive outcomes, in part because they are often misdemeanors. On the other hand, fighting grand theft charges normally is a greater challenge, because it is more likely to be a felony. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

Below, we've written a table to summarize the differences between petty theft and grand theft:

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.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since Proposition 47, the majority of shoplifting cases 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 Escondido, CA theft crimes lawyer can help protect you from the worst consequences.

Organized retail theft (either a crime ring or repeated instances of shoplifting) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.

Shoplifting Possible Penalties:

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

Defense options are: Lack of intent 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 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 Escondido, 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 prosecution must establish: (1) the defendant engaged in petty theft; and (2) the suspect has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.

Possible Penalties:

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

Vehicle Theft Charges We Fight in Escondido, CA

There are several vehicle theft charges we defend in Escondido, CA. An example that many people ask about is grand theft auto, but that's actually not a unique charge. Grand theft auto is a smaller part 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.

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 alleged offender wasn't going to keep it, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, in Escondido, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.

One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. In the same vein as receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Just owning or having the car or truck is enough for a conviction.

When you work with us, you'll work with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Call today to start protecting your freedom.

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.

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).

Potential Penalties:

• Charge Type: Wobbler (usually felony in Escondido, 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. If you deprive someone of their vehicle with any intentions, this law applies.

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 refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. 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 Escondido, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.

In most circumstances, Escondido, CA, joyriding cases are handled as misdemeanors. That said, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.

Carjacking — California Penal Code § 215

Carjacking is one of the most serious vehicle-related charges in California. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Due to the violent nature of the crime, carjacking is always a felony and is often ineligible for probation.

A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.

Possible Penalties:

• Prison: 3, 5, or 9 years in state prison
• Enhancements: Additional years for weapon use or injury
• Three Strikes: Yes — counts as a strike offense
• Fines: Up to $10,000

Possession of a Stolen Vehicle — California Penal Code § 496d

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have or are storing a vehicle that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

This charge 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 prosecution must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.

Potential Penalties:

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

White Collar Crime Charges We Fight in Escondido, CA

White collar crimes in Escondido, CA, can be any one of a variety of charges, but all of them share one thing in common: abuse of an organization for personal gain.

Several white collar crimes center around taking or hiding money in some way. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering 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 transactional in nature, though (at least at first glance). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing someone's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.

Embezzlement, Money Laundering, Bribery & More

Despite there being no physical harm involved, white collar charges are treated harshly by the law — incarceration, financial penalties, professional license revocation, and permanent reputational damage. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.

White Collar Crimes — Overview

Individual "white collar crimes" can look very different from each other. These charges will include the element of deception, breach of trust, or abuse of a position for personal benefit. These cases are some of the most complicated in Escondido, 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. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. 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 main feature is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

Frequent embezzlement scenarios: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.

Potential Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• High Amounts: Enhanced sentences up to 10+ years
• Additional: Repay alleged victims, 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 commonly involves three steps: placement (adding the dirty money into the legitimate financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (using the funds for legitimate purchases, to further disguise them).

California's money laundering statute specifically targets transactions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.

Possible Penalties (State):

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

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

Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law criminalizes bribery in many contexts — government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Escondido, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.

Who can face bribery charges? Both the person offering the bribe and the person accepting it can be charged in Escondido, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting 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

Forgery involves creating, altering, or using a false document with intent to defraud. California's forgery statute is broad and covers checks, receipts, contracts, deeds, wills, warrants, notary public symbols, identification documents, and many other types of written instruments.

What if I didn't use the forged document? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, in addition to the creation or use of the false item, is sufficient to be convicted.

Possible Penalties:

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

Identity Theft — California Penal Code § 530.5

You can face identity theft allegations in Escondido, CA if you use someone else's personal information without permission to perform a restricted activity, including obtaining credit, goods, services, or medical information.

Crucially: No financial loss to the victim has to occur for a conviction. Simply obtaining and using another person's information without authorization is enough to warrant a crime under California statute § 530.5. Because of this, you need to work with an expert theft crimes lawyer whatever the particular of your case.

Escondido, CA, identity theft allegations are very serious, 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 Escondido, CA

Fraud is a frequent white collar crime charge in Escondido, CA, and can be divided into smaller categories of its own. Generally speaking, a person who commits theft by acting dishonestly so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is a basic type of this crime.

Insurance fraud is a specific variation where a person allegedly lies to an insurance company to collect more money than they are supposed to. As an example, if someone were to hide their valuable property and claim it was stollen, that person is guilty of insurance fraud.

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

Another common variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. 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 Escondido, 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.

Types of Fraud, False Pretenses & Financial Deception

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

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

Theft by false pretenses is one of the most common fraud charges in Escondido. These allegations are used when one person tricks another person through disonest means, leading to the second person willingly giving away goods or services. The key element is that the victim willingly hands over the property as a result of being deceived.

Common examples: Lying about being a contest winner; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.

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

Insurance Fraud — California Penal Code § 550

You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. If you're facing insurance fraud charges in Escondido, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

Frequent examples include: Staging or exaggerating auto accidents; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; workers' compensation fraud; health insurance billing fraud.

Possible Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or twice what was defrauded
• Restitution: Full repayment to insurer
• Additional: Career and job restrictions/penalties

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

Credit card fraud charges in Escondido, CA, go beyond credit cards and involve the misuse of financial account access information. Charges can occur if someone is caught using another individual's card without permission, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently taking or selling card account information.

Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when accounts are used across state lines or some part of the alleged crime occurred online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.

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 Escondido, 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; Trading or selling food stamps; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.

These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. Your premier Escondido, CA, theft crimes lawyer can push back against the prosecution's case and greatly improve your case's outlook.

Possible Penalties:

• Under $950 (most often): Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Repayment: Full restitution to the government

Additional: 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 qualify forMedicare hospice benefits, a patient must have a projected lifespan of six months or less if their current health conditions progress in a typically expected manner — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.

While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. These accusations are particularly dangerous because they are often charged in federal court in Escondido, CA, meaning you're up against very difficult odds.

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. Providers are often unaware that an investigation is underway until a search warrant is executed.

Potential Penalties:

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

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

Medicare fraud charges have particularly far-reaching consequences. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Escondido, CA.

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

Warning: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. 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: 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.

You can face federal charges in some cases, but it's more common for these to be state charges. California's statute 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. Without an expert Escondido, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Physicians, billing organizations, office workers, and clerks have all been accused of this violation at various points in time.

Potential Penalties:

• Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
• If Death Results: Up to life imprisonment (federal)
• State Felony: 2, 3, or 5 years (CA PC § 550)
• Fines: Up to $250,000 (individual) or $500,000 (organization)
• Additional: Restitution, professional license consequences

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

Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare reimbursement, the care recipient must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.

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. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Escondido, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Important: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. 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.

Potential Penalties:

• Federal Prison: Up to 10 years per count
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus penalties per false claim
• Administrative: Exclusion from Medicare/Medi-Cal; agency decertification

Violent Theft Charges We Defend in Escondido, CA

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

There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can 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. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. 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

If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. You're almost guaranteed to be facing felony charges. Immediate Escondido, CA, legal counsel is non-negotiable.

Robbery — California Penal Code § 211

Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. Robbery is always a felony and always a strike offense.

The state of California divides robbery charges into two degrees:

• First-Degree Robbery: This is charged when the alleged offense took place:
  1. In someone's house, vehicle, or other building,
  2. In a taxi, or
  3. While the alleged victim was using an ATM
• Second-Degree Robbery: This is charged in any other circumstances

The penalties are usually worse for first-degree robbery.

Possible Penalties:

• 1st Degree Prison: 3, 4, or 6 years
• 2nd Degree Prison: 2, 3, or 5 years
• Weapon Use: +3 to 10 years
• Three Strikes: Yes — serious felony

Extortion (Blackmail) — California Penal Code § 518

If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to report someone for a crime unless paid; threatening to damage someone's storefront unless they pay "protection money;" 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 Fight in Escondido, CA

Burglary is often charged along with theft in Escondido, CA. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. This is commonly a building, like a storefront (in which case it would be commercial burglary), but not always. For example, if you allegedly smashed a car window to take something from the glovebox, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.

Burglary Related Charges

Shoplifting 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. But as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. These changes had an immediate impact, even for people who had already been convicted. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Escondido, CA (except in extreme cases).

Vandalism also shares many qualities with burglary. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to burglarize someone's home. It's common to face burglary and vandalism charges together in Escondido, CA, doubling the importance of working with a top quality theft crimes lawyer to fight for your freedom.

Lastly, you can face theft charges in Escondido, CA, even if you didn't steal anything yourself. How does this happen? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.

Burglary, Home Invasion & Related Charges

Escondido, CA burglary charges can be wildly different from one another, and may not even involve theft — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.

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

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

Residential burglary is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Escondido, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Potential Penalties:

• Prison: 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. This charge is considered a wobbler and could be either a misdemeanor or a felony.

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

Possible Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. This charge commonly arises when someone smashes a car window to take items left inside. This could be either a misdemeanor or a felony, depending on how the Escondido, CA prosecutor interprets the circumstances.

Important note: Stealing from an unlocked vehicle does not qualify for a burglary charge. This is still against the law, 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.

As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, and you need them immediately.

Potential Penalties:

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

Property & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Your Escondido, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.

Receiving Stolen Property — California Penal Code § 496

You don't have to steal something to face theft-related criminal charges. Buying, selling, or disguising something that was stolen can lead to these charges.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.

Potential Penalties:

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

Vandalism — California Penal Code § 594

Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Escondido, CA.

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

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 many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.

Standing alone, trespassing is typically charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. 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: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.

Potential Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.

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

Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. Due to this the theft of even a nearly worthless firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.

As if fighting the charges in your local Escondido, CA court weren't bad enough, you could also find yourself up against federal charges. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more critical to work with an attorney who is able to protect you from even the toughest opponents.

Potential Penalties:

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

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

California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse (also known as theft from an elder) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.

This offense is aggressively prosecuted in Escondido, CA, and enhanced sentencing applies. Prison sentences can be increased even further if the alleged victim was 70 years or older. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.

Examples: Caregiver overcharging for services; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; impostor pretends to be a law enforcement official.

Possible Penalties:

• Base Sentence: Same as underlying theft offense
• Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
• Enhancement (70+): Additional consecutive years for large losses
• Civil Liability: Up to 3× damages in civil court

Looting — California Penal Code § 463

Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.

In Escondido, 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 Escondido 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

Trying to steal something and failing is still a crime in Escondido, CA. Attempted theft, burglary, or robbery in California needs to include: (1) the specific intent to commit the crime, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.

The general rule is that attempted crimes are punished at half the sentence of the completed offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.

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.

For any of the charges above, or more, when you reach out to the Law Offices of David S. Chesley, you can speak with an expert theft crimes lawyer in Escondido, CA, who has the training and experience needed to find a path forward. Together, we will fight for the best outcomes possible in your case.

What to Do if You're Accused of Theft

You need to take these accusations seriously. There could be a warrant out for your arrest, you could be facing major legal consequences, and you need to defend your reputation as well as your innocence. When you're alone, it can seem impossible.

But you have another option. You have the Law Offices of David S. Chesley on your side. A Escondido, 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 lead to additional charges.

2. Act Calm and Don't Talk

It's common for police to interview you after an arrest – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." 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 Escondido, 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. 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 theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. Your rights and freedom matter, no matter what you've been accused of.

5. Work With Your Attorney to Build Your Defense

This is perhaps the most important step: building a defense against the charges. A skilled theft crimes lawyer in Escondido, CA, will hear your side of the story, negotiate with the prosecution, and argue for charges to be dismissed wherever possible.

Powerful Defense Strategies for Theft Charges

As expert theft crime attorneys, we know that each case's defense strategy needs to be oriented to the specific details, circumstances, and charges. Here are the major defense approaches our attorneys use to fight theft charges in Escondido, 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. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. 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. More related defenses include: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).

Key principle: This is a major hurdle for the prosecution in any theft case. Challenging the intent element is not simply a fallback strategy. This is a key part of nearly all theft defenses, 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

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, how the evidence was obtained is just as important as what it is. If the investigators broke the law, the evidence can be thrown out and the district attorney may be unable to proceed.

Common suppression issues in theft and property crime cases include: warrantless searches of vehicles, homes, or persons without valid legal justification; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the scope of a legitimate warrant. In Escondido, 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.

When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — if the court allows some evidence but not all of it — can make a big difference. Suppression motions are fully litigated in Escondido, CA, courts, and frequently come up in theft cases.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

The Escondido, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can result from personal disagreements, cases of mistaken identity, mistaken assumptions about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.

One of the ways that innocent people are commonly accused in Escondido, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. 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 alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between different witnesses' versions of events.

If you are facing false allegations: Do not confront witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without your theft defense lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the state must prove you were aware that the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

Consent / Permission — Consent is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.

Rights Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.

Sentencing Alternatives — Especially for first-time offenders, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. If you are eligible, we will explore it as an option to protect your freedom.

Challenging the Value of Property — 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. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

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

Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in several cases, must not have served time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).

In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.

Here are some of the advantages of getting your theft conviction expunged: Of note, job applications become a lot easier, as you won't have to mention your conviction. 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 does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.

Important: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

• PC § 1203.4: Charges dismissed 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: Does not restore firearm rights or remove record from law enforcement databases

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Escondido, CA, Theft Crimes Frequently Asked Questions

What's the difference between petty theft and grand theft in Escondido, California?


What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Both require an attorney, but grand theft charges demand urgent and aggressive representation.

Is it possible to expunge a theft conviction in California?


In many cases, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. If you want to leave the past behind and move on with your life, this can be a major step forward. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.

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


You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. Working with a criminal defense lawyer 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?


Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you honestly didn't know and had no reasonable basis to suspect it, that is a strong defense. We often use this as a way to protect our clients from accusations. Keep in mind, though, that circumstances like an unusually low price or lack of receipts can erode your case, which is why an attorney is essential.

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


Very serious. In Escondido, 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 may also face enhanced sentencing. Call us right away 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. 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?


You can avoid jail in many cases, actually. Escondido, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call us to understand what options are available to you.

Can I be charged with burglary if I didn't steal anything?


Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you stole something or not doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and challenging how it's proven — is critical to burglary defense.

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Up Against Theft Charges in Escondido, CA? Contact Our Team Now.

Every theft allegation is a big deal. Our firm is prepared to defend you — 24 hours a day, 7 days a week. Call now for a no-obligation consult on your case.

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