Theft Lawyer Hesperia, CA. There are few things tougher than facing the Hesperia prosecutor alone. Theft charges in particular can be complex because of the wide variety of them. It can seem like there's no way out.
Even when it feels like there is no hope, there is an option who will fight for you: The Law Offices of David S. Chesley. Our lawyers have what it takes to guard your freedom against the prosecution. With a Hesperia, CA, theft crimes lawyer from our team on your side, you'll have someone by your side from day one until you get justice.
Speak with a theft crimes lawyer today at (800) 755-5174 or send us a note online for a private review of your case at no cost. It's easy to get started, and acting fast can mean everything.
How a Hesperia, CA, Theft Lawyer Can Help You
Theft charges need to be treated seriously, whether they are felonies or misdemeanors. On your own, you're stuck trying to navigate a convoluted legal system and potentially set yourself up for the below consequences:
- Jail Sentence: Most theft charges in Hesperia, CA, carry a potential jail sentence of six months or more.
- Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
- Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Hesperia, CA, theft crimes lawyer. The Law Offices of David S. Chesley . Here's some of what sets us apart:
Top Qualities of Our Hesperia, CA Theft Defense Attorneys
Working with our expert Hesperia, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and how it will impact your case:
- Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
- Deep Court Relationships — Decades of practice in Hesperia, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Prepared to Fight Your Case at Trial — We prepare every case as if it's going to 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. Don't let an arrest or criminal record hold you back — speak with one of our Hesperia, CA, criminal defense attorneys to discuss expungement options.
- Superb Reputation – We deliver results, and are known for doing so.
- Ready for Your Call Right Away — We know that arrests don't happen on a schedule. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
- Entirely 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 Hesperia, CA
Click any charge below to jump 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 Cases We Fight in Hesperia, CA
With over 50 years of combined legal experience, we have what it takes to protect your rights. If you're looking for a theft crimes lawyer in Hesperia, CA, don't wait: Reach out right away 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
While there are many different theft case types in Hesperia, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property without permission. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the classification will normally be petty theft, while any more will ordinarily be grand theft.
Defending petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges is usually more challenging because it is more frequently charged as a felony. Regardless of what you're up against, the right theft crimes lawyer will improve your chances of reaching a positive outcome.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Alleged Crime | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, most shoplifting charges are misdemeanors. However, 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 Hesperia, 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 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
Potential defenses include: No intention to steal, mistake of fact, 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 Hesperia, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To activate this sentencing enhancement, the state must establish: (1) the accused is guilty of petty theft; and (2) the accused has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Hesperia, CA
We will fight against all sorts of vehicle theft crimes in Hesperia, CA. One of the ones people commonly think of is grand theft auto, but that's technically not a law of its own. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If they were only doing to drive it briefly and then bring it back, they're more likely to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, it's almost always better to be charged with joyriding in Hesperia, CA, since the prosecution is more likely to assign that as a misdemeanor.
If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. As a parallel to the charge of receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or keeping the vehicle can result in these charges.
When you work with us, you'll partner with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Contact us now to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. This means even stealing a beater worth $200 can result in a grand theft auto charge.
Grand theft auto and joyriding have a close relationship in Hesperia, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Hesperia, 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. It covers situations where the alleged offender both did and didn't intend to return the vehicle. If you deprive someone of their vehicle with any intentions, this law applies.
This charge is popular in Hesperia, CA, courts as either a plea deal or as its own charge.
Joyriding — California Vehicle Code § 10851
Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
It's typical for joyriding to be treated as a misdemeanor in Hesperia, CA. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Intent to return | Intent to keep permanently |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Hesperia, CA prosecutor is likely going to pick carjacking over another offense. Because this action involves violence, carjacking is always a felony and is not eligible for probation in many circumstances.
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 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 state 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 Defend in Hesperia, CA
White collar crimes in Hesperia, CA, vary widely in context and action, but they all have a common trait: abuse of an organization for personal 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 is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.
Not all white-collar crimes are transactional in nature, though (at least at first glance). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Forgery, Identity Theft, Fraud & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — years in prison, massive fines, professional license revocation, and long-lasting 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
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a position for personal gain. Hesperia, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. 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 when someone legally can use property for certain purposes, but uses it for different ones. The key element 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 payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
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 any way that someone can take 'dirty' money and make it appear 'clean.' It ordinarilly consists of three stages: 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 (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute is set to combat financial actions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. You could also face federal money laundering charges under 18 U.S.C. § 1956, which tends to have much harsher penalties.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of elected officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what position you're in, a Hesperia, CA, theft crimes lawyer is essential to advise you on how to address these charges.
What if they didn't accept the bribe? Both the person offering the bribe and the person accepting it can be charged in Hesperia, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Hesperia, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. State law is broad and covers bills, money orders, contracts, vehicle titles, power of attorney documents, court orders, prescriptions, lottery tickets, and many other types of written instruments.
Critical point: Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, in addition to the act of creating or using the forged item, is sufficient for a conviction.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Hesperia, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.
What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Just taking and using someone's information without authorization is enough to trigger criminal charges under California law. Because of this, you need to work with an expert theft crimes lawyer whatever the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Hesperia, CA, and frequently involve federal charges when conducted online, across state lines, or at scale.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Hesperia, CA
Fraud encompasses a variety of specific theft types in Hesperia, CA. Generally speaking, someone 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 is one of the more common version of fraud.
Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. For example, a person who intentionally burns down their house then tells the insurance company that it was an accident can be charged with insurance fraud.
A related fraud crime is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another notable form is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Types of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Hesperia, CA — from simple misrepresentations to elaborate financial schemes. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses is one of the most common fraud charges in Hesperia. These allegations are used when a person intentionally deceives another through false statements or misrepresentations, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Selling a product that doesn't exist; 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
Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in Hesperia, 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
Typical examples include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; health insurance billing fraud.
Possible Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
In Hesperia, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. You could be accused of using another individual's card without approvel, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or illegally obtaining or selling card account information.
What to know about 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. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.
Possible Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; 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 Hesperia, CA, theft crimes lawyer can dissect the prosecution's case and greatly improve your case's outlook.
Potential Penalties:
- Under $950 (typically): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Hesperia, 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, the person being treated must have a terminal prognosis of six months or less to live 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 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. These accusations are particularly dangerous because they are often charged in federal court in Hesperia, CA, meaning you're up against very difficult odds.
Important Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. 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. In Hesperia, 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.
Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. 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 Hesperia, CA theft lawyer immediately.
Important: 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.
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 charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically 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. These are some of the most complicated cases to defend in Hesperia, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office workers, and clerks have all faced prosecution depending on their level of involvement.
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, 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. In order to be eligible for Medicare reimbursement, the person receiving care must be homebound and require specialized care. Home health fraud exploits this framework in a variety of ways.
A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Home health fraud charges in Hesperia, 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.
Important: 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — and a Stark Law violation does not require proof of intent.
Possible Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Fight in Hesperia, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Hesperia, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
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 relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The 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. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. Beyond the felony charges themselves, you could also be up against a strike on your record. It's essential to get a theft crimes lawyer in Hesperia, CA to protect your freedom.
Robbery — California Penal Code § 211
Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. 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:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
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.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Hesperia, CA
Burglary is often charged along with theft in Hesperia, 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. Ordinarily, this is a structure, like a convenience store (which would make it commercial burglary), but not always. For example, if you allegedly broke 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. Due to 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. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. The differences in charges had a major impact for several offenses and penalties. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying 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 kicking in a door to burglarize someone's home. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Hesperia, CA, making it all the more important to get a top quality theft crimes lawyer to fight for your freedom.
Finally, even if you don't commit a theft, you can face related charges in Hesperia, CA. How does this happen? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
People commonly think of burglary as entering someone's house to commit theft, but that's not how Hesperia, CA law works — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is the key to burglary charges.
Residential burglary is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Hesperia, 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: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. You could face either misdemeanor or felony charges for this offense.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
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. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Hesperia, CA prosecutor interprets the circumstances.
Key distinction: Stealing from an unlocked vehicle does not qualify for a burglary charge. An unlocked vehicle can still lead to theft charges, but the burglary enhancement requires that the vehicle was secured in some way.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. Hesperia, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. 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 facing 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
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. California law makes it illegal to hide, purchase, sell, or otherwise possess stolen property, regardless of whether or not you're the one who stole it.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without knowing their full history, or from unknown sellers, does not automatically mean you had knowledge of theft.
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 charges are about more than just graffiti; if Hesperia, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
Without compounding charges, trespassing is usually 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. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
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 results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
As if fighting the charges in your local Hesperia, CA court weren't bad enough, you could also find yourself up against federal charges. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more critical to find 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
If the alleged victim was 65 or older, you might be up against elevated penalties. 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.
The prosecution in Hesperia, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member exerting undue influence over an elder's finances; 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
During emergencies, stealing property can be charged as looting. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
These charges are often looked upon very negatively in Hesperia, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. 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
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. For it to be considered an attempt, the prosecution needs to prove two things: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — whatever the outcome was.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So attempted robbery carries half the prison exposure of robbery. 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 talk to an expert theft crimes lawyer in Hesperia, CA, who will listen to your side of the story and build a defense around that. As a team, we will defend your rights and your freedom.
5 Steps to Take When Accused of Theft
Being charged with theft can be intimidating. You're up against the Hesperia, CA, prosecutor's office, 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're not alone. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. A Hesperia, 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. Comply With the Police
Mistakes here can hurt your case. If you're being arrested, don't resist. If you act civilly, it will make things go faster and easier. Fighting back can only make things worse.
2. Remain Calm and Don't Talk
You may be questioned by the police – don't talk. 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 if anything you say is untruthful, you can be accused of perjury.
3. Call a Hesperia, CA, Theft Crimes Defense Attorney ASAP
In California, after you are processed for arrest, you get three phone calls. One of these should be to your theft crimes lawyer. Getting legal assistance quickly can protect you from making mistakes that will come back to hurt you later. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
Your lawyer can help argue for your release at a bail hearing. Our firm's theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Coordinate With Your Attorney to Create a Defense Strategy
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in Hesperia, CA, will hear your side of the story, negotiate for deals with the state, and argue for charges to be dismissed whenever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy must be customized to the specific facts, circumstances, and allegations. Below, you can read about some of the popular ways we will fight theft cases in Hesperia, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
One of the most powerful defenses in any theft case is the absence of criminal intent. In Hesperia, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. 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 point: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Using This Defense:
- Grand Theft: Negates specific intent to permanently deprive
- 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 the investigators disobeyed regulations, the evidence can be thrown out and the state may not be able to move forward with your case.
Here are some of the reasons that evidence is thrown out in theft cases: warrantless searches of vehicles, homes, or persons without valid legal justification; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the limits of a legally obtained warrant. In Hesperia, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can make a big difference. Suppression motions are fully litigated in Hesperia, CA, courts, and are an essential tool for the defense when facing theft charges.
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
Innocent people are charged with theft crimes more often than the public realizes. False accusations can result from personal arguments, misidentification by witnesses, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — you need a Hesperia, CA, theft crimes lawyer to protect 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 — particularly across racial lines, if they didn't have a clear sightline, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Hesperia, CA, court.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; attacking the character of alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between witness statements made at different points in time.
If you are innocent: Do not confront witnesses, do not attempt to gather evidence independently, and do not talk to the police without your theft crimes lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Contact defense counsel immediately and say nothing.
Lack of Knowledge — In some cases, the Hesperia, CA, prosecutor 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 — Theft requires that property be taken without the owner's consent. 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.
Diversion Programs — In many cases with first-time offenders, California offers diversion programs that can protect you from a conviction. If you are eligible, we will explore it as an option to protect your freedom.
Contesting 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
A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — in a newly added requirement — in many cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, there are still some restrictions in the expungement process — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, 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: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is the total removal of the record, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. 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 (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Hesperia, CA
Is there a difference between petty theft and grand theft in Hesperia, California?
How much was allegedly stolen determines the specific theft charge. Petty theft misdemeanors are typical for anything $950 and below. Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Does California allow me to expunge my record from a theft crime?
In many cases, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.
What happens if I'm charged with shoplifting for the first time in Hesperia, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. An attorney can significantly improve your odds of avoiding a conviction and protecting your record.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely didn't know and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. Our attorneys challenge the "knowledge" element aggressively in these cases. That said, circumstances like an unusually low price or no documentation of ownership can lessen the strength of your defense, which is why an attorney is essential.
How serious is a grand theft auto charge in Hesperia, CA?
Very serious. In Hesperia, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you could be up against increased sentences. Get in touch with one of our theft crimes lawyers as soon as possible at (800) 755-5174.
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. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.
Will I go to jail for a theft charge?
Not necessarily. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. Even felony charges often have options short of state prison. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Contact us to understand what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether or not you committed theft is irrelevant — 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 critical to burglary defense.
Accused of Theft in Hesperia, CA? Contact Our Team Now.
There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is equipped to defend you — no matter when you need us. Call now for a no-obligation consult on your case.
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