Featured Image

Theft Lawyer Indio, CA

Theft Lawyer Indio, CA. Accusations. Arrests. Criminal charges. Theft charges in particular can be complex because of the wide variety of them. Without help, it's easy to find yourself in a spot where you feel hopeless.

Even when all hope seems lost, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our attorneys have extensive experience defending clients against all manner of theft crime charges. With a Indio, CA, theft crimes lawyer from our team defending your freedom, you'll have someone by your side from day one until you get justice.

Connect with a theft crimes attorney today at (800) 755-5174 or send us a note online for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.


Why You Need a Leading Indio, CA, Theft Defense Lawyer

Theft charges need to be treated seriously, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to navigate a convoluted legal code and make it more likely that you'll face the following:

  1. Jail Sentence: Most theft charges in Indio, CA, carry a potential jail sentence of six months or more.
  2. Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
  3. Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
  4. Damaged Character: 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 Indio, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:

What Sets the Law Offices of David S. Chesley Apart

Working with our expert Indio, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and the difference it will make for your case:

  • Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
  • Deep Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Indio, CA prosecutors and judges, which we will use when securing plea deals.
  • Defenses Built for Trial — No matter what the charge is, we prepare as if for a trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
  • Record Expungement Services — 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 Indio, CA, criminal defense attorneys to discuss expungement options.
  • Superb Reputation – well-respected amongst both clients and peers.
  • 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 Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Theft Charges We Will Fight in Indio, CA

Click any charge below to jump directly to a full breakdown of the law, penalties, 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 Indio, CA

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you need a theft crimes lawyer in Indio, CA, don't hesitate: contact us now for a no obligation review of your case.

We cover all of the following types of charges and more:

Petty Theft Charges vs Grand Theft Charges

In Indio, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. You can face these charges for taking someone's possessions without permission. The main difference is the amount that was supposedly taken: For anything $950 or less, the classification will typically be petty theft, while higher values will normally be grand theft.

Defending petty theft allegations is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Regardless of what you're up against, 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:

Alleged CrimePetty TheftGrand Theft
Stolen Property Value$950 or LessMore than $950
Charge Type?Often MisdemeanorMisdemeanor or Felony
Misdemeanor PenaltiesUp to six months in jail, and up to $1,000 in finesUp to one year in jail, and up to $1,000 in fines
Felony PenaltiesUp to three years in prison, and up to $10,000 in finesUp to three years in prison, and up to $10,000 in fines

Shoplifting — Proposition 47 / Penal Code § 459.5

Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.

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

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

Shoplifting Possible Penalties:

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

Defensive strategies consist of: Theft was unintentional, mistake of fact, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.


Petty Theft with a Prior — California Penal Code § 666

Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. Indio, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.

If you're facing petty theft with a prior allegations, the state must establish: (1) the accused committed petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.

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: Previous theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Defend in Indio, CA

We will fight against all sorts of vehicle theft crimes in Indio, CA. The first one that probably comes to mind is grand theft auto, but that's actually not a unique charge. Grand theft auto is a smaller part of the state's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if they were only doing to drive it briefly and then bring it back, they're probably going to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, it's almost always better to be charged with joyriding in Indio, CA, since the prosecution is more likely to assign that as a misdemeanor.

You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Just like receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Even just owning or having the vehicle is enough for a conviction.

When you contact our law firm, you'll work with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Call today to start protecting your freedom.


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.

The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).

Potential Penalties:

  • Charge Type: Wobbler (usually felony in Indio, 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. Simply taking or driving someone's vehicle without permission is enough.

This charge is popular in Indio, CA, courts as either a plea deal or as its own charge.


Joyriding — California Vehicle Code § 10851

Joyriding refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Indio, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.

In Indio, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.

JoyridingGrand Theft Auto
Main DifferenceReturn the vehicle afterwardsKeep the vehicle forever
Typical ChargeMisdemeanorFelony
Misdemeanor JailUp to 1 year
Felony Prison16 months, 2, or 3 years

Carjacking — California Penal Code § 215

If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and is often ineligible for probation.

The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.

Potential Penalties:

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

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

Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have a vehicle when you knew or should have know it was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

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

Possible Penalties:

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

White Collar Crime Charges We Fight in Indio, CA

White collar crimes in Indio, CA, vary widely in context and action, but each of them have one thing in common: abuse of an organization for personal gain.

Many white collar crimes are defined by how money is transferred. 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 an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. 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 face value). 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. Note that no financial theft has to occur for a person to be charged with either of these.


Embezzlement, Identity Theft, Bribery & More

Despite there being no physical harm involved, white collar charges are treated harshly by the law — years in prison, massive fines, major career setbacks, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.


White Collar Crimes — Synopsis

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. It's common for white collar crime cases in Indio, CA, to require specialized experts on both the prosecution and defensive sides.

White collar cases are often investigated for months or even years before charges are filed. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. Pre-charge representation can sometimes prevent an indictment entirely.


Embezzlement — California Penal Code § 503

Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

Hypothetical examples: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; 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, professional consequences

Money Laundering — California Penal Code § 186.10

Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It commonly consists of three stages: placement (bringing the illegally-obtained money into the economy), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).

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, risking up to two decades of prison time.

Potential 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, business executives, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Indio, CA, theft crimes lawyer is critical to protect you from the prosecution.

Who can face bribery charges? Whether you offered or accepted a bribe, you could face charges in Indio, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.

Possible Penalties:

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

Forgery — California Penal Code § 470

Indio, 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 checks, receipts, contracts, deeds, wills, warrants, notary public symbols, lottery tickets, and many other types of written instruments.

What if I didn't use the forged document? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, in addition to the act of creating or using the forged document, is enough to be convicted.

Possible Penalties:

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

Identity Theft — California Penal Code § 530.5

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

What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply taking and using someone's information without a legal reason is enough to trigger criminal charges under California statute § 530.5. This makes it critical to hire an expert theft crimes lawyer whatever the details of your case.

Indio, CA, identity theft allegations are very serious, and increasingly 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 Defend in Indio, CA

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

Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. As an example, a person who intentionally burns down their house then tells the insurance company that it was an accident commits insurance fraud.

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

Another notable form is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.

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


Fraud, False Pretenses & Financial Deception

There are many types of fraud allegations in Indio, CA — from simple misrepresentations to elaborate financial schemes. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.


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

Many "fraud" charges in Indio fall under California's 'theft by false pretenses' law. This is when a person lies to someone else, who then freely gives up something of value based on the false information. The key element is that the victim willingly hands over the property as a result of being deceived.

Common examples: Lying about being a contest winner; misrepresenting credentials to get paid for work; creating fake invoices; 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

Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. Insurance fraud charges are always a big deal, and are often felonies in Indio, CA. An expert theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

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

Possible Penalties:

  • Felony Prison Sentence: 2, 3, or 5 years
  • Fines: Up to $150,000 or twice what was defrauded
  • Restitution: Full repayment to insurer
  • Additional: License revocation for professionals

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

In Indio, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. Charges can occur if someone is caught using someone else'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 acquiring or selling card account information.

Regarding federal charges: It's common in California credit card fraud cases for there to also be federal charges, particularly when accounts are used across state lines or the internet is involved. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.

Potential Penalties (State):

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

Welfare Fraud — California Welfare & Institutions Code § 10980

Charges of welfare fraud in Indio, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.

Common examples: Failing to report income; using fake identities to collect extra benefits; Trading or selling food stamps; falsely claiming a dependent child; 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 Indio, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.

Possible 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 occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To qualify forMedicare hospice benefits, a patient must be predicted to pass away within half a year if the illness runs its normal course — 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. And as if it weren't bad enough going up against the Indio, CA, government, you're likely to face federal charges and accusations from federal investigators.

Warning: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Potential Penalties:

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

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

Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. In Indio, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.

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

Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. You can be accused of breaking this law whether you gave or received the money.

Possible Penalties:

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

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

Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Indio, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Doctors, billing organizations, office workers, and clerical staff 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 — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, a patient must be homebound and require 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 Indio, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Critical Note: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.

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 Indio, CA

There is often a crossover between theft and violent crime charges in Indio, CA. This can be the case when you're accused of 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 can be compared to grand theft auto in the same way.

There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.

Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.


Robbery, Extortion & Force-Related Theft

Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. These charges are always felonies and often carry strike designations. Your Indio, 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. Robbery is always a felony and always a strike offense.

Your robbery charge in Indio, 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.

Possible Penalties:

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

Extortion (Blackmail) — California Penal Code § 518

A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. 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 post compromising photos of someone online if they leave; threatening to harm someone's reputation unless granted a professional favor.

Possible Penalties:

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

Burglary Charges We Defend in Indio, CA

Burglary charges in Indio, CA, are distinct from theft, but often go hand-in-hand. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. Ordinarily, this is a building, like a retail 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 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. Because of this, these cases can often hinge on if you were allowed to be in the location or not.

Burglary Related Charges

Shoplifting also involves the theft of items from a store, similar to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. But 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. 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 breaking a window to in the process of a theft. It's common to face burglary and vandalism charges together in Indio, CA, making it all the more important to get an experienced theft crimes lawyer to defend you.

Lastly, even if you don't commit a theft, you can face related charges in Indio, CA. How can this be? 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 Indio, 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. The intent at the moment of entry is what matters.

This charge is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Indio, 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 available for first-degree
  • Fines: Up to $10,000

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

Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. You could face either misdemeanor or felony charges for this offense.

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

Potential Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.

Common misconception: Stealing from an unlocked vehicle does 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

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

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 no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Your Indio, 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 that are cheaply listed, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.

Possible Penalties:

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

Vandalism — California Penal Code § 594

Vandalism charges are about more than just graffiti; if Indio, 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).

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
  • Other Common Penalties: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

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

On its own, 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

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

Do not make this mistake: 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)

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

Federal firearms theft charges may also apply. 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 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 Indio, CA, and enhanced sentencing applies. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement can complicate cases further.

Examples: Caregiver taking money from a client's account; family member using power of attorney to take money; fake contractor promises work but never completes it; fraudulent investment schemes targeting retirees.

Potential Penalties:

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

Looting — California Penal Code § 463

Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.

If the enhanced penalties weren't enough on their own, the Indio, 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

Even if the supposed burglary or robbery failed, attempted theft charges will still apply. Attempted theft, burglary, or robbery in California needs to include: (1) a mental state of deliberate criminal activity, and (2) a direct, unequivocal act toward committing it — even if the attempt failed or was interrupted.

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.


Regardless of what charge you're facing, when you call the Law Offices of David S. Chesley, you can speak with an expert theft crimes lawyer in Indio, CA, who has the training and experience needed to find a path forward. Together, we will craft a staunch defense against the allegations.

Facing Theft Allegations? These Are Your Next Steps

Theft allegations are just the tip of the iceberg. The Indio, CA, government is after you, the alleged victim is accusing you, and the collateral consequences could be devastating. Trying to handle it yourself, it can seem impossible.

But you're not alone. The Law Offices of David S. Chesley is here to help. A Indio, CA, theft crimes lawyer from our team will guide you on how to navigate your case. Here are the steps we recommend taking:

1. Obey the Arresting Officer's Instructions

While it's reasonable to feel angry about being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Resisting can only lead to additional charges.

2. Act Calm and Stay Silent

There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." 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 Indio, CA, Theft Crimes Defense Attorney Right Away

In California, people who have been arrested are given three phone calls. One of these should be to your theft crimes lawyer. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will argue against the prosecution for your release. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.

5. Work With Your Attorney to Create a Defense Strategy

Finally, you work with your attorney to craft a strong defense. An accomplished theft crimes lawyer in Indio, CA, will listen to your story, negotiate with the prosecution, and fight for charges to be dismissed wherever possible.


How Our Theft Lawyers Fight Against These Charges

As expert theft crime attorneys, we know that each case's defense strategy needs to be tailored to the specific details, evidence, and allegations. Here are the major defense approaches our attorneys use to fight theft charges in Indio, CA.

Lack of Intent / Claim of Right Defense in Theft Cases

Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.

The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If 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. Additional intent-based defenses include: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).

Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. It is often the strongest available defense, particularly in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.

Using This Defense:

  • Grand Theft: Negates specific intent to permanently deprive
  • Embezzlement: Challenges the fraudulent conversion element
  • Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
  • Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

The state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the investigators broke the law, the evidence can be thrown out and the district attorney may be unable to proceed.

Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the scope of a legal warrant. In Indio, 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 — in cases where a subset of the evidence against the defendant is suppressed — can substantially change the outcome. Suppression motions are fully litigated in Indio, CA, courts, and frequently come up in theft cases.

Suppression Scenarios:

  • Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
  • Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
  • Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
  • Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Indio, CA. False accusations can come from personal arguments, misidentification by witnesses, mistaken assumptions about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — you need a Indio, 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, witnesses under stress frequently misidentify suspects — most notably across racial lines, if they didn't have a clear sightline, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.

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

If you are innocent: Do not confront witnesses, do not try to build your defense on your own, and do not attempt to explain your innocence to 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 — For receiving stolen property and possession of a stolen vehicle, the Indio, CA, prosecutor must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.

Consent / Permission — Consent regarding your use of the property is a strong defense in Indio, CA, theft cases. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.

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

Sentencing Alternatives — In many cases with offenders without a record, California offers diversion programs that can protect you from a conviction. We identify every diversion opportunity available in your specific case.

Arguing the Property Valuation — 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. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

Here are some of the advantages of getting your theft conviction expunged: In particular, an expunged conviction generally does not need to be disclosed on private employment applications under state law. However, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) 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.

Critical Note: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is for the record to be totally inaccessible, to be able to legally own a gun again, 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: Dismissal after successful probation completion
  • PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
  • PC § 851.91: Seal records of arrests which did not end in a conviction
  • SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
  • Limitations: Does not restore firearm rights or remove record from law enforcement databases

  • Frequently Asked Questions About Theft Charges in Indio, CA

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

    The primary distinction is the value of the property allegedly taken. Petty theft misdemeanors are typical for anything $950 and below. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.

    Is it possible to expunge a theft conviction in California?

    Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. If you want to leave the past behind and move on with your life, this can be a major step forward. 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 Indio, CA?

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

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

    If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you honestly weren't aware and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. We often use this as a way to protect our clients from accusations. However, circumstances like strangely good deal or no documentation of ownership can be used against you, making it imperative that you hire a skillful theft crimes lawyer.

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

    Extremely. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have a criminal record, you are at risk of harsher penalties. 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?

    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. As your theft crimes lawyer, we will argue for misdemeanor charges if you are facing a wobbler, to protect your record and freedom.

    Will I go to jail for a theft charge?

    You can avoid jail in many cases, actually. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Contact our firm to review what options exist in your case.

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

    Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether or not you committed theft is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. As a result, intent evidence — and how it's presented — is critical to burglary defense.


    Need a Theft Lawyer in Indio, CA? Contact Us to Protect Your Rights.

    There is no such thing as a minor theft accusation. Our lawyers are equipped to defend you — whenver you need help. You can call our attorneys today to start building your defense.

    (800) 755-5174 | Contact Form

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

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

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

FREE CONSULTATION

Please fill out the form and someone will be in touch with you shortly.

Affordable Rates

Affordable Rates - Payment Plans Payment Plans

Areas We Serve

Recent Results

  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico. Our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victim's mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

Awards and Certifications

Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications
Awards and Certifications

What our clients say Client Testimonials

Organizations We Are a Member of or Support

Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support
Organizations We Are a Member of or Support

Get 10% OFF your
Legal Services!

Void where prohibited. New clients only.