Theft Lawyer Irvine, CA. Nobody wants to be in a situation where they're facing criminal charges. Theft accusations in particular can be scary, because they are often layered with multiple charges. On your own, it can feel impossible to win.
Even when you can't figure out what to do on your own, there is an option who will fight for you: The Law Offices of David S. Chesley. Our legal team has extensive experience defending clients against all manner of theft crime charges. With a Irvine, CA, theft crimes lawyer from our team on your case, you can rest assured that you're getting expert legal representation.
Talk to a lawyer right away at (800) 755-5174 or send us a note online for a private review of your case at no cost. Waiting too long to reach out can cost you everything.
Why You Need a Leading Irvine, CA, Theft Defense Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to decipher a complicated legal code and potentially set yourself up for the below consequences:
- Prison Sentence: Irvine, CA, theft convictions can send you to prison, for years in some cases.
- Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
- Stained Reputation: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Irvine, CA theft crimes lawyer on your case. You need the Law Offices of David S. Chesley. Look at what makes us the right attorneys for the job:
Why You Should Hire Our Irvine, CA Theft Defense Lawyers
Working with our expert Irvine, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and how it will impact your case:
- A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know common weak points and how to attack the prosecution's case.
- Longstanding Court Relationships — Decades of practice in Irvine, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Defenses Built for Trial — Misdemeanor or felony, we build your defense to be trial-ready. 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 — Our representation doesn't end at the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – We are renowned professionally and by clients.
- Always Availalbe — Our team is available whenever you need us most. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Totally Private — 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 Irvine, CA
Click any charge below to jump directly to a full explanation 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 Irvine, CA
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. When you need a theft crimes lawyer in Irvine, CA, don't wait: 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
California breaks down most theft crimes into two categories: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without their consent. The distinguishing factor is the amount that was supposedly taken: If it was $950 or less, the classification will normally be petty theft, while higher values will generally be grand theft.
Defending petty theft allegations often lead to more positive outcomes, in part because they are often misdemeanors. On the other hand, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. Regardless of what you're up against, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Criminal Charge | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Often Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
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. 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 2014, most shoplifting charges 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 Irvine, 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 increasingly prosecuted aggressively by Irvine, CA, prosecutors following recent state legislation.
Shoplifting Potential Penalties:
- Jail Time: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies include: No intention to steal, 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
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Irvine, 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.
To charge PC § 666, the prosecution must establish: (1) the accused is guilty of 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 Fight in Irvine, CA
There are several vehicle theft charges we defend in Irvine, CA. The first one that probably comes to mind is grand theft auto, but that's technically not its own charge. Grand theft auto is a smaller part of California's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if the alleged offender wasn't going to keep it, they're more likely to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, it's almost always better to be charged with joyriding in Irvine, CA, since the prosecution is more likely to assign that as a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or keeping the vehicle is enough for a conviction.
When you contact our law firm, you'll work with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Contact us now to start 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. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.
Grand theft auto and joyriding have a close relationship in Irvine, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Irvine, 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. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. If you deprive someone of their vehicle with any intentions, this law applies.
This charge is popular in Irvine, CA, courts as either a plea deal or as its own charge.
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 Irvine, 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 Irvine, CA. That said, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Temporarily deprive | Permenantly deprive |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Due to the violent nature of the crime, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
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
It may be hard to believe, but you can face vehicle theft related charges without committing theft. 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.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Irvine, CA
White collar crimes in Irvine, CA, can look very different from each other, but all of them share a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
Many white collar crimes are non-violent, and even non-physical, forms of theft. 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 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 involve financial exchanges, though (at least at face value). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Money Laundering, Bribery & More
White collar crimes carry severe consequences even without physical violence — years in prison, massive fines, major career setbacks, and long-lasting stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.
White Collar Crimes — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a professional for personal gain. Irvine, 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 the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The key element is the pre-existing lawful access — 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 bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It commonly involves three stages: placement (introducing dirty money into the financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute specifically targets financial actions higher 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
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Irvine, CA, theft crimes lawyer is essential to give you insights into successful defense strategies.
Who can face bribery charges? Both the person offering the bribe and the person accepting it can be charged in Irvine, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Irvine, 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. California Penal Code § 470 is broad and covers checks, money orders, contracts, deeds, wills, warrants, notary public symbols, identification documents, and many other types of written instruments.
Who can face forgery charges? 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 document, is sufficient for a conviction.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Irvine, 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, such as obtaining credit, goods, services, or medical information.
Crucially: You can be found guilty even if the alleged victim didn't lose any money. Just taking and using another person's information without a legal reason is enough to trigger criminal charges under California statute § 530.5. Because of this, you need to hire an expert theft crimes lawyer whatever the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Irvine, CA, and frequently involve federal charges when conducted online, across state lines, or at scale.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend in Irvine, CA
Fraud encompasses a variety of specific theft types in Irvine, CA. Generally speaking, a person who commits theft by acting dishonestly in order to get another person to give away 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. For example, a person who intentionally burns down their house then tells the insurance company that it was an accident is guilty of insurance fraud.
A similar fraud charge is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another notable variation 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.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Different Kinds of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Irvine, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when a 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: Lying about being a contest winner; pretending to be a tech support assistant; creating fake invoices; collecting donations for a nonexistent charity.
The charge level (misdemeanor vs. felony) depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. Insurance fraud charges are always a big deal, and are often felonies in Irvine, CA. An experienced theft crimes lawyer will protect your rights and analyze all the evidence to help you find the best outcome possible
Common examples include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; exaggerating property damage; arson for insurance proceeds; fabricating injuries; double billing for a health service.
Potential Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Irvine, CA, go beyond credit cards and involve the misuse of financial account access information. You could be accused of using another individual's card without authorization, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently obtaining or selling card account information.
What to know about federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when accounts are used across state lines or some part of the alleged crime occurred online. 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 Irvine, 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: Claiming income is less than it actually is; using fake identities to collect extra benefits; Trading or selling food stamps; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. Your local Irvine, CA, theft crimes lawyer can push back against the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (typically): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud 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 legally receiveMedicare hospice benefits, the recipient must have a projected lifespan of six months or less if their current health conditions progress in a typically expected manner — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
This type of fraud is more often alleged towards providers over patients. Because healthcare professionals have more access to control billing and provide diagnoses, they are at higher risk of being accused of hospice fraud. And as if it weren't bad enough going up against the Irvine, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important Note: 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. Providers are often unaware that an investigation is underway until a search warrant is executed.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges have particularly far-reaching consequences. In Irvine, 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. 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.
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.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Ineligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under 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. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
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. These are some of the most complicated cases to defend in Irvine, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office managers, 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 benefits, the care recipient must be homebound and require specialized care. Home health fraud exploits this framework in a variety of ways.
A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Irvine, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Warning: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.
Potential Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Defend in Irvine, CA
Violent crime charges and theft charges often go hand in hand in Irvine, CA. This can occur if you're charged with robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.
However, some thefts which did not start out violent can end up involving violence. 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 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 it can consist of any form of harm to the victim, including emotional or reputational. For example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.
Robbery, Extortion & Force-Related Theft
If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. These charges are always felonies and often carry strike designations. It's essential to get a theft crimes lawyer in Irvine, CA to protect your freedom.
Robbery — California Penal Code § 211
Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. Being convicted of robbery will likely result in a prison sentence as well as a strike.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
Possible Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to 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.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Irvine, CA
Burglary is often charged along with theft in Irvine, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. Ordinarily, this is a building, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly smashed a car window to take something from the glovebox, that would be considered burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, what you were allegedly planning to do in a location can be just as important as how you got access to it.
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. 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. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Irvine, CA (except in extreme cases).
Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to in order to steal from the building. It's common to face burglary and vandalism charges together in Irvine, CA, heightening your need for an experienced theft crimes lawyer to fight for your freedom.
Lastly, there is a theft charge you can be accused of in Irvine, CA, even if you didn't steal something. What can lead to this? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
Irvine, CA burglary charges can be wildly different from one another, and may not even involve theft — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place for the purpose of committing a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is the key to burglary charges.
Residential burglary is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Irvine, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison Term: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. You could face either misdemeanor or felony charges for this offense.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Irvine, CA prosecutor interprets the circumstances.
Common misconception: The vehicle must be locked for a burglary charge to apply. This is still against the law, but the burglary enhancement requires that the vehicle was secured in some way.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Irvine, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
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 up against home invasion charges, you need the most experienced criminal defense team available, and you need them as soon as possible.
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. You need a Irvine, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. 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. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without knowing their full history, or from unknown sellers, does not 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 Irvine, CA.
While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- 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.
Without compounding charges, trespassing is usually charged as a misdemeanor or infraction. However, Irvine, 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
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
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. Because of this stealing even a nearly worthless firearm results in 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 important to find an attorney who is able to protect you from even the toughest opponents.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
If the alleged victim was 65 or older, you might be up against elevated penalties. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.
This offense is aggressively prosecuted in Irvine, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement can complicate cases further.
Examples: Lenders pressuring the elderly to take bad loans; family member using power of attorney to take money; contractor overcharging vulnerable seniors; phising emails that impersonate loved ones.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
During emergencies, stealing property can be charged as looting. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
If the enhanced penalties weren't enough on their own, the Irvine, 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
Trying to steal something and failing is still a crime in Irvine, CA. Attempted theft, burglary, or robbery in California needs to include: (1) the desire to break the law, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
For any of the charges above, or more, when you contact our firm, you can speak with an expert theft crimes lawyer in Irvine, CA, who will listen to your side of the story and build a defense around that. Together, we will fight for the best outcomes possible in your case.
Facing Theft Allegations? These Are Your Next Steps
You need to take these accusations seriously. The Irvine, CA, government is after you, you could be facing major legal consequences, and a conviction could derail your life. 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. With one of our Irvine, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. Here are the steps we recommend taking:
1. Comply With the Police
Nobody wants to be arrested. However, don't resist. Be polite and respectful during the process. Refusing to comply can only make things worse.
2. Act Calm and Don't Talk
You may be questioned by the police – don't talk. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be charged with perjury.
3. Call a Irvine, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. One of these should be to your theft crimes lawyer. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. You can reach us 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. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Cooperate With Your Attorney to Make a Personalized Defense
Finally, you work with your attorney to craft a strong defense. A skillful theft crimes lawyer in Irvine, CA, will hear your side of the story, negotiate with the prosecution, and fight for charges to be dismissed wherever possible.
How Our Theft Lawyers Fight Against These Charges
Every theft case is different — and every defense strategy needs to be adapted to the specific facts, proof, and allegations. Below, you can read about some of the popular ways we will fight theft cases in Irvine, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
One of the most powerful defenses in any theft case is the absence of criminal intent. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Additional intent-based defenses consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key principle: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. Challenging the intent element is not simply a fallback strategy. 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.
Defense Application:
- Grand Theft: Negates specific intent to permanently deprive
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The 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, the Irvine, CA, police department will gather evidence through searches. If the authorities broke the law, the evidence can be thrown out and the district attorney may not be able to move forward with your case.
Here are some of the reasons that evidence is thrown out in theft cases: warrantless searches of vehicles, homes, or persons without valid legal justification; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the limits of a legal warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — eliminating a single piece of highly damaging evidence — can make a big difference. Suppression motions are fully litigated in Irvine, 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, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Irvine, CA. False accusations can result from personal disputes, witnesses mistaking the defendant for someone else, misunderstandings about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — aggressive and immediate defense is essential from the moment of accusation.
False accusations in Irvine, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — particularly across racial lines, in scenarios of poor visibility, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Irvine, CA, court.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); attacking the character of the person making the allegations; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between different statements and testimony between witnesses.
If you are facing false allegations: Do not confront witnesses, do not try to build your defense on your own, and do not tell your side of the story to the police without your theft lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — In some cases, the Irvine, CA, prosecutor must prove you knew the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — Theft requires that property be taken without the owner's consent. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.
Rights Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Diversion Programs — Especially for offenders without a record, California offers sentencing alternatives that can result in charges being dismissed after completing community service, restitution, or counseling. This is often a favorable outcome for our clients that we will fight to secure.
Contesting the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in many cases, must not have been incarcerated 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. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
When you work with a theft lawyer to clear your record, you can look forward to the following perks: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Critical Note: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Common Theft Crimes Questions in Irvine, CA
Is there a difference between petty theft and grand theft in Irvine, California?
The primary distinction is the value of the property allegedly taken. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). 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.
Does California allow me to expunge my record from a theft crime?
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 Irvine, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Additionally, we can often secure alternative sentencing options which will keep you out of jail. Our theft crimes attorneys 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 had no reasonable basis to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like strangely good deal or no documentation of ownership can erode your case, which is why an attorney is essential.
How serious is a grand theft auto charge in Irvine, CA?
Very serious. In Irvine, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you are at risk of harsher penalties. Get in touch with us right away if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.
Will I go to jail for a theft charge?
You can avoid jail in many cases, actually. Irvine, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. While felony charges can be harder to avoid prison for, it is still possible in some cases. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact our firm to understand what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether or not you committed theft is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and arguments surrounding it — is central to burglary defense.
Need a Theft Defense Attorney in Irvine, CA? Contact Us Right Away.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our firm is 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 Irvine, 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 Irvine, CA:





























