• Home
• Theft Lawyer
• Theft Lawyer Huntington Beach, CA

Theft Lawyer Huntington Beach, 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. It might look like all hope is lost.

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 lawyers have the tools and training to fight against any theft and related charges. With a Huntington Beach, CA, theft crimes lawyer from our team building your defense, you don't have to worry about how you'll handle things alone anymore.

Talk to a theft crimes lawyer today at (800) 755-5174 or use our contact form for a free, confidential consultation. Waiting too long to reach out can cost you everything.

How a Huntington Beach, 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 figure out a complicated legal code and make it more likely that you'll face the following:

1. Jail Sentence: Huntington Beach, CA, theft convictions can send you to prison, for years in some cases.
2. Fines: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
3. Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
4. Stained Reputation: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
5. And more.

To maximize your chances of replacing these consequences with freedom, you'll need a Huntington Beach, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:

Why You Should Hire Our Huntington Beach, CA Theft Defense Lawyers

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

• 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 more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
• Trial-Ready From Day One — No matter what the charge is, we prepare as if for a trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
• Record Expungement Services — Even after the fact, we're still here to help. Don't let an arrest or criminal record hold you back — speak with one of our Huntington Beach, CA, criminal defense attorneys to discuss expungement options.
• Superb Reputation – We are well-known for our tenacious representation.
• Available 24/7 — Arrests happen at all hours. So do we. 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 Private — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.

Theft Charges We Will Fight in Huntington Beach, CA

Use the links 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 Cases We Fight in Huntington Beach, CA

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you're looking for a theft crimes lawyer in Huntington Beach, CA, act fast: contact us now for a free, confidential consultation.

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

Petty Theft Charges vs Grand Theft Charges

California breaks down most theft crimes into two categories: Petty theft and grand theft. You can face these charges for taking someone's possessions without permission. The main difference is how much value was allegedly stolen: If it was $950 or less, the classification will typically be petty theft, while higher values will generally 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, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

Here's a breakdown of what distinguishes petty and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.

In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, the majority of shoplifting cases are misdemeanors. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Huntington Beach, CA theft crimes lawyer can help you maximize your chances of a positive outcome.

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 Huntington Beach, 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

Defense options include: Lack of intent to steal, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. This is one of the most common mechanisms used in Huntington Beach, 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 defendant engaged in petty theft; and (2) the accused has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. 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.

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 Huntington Beach, CA

We will fight against all sorts of vehicle theft crimes in Huntington Beach, CA. An example that many people ask about is grand theft auto, but that's actually not a law of its own. Grand theft auto is defined in a subsection of California's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.

If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if the alleged offender wasn't going to keep it, they're probably going to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, joyriding charges are almost always better to face in Huntington Beach, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.

One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. As a parallel to the charge of receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the car or truck is enough for a conviction.

When you contact our law firm, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Contact us today to start making your case.

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

If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — all automobile thefts fall under the umbrella of "grand theft" in the state. 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 Huntington Beach, CA)
• Felony Prison Sentence: 16 months, 2 years, or 3 years
• Misdemeanor Jail Sentence: Up to 1 year
• Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 — sometimes called "joyriding" broadly — is often charged alongside or instead 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.

Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.

Joyriding — California Vehicle Code § 10851

Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. 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 Huntington Beach, 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 Huntington Beach, CA. That said, prior criminal history or aggravating circumstances can push it to a felony.

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. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because of the violent element, 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

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you are in possession of a vehicle that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.

This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. The state must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.

Possible Penalties:

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

White Collar Crime Charges We Defend in Huntington Beach, CA

White collar crimes in Huntington Beach, CA, vary widely in context and action, but each of them have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.

Many white collar crimes center around taking or hiding money in some way. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.

Not all white-collar crimes involve financial exchanges, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of another person's personal information. You can face either of these charges without having taken money from the alleged victim.

Embezzlement, Identity Theft, Fraud & More

White collar crimes carry severe consequences even without physical violence — incarceration, financial penalties, major career setbacks, and permanent stains on your reputation. These cases require attorneys with deep financial and legal sophistication.

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 benefit. Huntington Beach, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.

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. Pre-charge representation can sometimes prevent an indictment entirely.

Embezzlement — California Penal Code § 503

Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; 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: Repay alleged victims, loss of professional licenses

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 ordinarilly consists of three steps: placement (adding the dirty money into the legitimate financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).

California's money laundering law is set to combat financial actions of more than $5,000 when the alleged offender was aware that the money was dirty. You could also face federal money laundering charges under 18 U.S.C. § 1956, 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

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, business executives, witnesses, and even private commercial bribery. Whatever position you're in, a Huntington Beach, CA, theft crimes lawyer is important to advise you on how to address these charges.

Important: Whether you offered or accepted a bribe, you could face charges in Huntington Beach, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.

Potential Penalties:

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

Forgery — California Penal Code § 470

You can be charged with forgery in Huntington Beach, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers bills, money orders, contracts, deeds, wills, court orders, prescriptions, lottery tickets, and many other types of written instruments.

What if I didn't steal anything with it? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, in addition to the act of creating or using the forged item, is sufficient for a conviction.

Potential Penalties:

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

Identity Theft — California Penal Code § 530.5

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

Important factor: No financial loss to the victim has to occur for a conviction. Simply taking and using another individual's information without permission is enough to warrant a crime under state law. This makes it critical to work with an expert theft crimes lawyer regardless of the particular of your situation.

Identity theft accusations are aggressively prosecuted in Huntington Beach, CA, and increasingly result in federal charges when conducted online, across state lines, or at scale.

Potential Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Per Victim: Charges can stack — one count per victim
• Federal: Up to 15–30 years (aggravated cases)

Fraud Charges We Fight in Huntington Beach, CA

Fraud is a frequent white collar crime charge in Huntington Beach, CA, and can be divided into smaller categories of its own. Broadly speaking, someone who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary version of fraud.

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

This is not unlike welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another popular variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

An expert theft crimes lawyer in Huntington Beach, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.

Different Kinds of Fraud, False Pretenses & Financial Deception

Fraud charges in Huntington Beach, CA, cover a vast range of conduct — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. 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

Many "fraud" charges in Huntington Beach fall under California's 'theft by false pretenses' law. This is when one person lies to someone else, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.

Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; pitching investments based on false information; collecting donations for a nonexistent charity.

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

You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. If you're facing insurance fraud charges in Huntington Beach, CA, it's possible that you'll go to prison for several years if convicted. An expert theft crimes lawyer will defend your freedom and analyze all the evidence 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: Give the amount defrauded back to the alleged victim
• Additional: Loss of professional licenses

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

Credit card fraud charges in Huntington Beach, CA, go beyond credit cards and involve the misuse of financial account access information. This includes using another person's card without approvel, using a fake card or one acquired by theft, charging to an account when you don't have the card, or illegally obtaining or selling card account information.

Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when accounts are used across state lines or the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.

Potential Penalties (State):

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Federal Prison: Up to 15 years (federal charges)

Welfare Fraud — California Welfare & Institutions Code § 10980

Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.

Common examples: Failing to report income; misrepresenting household composition; using another person's EBT card; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.

Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your leading Huntington Beach, CA, theft crimes lawyer can push back against the prosecution's case and boost your chances of a positive outcome.

Potential Penalties:

• Under $950 (commonly): 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 Huntington Beach, 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 have a projected lifespan of six months or less if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.

While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. These accusations are particularly dangerous because they are often charged in federal court in Huntington Beach, 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 vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Huntington Beach, CA theft lawyer who has your back.

Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.

Important: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. You can be accused of breaking this law whether you gave or received the money.

Possible Penalties:

• Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus civil monetary penalties per claim
• Additional: Mandatory exclusion from all federal health care programs

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

Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. 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's statute specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Without an expert Huntington Beach, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Physicians, billing companies, office managers, and clerical staff have all been accused of this violation at various points in time.

Possible Penalties:

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

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

Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare reimbursement, the care recipient must be homebound and require specialized care. Home health fraud exploits this framework in a variety of ways.

Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. Home health fraud charges in Huntington Beach, 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.

Critical Note: The United States' Stark Law makes it a crime for a doctor to refer a medicare patient to a home health company, if the doctor makes money from that company. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — even if you broke the law accidentally.

Possible Penalties:

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

Violent Theft Charges We Defend in Huntington Beach, CA

Violent crime charges and theft charges often go hand in hand in Huntington Beach, CA. This can occur if you're charged with robbery. A person commits robbery when they take something directly from another person by force. Versus burglary, the alleged theft occurred away from the alleged victim. 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.

That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The alleged offender doesn't necessarily need to threaten physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.

Robbery, Extortion & Force-Related Theft

When theft involves force, fear, or coercion, the penalties increase dramatically. You're almost guaranteed to be facing felony charges. Your Huntington Beach, 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 a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Being convicted of robbery will likely result in a prison sentence as well as a strike.

Your robbery charge in Huntington Beach, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.

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

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to damage someone's storefront unless they pay "protection money;" threatening to harm someone's reputation unless granted a professional favor.

Potential Penalties:

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

Burglary Charges We Fight in Huntington Beach, CA

Burglary charges in Huntington Beach, CA, are distinct from theft, but often go hand-in-hand. California defines burglary as entering a location without permission in order to steal something or break a different law. This is commonly a structure, like a convenience store (which would make it commercial burglary), but not always. For example, if you supposedly broke a car window to steal a wallet sitting on the seat, that would be considered 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. However, after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Today, shoplifting is no longer a subset of burglary offenses in Huntington Beach, CA, and faces more lenient penalties if convicted.

Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to in the process of a theft. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Huntington Beach, CA, making it all the more important to get an experienced theft crimes lawyer to protect your rights.

Finally, there is a theft charge you can be accused of in Huntington Beach, CA, even if you didn't steal something. What can lead to this? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.

Burglary, Home Invasion & Related Charges

People commonly think of burglary as entering someone's house to commit theft, but that's not how Huntington Beach, CA law works — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.

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

The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence for the purpose of committing a theft or any felony inside. This means that you can be found guilty even without actually committing theft. Your motivation for entering the location is the key to burglary charges.

This charge 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 Huntington Beach, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

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

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. 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. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.

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. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, 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

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

Receiving Stolen Property — California Penal Code § 496

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.

The prosecution must prove you knew — or had reason to know — the property 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.

Potential Penalties:

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

Vandalism — California Penal Code § 594

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

Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.

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
• Additional: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.

On its own, trespassing is typically charged as a misdemeanor or infraction. However, Huntington Beach, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.

Perjury — California Penal Code § 118

Perjury 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: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.

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)

Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. This means the theft of even a nearly worthless firearm results in 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.

Federal firearms theft charges may also apply. The potential dual nature of these charges multiplies the complexity. And it's even more essential to have an attorney with the skills to fight for you at all levels.

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

Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.

This offense is aggressively prosecuted in Huntington Beach, CA, and enhanced sentencing applies. Prison sentences can be increased even further if the alleged victim was 70 years or older. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement can complicate cases further.

Common scenarios: Lenders pressuring the elderly to take bad loans; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; phising emails that impersonate loved ones.

Potential Penalties:

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

Looting — California Penal Code § 463

During emergencies, stealing property can be charged as looting. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.

If the enhanced penalties weren't enough on their own, the Huntington Beach, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. These acts are viewed as particularly heinous, and penalties can be severe. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. For it to be considered an attempt, the prosecution needs to prove two things: (1) a mental state of deliberate criminal activity, and (2) some form of action that furthers the criminal ends — whatever the outcome was.

Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.

Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.

No matter what you've been accused of, when you reach out to our firm, you can speak with an expert theft crimes lawyer in Huntington Beach, CA, who will help you break down and navigate the charges. As a team, we will defend your rights and your freedom.

Facing Theft Allegations? These Are Your Next Steps

You need to take these accusations seriously. There could be a warrant out for your arrest, not everyone will believe your side of the story, and a conviction could derail your life. When you're alone, it can seem impossible.

But you have another option. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a Huntington Beach, 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

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. Resisting can only make things worse.

2. Remain Calm and Don't Talk

You may be questioned by the police – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be accused of perjury.

3. Reach Out to a Huntington Beach, CA, Theft Crimes Defense Attorney Right Away

In California, people who have been arrested are given three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. Acting fast is important to protect your freedom. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

In most cases, you'll need to go through a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. Your rights and freedom matter, no matter what you've been accused of.

5. Cooperate With Your Attorney to Make a Personalized Defense

Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in Huntington Beach, CA, will listen to your story, negotiate with the prosecution, and fight for a dismissal whenever possible.

Theft Lawyer Defensive Strategies

Every theft case is different — and every defense strategy must be customized to the specific details, evidence, and accusations. If you're up against theft allegations in Huntington Beach, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.

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. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses include: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); 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. This isn't merely a backup plan. It is often the strongest available defense, especially in cases involving property disputes, family conflicts, and many civil debt situations.

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

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In theft and burglary cases, how the evidence was obtained is just as important as what it is. If the authorities disobeyed regulations, the evidence can be suppressed and the district attorney may not be able to move forward with your case.

Common suppression issues in theft and property crime cases include: 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 resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the scope of a valid warrant. In Huntington Beach, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.

If this applies to your case, it can be a major win for your defense. Even partial suppression — if the court allows some evidence but not all of it — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Huntington Beach, CA, courts, and frequently come up in theft cases.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• Vehicle Searches: Require a warrant, 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 Huntington Beach, CA. False accusations can stem from personal arguments, misidentification by witnesses, misunderstandings about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — aggressive and immediate defense is essential from the moment of accusation.

False accusations in Huntington Beach, CA, often aren't the result of malice, but of a witness making an error. 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. Even if the witness is sure, they could be mistaken. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Huntington Beach, CA, court.

Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; showing issues with how eyewitness identifications were obtained; attacking the character of the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between different statements and testimony between witnesses.

If you are innocent: Stay away from witnesses, do not attempt to gather evidence independently, and do not talk to the police without your theft lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Contact defense counsel immediately and say nothing.

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

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

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

Diversion Programs — For many offenders without a record, California offers diversion programs that can keep you out of prison by participating. If you are eligible, we will explore it as an option to protect your freedom.

Disputing the Property Valuation — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. You shouldn't face charges that are disproportionate to the alleged act.

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

Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully completed all terms of probation, including fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in many cases, must not have spent time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. 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, 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 does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Huntington Beach, CA who don't break any other laws after finishing their sentence, if enough time has passed.

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 full sealing, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

• PC § 1203.4: Charges dismissed after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
• PC § 851.91: Seal records of arrests which did not end in a conviction
• SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
• Limitations: Still restricted from owning guns, and the police can still review these records

---

Common Theft Crimes Questions in Huntington Beach, CA

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


How much was allegedly stolen determines the specific theft charge. Petty theft misdemeanors are typical for anything $950 and below. 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. Both require an attorney, but grand theft charges demand urgent and aggressive representation.

Can a theft charge be expunged from my record in California?


Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.

What happens if I'm charged with shoplifting for the first time in Huntington Beach, 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. Working with a criminal defense lawyer can make a major difference and help you with avoiding a conviction and keeping your record clean.

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 honestly weren't aware and didn't have a reason to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. That said, circumstances like strangely good deal or no documentation of ownership can be used against you, which is why an attorney is essential.

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


Very serious. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have a criminal record, you may also face enhanced sentencing. Call us right away if you're facing this charge.

What is a "wobbler" offense in California?


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. Many 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. 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 answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call us to understand what options exist in your case.

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 you actually took anything doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. Because of this, intent evidence — and challenging how it's proven — is critical to burglary defense.

---

Looking for a Huntington Beach, CA, Theft Lawyer? Contact Us to Defend Your Freedom.

Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. The Law Offices of David S. Chesley is ready to defend you — whenver you need help. Contact us now for a free, confidential case review.

(800) 755-5174 | Contact Form

Available 24/7 · All Charges · All Huntington Beach, CA, Courts · Free & Confidential

Law Offices of David S. Chesley — Over 50 Years of Combined Courtroom Experience

We also offer the below legal services in Huntington Beach, CA:

• Violent Crimes Lawyer
• DUI Lawyer
• Criminal Defense Lawyer