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Theft Lawyer Hemet, CA. Nobody wants to be in a situation where they're facing criminal charges. It's easy to feel lost when you're up against theft charges. On your own, it can feel impossible to win.

Even when the charges are piling up against you, don't give up yet. You have a team who will defend your freedom: 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 Hemet, CA, theft crimes lawyer from our team on your case, you're going to get honest advice on how to get the best outcome possible.

Speak with an attorney today at (800) 755-5174 or send us a message about your case for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.

How a Hemet, CA, Theft Lawyer Can Help You

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 potentially set yourself up for the below consequences:

1. Jail Sentence: Jail time is a common consequence for theft in Hemet, CA.
2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
3. Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
4. Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
5. And more.

A Hemet, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:

What Sets the Law Offices of David S. Chesley Apart

Picking the right Hemet, CA theft crimes defense lawyer can make all the difference for your case. Here's what set us apart — and how it will impact your case:

• A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
• Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Hemet, CA prosecutors and judges, which we will use when securing plea deals.
• Defenses Built for 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.
• Record Expungement Services — Our representation doesn't end at the verdict. You deserve to move forward with your life, and we can help you do it.
• Superb Reputation – We are renowned professionally and by clients.
• 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.
• Entirely Private — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.

Theft Charges We Will Fight in Hemet, CA

Click any charge below to navigate directly to a full explanation of the law, consequences, 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

Theft Charges We Fight in Hemet, CA

Our attorneys know how to fight theft crime cases. if you require a theft crimes lawyer in Hemet, CA, don't wait: contact us now for a free consult to go over your charges.

Our lawyers can help you fight all of the following allegations:

Petty Theft Charges vs Grand Theft Charges

In Hemet, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without their consent. The main difference is the amount that was supposedly taken: For values $950 and under, the classification will ordinarily be petty theft, while any more will normally be grand theft.

Fighting petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. On the other hand, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, a skillful theft crimes lawyer can help you minimize penalties.

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

Shoplifting — Proposition 47 / Penal Code § 459.5

Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, most shoplifting charges are misdemeanors. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Regardless of what level of charge you're facing, a local Hemet, CA theft crimes lawyer can help protect you from the worst consequences.

Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in Hemet, CA.

Shoplifting Potential Penalties:

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

Defensive strategies consist of: Theft was unintentional, innocence, 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. This is one of the most common mechanisms used in Hemet, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.

To charge PC § 666, the Hemet, CA, district attorney must establish: (1) the accused performed petty theft; and (2) the suspect has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. 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 Hemet, CA

Whatever Hemet, CA, vehicle theft charge you're facing, we can help you fight it. One of the ones people commonly think of is grand theft auto, but that's actually not a unique charge. Grand theft auto comes from a section of the state's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. If they were only doing to drive it briefly and then bring it back, they're more likely to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, it's almost always better to be charged with joyriding in Hemet, CA, since the prosecution is more likely to assign that as a misdemeanor.

You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". 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 vehicle is enough for a conviction.

When you work with us, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Reach out now to start defending your rights.

Grand Theft Auto — California Penal Code § 487(d)(1)

Grand theft auto is not a standalone California crime — 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).

Possible Penalties:

• Charge Type: Wobbler (usually felony in Hemet, 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 commonly charged with or in place of grand theft auto. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. 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 is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Hemet, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.

It's typical for joyriding to be treated as a misdemeanor in Hemet, CA. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.

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. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Hemet, CA prosecutor is likely going to pick carjacking over another offense. Due to the violent nature of the crime, carjacking is always a felony and is often ineligible for probation.

Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.

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

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, 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 were aware that the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.

Potential Penalties:

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

White Collar Crime Charges We Fight in Hemet, CA

White collar crimes in Hemet, CA, vary widely in context and action, but they all share a common trait: misusing professional power for financial gain.

Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.

Not all white-collar crimes are centered around the exchange of money, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing another person's personal information. Note that no financial theft has to occur for a person to be charged with either of these.

Embezzlement, Identity Theft, Fraud & More

White collar crimes carry severe consequences even without physical violence — incarceration, massive fines, major career setbacks, and permanent 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

The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. These charges will include the element of deceit, breach of trust, or abuse of a professional for personal gain. It's common for white collar crime cases in Hemet, CA, to require specialized experts on both the prosecution and defensive sides.

White collar cases are often investigated for months or even years before charges are filed. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. The sooner you bring in your legal defense, the better chance you have of a positive outcome.

Embezzlement — California Penal Code § 503

Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.

Common contexts: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• High Amounts: Enhanced sentences up to 10+ years
• Additional: Financial recompensation, employment restrictions

Money Laundering — California Penal Code § 186.10

Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It usually is made up of three steps: placement (adding the dirty money into the legitimate financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (making the funds appear legitimate).

California's money laundering statute specifically targets financial actions over $5,000 conducted with knowledge that the money was obtained through criminal activity. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.

Potential Penalties (State):

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

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

You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law criminalizes bribery in many contexts — government officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Regardless of what position you're in, a Hemet, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.

Important: Both the person offering the bribe and the person accepting it could face charges in Hemet, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent ineligibility for office
• Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

Forgery involves creating, altering, or using a false document with intent to defraud. State law is broad and covers bills, receipts, contracts, deeds, wills, warrants, prescriptions, lottery tickets, and many other types of written instruments.

Who can face forgery charges? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, combined with the creation or use of the false document, is sufficient 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

In Hemet, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, property, services, or medical information.

What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply obtaining and using someone else's information without permission is enough to violate state law. Because of this, you need to work with an expert theft crimes lawyer regardless of the particular of your case.

Hemet, CA, identity theft allegations are very serious, and frequently 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 Defend in Hemet, CA

Fraud is one of the most common white collar crimes in Hemet, CA, and it has several subcategories. Generally speaking, a person who commits theft by lying about something in order to get another person to give away 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 on an insurance claim to increase their benefit. 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 a person lies about their current circumstances to receive extra assistance from the government. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another common variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Hemet, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.

Types of Fraud, False Pretenses & Financial Deception

There are many types of fraud allegations in Hemet, 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 is one of the most common fraud charges in Hemet. 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; misrepresenting credentials to get paid for work; creating fake invoices; collecting donations for a nonexistent charity.

Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.

Insurance Fraud — California Penal Code § 550

Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. Insurance fraud charges are always a big deal, and are often felonies in Hemet, CA. A leading theft crimes lawyer will fight the allegations and explore all avenues to help you find the best outcome possible

Frequent examples include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; exaggerating property damage; arson for insurance proceeds; workers' compensation fraud; double billing for a health service.

Possible Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: License revocation for professionals

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

You can face credit card fraud charges in Hemet, CA, for a variety of actions done with a credit or debit card. This includes using another individual's card without authorization, using a fake card or one acquired by theft, using an account number without physical possession of the card, or fraudulently taking or selling card account information.

Regarding federal charges: You are likely to face both federal and state charges, particularly when cards are used across state lines or some part of the alleged crime occurred online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.

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

A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.

Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.

Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. Your leading Hemet, CA, theft crimes lawyer can help show issues in the prosecution's case and boost your chances of a positive outcome.

Possible Penalties:

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

Additional: Loss of future benefit eligibility

Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Hospice fraud accusations in Hemet, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To qualify forMedicare hospice benefits, a patient must be predicted to pass away within half a year if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.

While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. And as if it weren't bad enough going up against the Hemet, CA, government, you're likely to face federal charges and accusations from federal investigators.

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.

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. In Hemet, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.

Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.

Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Both the person paying and the person receiving a kickback can face prosecution.

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 federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically targets 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. Health care fraud cases in Hemet, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Doctors, billing organizations, office workers, and clerks have all found themselves accused of health care fraud in the past.

Possible Penalties:

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

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

Home health fraud, 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 — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, the person receiving care must be homebound and require skilled 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. Home health fraud charges in Hemet, 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: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — even if you broke the law accidentally.

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 Fight in Hemet, CA

There is often a crossover between theft and violent crime charges in Hemet, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. As opposed to burglary, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.

That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.

Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.

Robbery, Extortion & Force-Related Theft

Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. These charges are always felonies and often carry strike designations. Your Hemet, 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. Being convicted of robbery will likely result in a prison sentence as well as a strike.

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.

Potential Penalties:

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

Extortion (Blackmail) — California Penal Code § 518

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. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.

Common examples: Threatening to report someone to immigration authorities 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.

Potential Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years
• Fines: Up to $10,000

Burglary Charges We Fight in Hemet, CA

Burglary charges in Hemet, 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. Ordinarily, this is a structure, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Because of this, these cases can often hinge on if you were allowed to be in the location or not.

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. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Hemet, CA (except in extreme cases).

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 in order to steal from the building. It's common to face burglary and vandalism charges together in Hemet, CA, doubling the importance of working with an expert theft crimes lawyer to defend you.

Lastly, you can face theft charges in Hemet, 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

Hemet, 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

In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place for the purpose of committing a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is 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 Hemet, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

• Prison Term: 2, 4, or 6 years in state prison
• Three Strikes: Yes — serious felony strike
• Probation: Generally not eligible for first-degree
• Fines: Up to $10,000

Commercial Burglary (Second Degree) — California Penal Code § 459

Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. You could face either misdemeanor or felony charges for this offense.

Your theft crimes lawyer in Hemet, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.

Potential Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. Unlike residential burglary, vehicle burglary is a wobbler.

Important note: 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 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. Hemet, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.

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 up against home invasion charges, you need a law firm with a track record of success, and you need them now.

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 & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. You need a Hemet, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.

Receiving Stolen Property — California Penal Code § 496

This charge applies to some people who are indirectly involved in a theft. 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 a great deal, without knowing their full history, or from unknown sellers, does not prove that you were aware the items were stolen.

Possible Penalties:

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

Vandalism — California Penal Code § 594

Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.

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.

Potential Penalties:

• Under $400: Misdemeanor — up to 1 year jail
• Over $400: Wobbler — up to 3 years prison
• Restitution: Full repair/replacement cost to victim
• Other Common Penalties: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.

Standing alone, trespassing is usually charged as a misdemeanor or infraction. However, Hemet, 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

Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.

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.

Possible Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

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

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

California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. Due to this the theft of even a low-value firearm will end up with a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.

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 that has wide resources and strong legal skills.

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.

This offense is aggressively prosecuted in Hemet, CA, and enhanced sentencing applies. Prison sentences can be increased even further if the alleged victim was 70 years or older. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.

Common scenarios: Lenders pressuring the elderly to take bad loans; family member using power of attorney to take money; fake contractor promises work but never completes it; phising emails that impersonate loved ones.

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

Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.

In Hemet, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. These acts are viewed as particularly heinous, and penalties can be severe. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

Potential Penalties (Enhanced):

• Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
• Commercial Burglary → Looting: Felony — 16 months to 3 years
• Residential Burglary → Looting: Felony — 2 to 6 years
• Bail: Often denied or set very high during emergency periods

Attempted Theft, Attempted Burglary & Attempted Robbery

Trying to steal something and failing is still a crime in Hemet, CA. An attempt requires: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — regardless of whether it was successful or not.

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.

Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. 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 call the Law Offices of David S. Chesley, you can connect with an expert theft crimes lawyer in Hemet, CA, who will help you break down and navigate the charges. As a team, we will defend your rights and your freedom.

What to Do if You're Accused of Theft

Being charged with theft can be intimidating. The Hemet, CA, government is after you, not everyone will believe your side of the story, and the collateral consequences could be devastating. Without help, it can seem impossible.

But you have an ally. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. When you work with us, you will get a Hemet, 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. Resisting can only make things worse.

2. Remain Calm and Don't Talk

There's a chance you'll be interviewed or interrogated – stay 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 accused of perjury.

3. Call a Hemet, CA, Theft Crimes Defense Attorney Right Away

In California, people who have been arrested are given three phone calls. One of these should be to your theft crimes lawyer. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. We are available 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 argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.

5. Coordinate With Your Lawyer to Make a Personalized Defense

Finally, you work with your attorney to craft a strong defense. A skillful theft crimes lawyer in Hemet, CA, will take the time to listen to you, negotiate for deals with the state, and argue for a dismissal wherever possible.

Powerful Defense Strategies for Theft Charges

Every theft case is different — and every defense strategy needs to be customized to the specific facts, proof, and accusations. Below, you can read about some of the popular ways we will fight theft cases in Hemet, 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. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.

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 consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).

Key principle: This is a major hurdle for the prosecution in any theft case. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.

Defense Application:

• Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
• Embezzlement: Challenges the fraudulent conversion element
• Fraud / False Pretenses: Attacks the knowing misrepresentation element
• Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In theft and burglary cases, how the evidence was obtained is just as important as what it is. If searches broke the law, the evidence can be suppressed and the prosecution may need to drop charges.

Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legally obtained warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.

If this applies to your case, it can be a major win for your defense. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can substantially change the outcome. Suppression motions are fully litigated in Hemet, CA, courts, and are a standard component of aggressive defense in all property crime cases.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• 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: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Hemet, CA. False accusations can come from personal arguments, cases of mistaken identity, mistaken assumptions about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — without a strong defensive strategy, you're gambling with your freedom.

Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — especially across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. 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); attacking the character of 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 facing false allegations: Do not confront witnesses, do not try to build your defense on your own, and do not talk to the police without your theft defense lawyer present. You might make a mistake, or the police might misinterpret something you say. Contact defense counsel immediately and say nothing.

Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the state must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.

Consent / Permission — Theft requires that property be taken without the owner's consent. It's not illegal to use someone else's property if you had permission.

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 — In many cases with offenders with no prior offenses, 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.

Disputing the Property Valuation — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

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

Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — 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 — in a newly added requirement — in several cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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.

Here are some of the advantages of getting your theft conviction expunged: In particular, you won't have to note any convictions on private job applications. However, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, 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) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

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. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.

Relief Options:

• PC § 1203.4: Charges dismissed after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
• PC § 851.91: Arrest record sealing where no conviction resulted
• 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

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Common Theft Crimes Questions in Hemet, CA

Is there a difference between petty theft and grand theft in Hemet, California?


How much was allegedly stolen determines the specific theft charge. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Grand theft charges will require elite legal representation in particular, though you will always need a theft crimes lawyer to defend you, regardless of the specifics.

Does California allow me to expunge my record from a theft crime?


Often, yes. California 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 should I expect from first-time shoplifting charges in Hemet, CA?


First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $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. An attorney can significantly improve your odds of avoiding a conviction and keeping your record clean.

I didn't know the property was stolen. Can I still be convicted?


If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you honestly didn't know and had no reasonable basis to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. However, circumstances like an unusually low price or lack of receipts can erode your case, making it imperative that you hire a skillful theft crimes lawyer.

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


Very serious. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have any prior convictions, you may also face enhanced sentencing. Call us right away if you're facing this charge.

What is a "wobbler" offense in California?


The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.

Will I go to jail for a theft charge?


Not necessarily. Hemet, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. 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. Contact our firm to understand what options are available to you.

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


Unfortunately, yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether or not you committed theft doesn't matter — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and how it's presented — is central to burglary defense.

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Fighting Theft Allegations in Hemet, CA? Call Right Away.

Every theft allegation is a big deal. Our firm is equipped to defend you — 24 hours a day, 7 days a week. Contact us now for a free, confidential case review.

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We also offer the following legal services in Hemet, CA:

• Violent Crimes Lawyer
• DUI Lawyer
• Criminal Defense Lawyer