Theft Lawyer La Jolla, CA. Being arrested for theft is just the beginning . You might even be facing multiple theft charges at once. On your own, it can feel impossible to win.
Even when everything else seems to be going wrong, there is an option who will fight for you: The Law Offices of David S. Chesley. Our lawyers have the tools and training to fight against any theft and related charges. With a La Jolla, CA, theft crimes lawyer from our team defending your freedom, you can rest assured that you're getting expert legal representation.
Discuss your case with a theft crimes lawyer now at (800) 755-5174 or send us a message about your case for a free, confidential consultation. Waiting too long to reach out can cost you everything.
How a La Jolla, CA, Theft Lawyer Can Help You
Theft crime accusations are always a big deal, no matter what the specifics are. Without a lawyer, you're stuck trying to navigate a convoluted legal code and increase your risk of the following penalties:
- Prison Sentence: Most theft charges in La Jolla, CA, carry a potential jail sentence of six months or more.
- Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
- Damaged Character: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a La Jolla, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:
Why You Should Hire Our La Jolla, CA Theft Defense Lawyers
Working with our expert La Jolla, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and how it will impact your case:
- 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.
- Extensive Court Relationships — Decades of practice in La Jolla, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Prepared to Fight Your Case at Trial — We prepare every case as if it's going to trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- 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 – well-respected amongst both clients and peers.
- Always Availalbe — Arrests happen at all hours. So do we. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
- Entirely Private — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.
Theft Charges We Defend in La Jolla, CA
Use the links below to navigate directly to a full explanation of the law, penalties, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Cases We Fight in La Jolla, CA
Our attorneys know how to fight theft crime cases. Should you need a theft crimes lawyer in La Jolla, CA, act fast: contact us right away for a free, confidential consultation.
Our lawyers can help you fight all of the following allegations:
Petty Theft Charges vs Grand Theft Charges
In La Jolla, 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 their consent. The main difference is the amount that was supposedly taken: For anything $950 or less, the classification will ordinarily be petty theft, while higher values will generally be grand theft.
Defending petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. On the other hand, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Criminal Charge | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $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
Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Since 2014, most shoplifting charges are misdemeanors. Keep in mind, though, that you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Whether you're up against a felony or misdemeanor charge, a local La Jolla, CA theft crimes lawyer can help protect you from the worst consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is increasingly prosecuted aggressively by La Jolla, CA, prosecutors following recent state legislation.
Shoplifting Possible 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 are: Lack of intent to steal, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
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. Not every prior offense in La Jolla, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
To charge PC § 666, the state must establish: (1) the accused engaged in petty theft; and (2) the suspect has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.
Possible Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in La Jolla, CA
Whatever La Jolla, CA, vehicle theft charge you're facing, we can help you fight it. The first one that probably comes to mind is grand theft auto, but that's actually not a law of its own. Grand theft auto is a smaller part of the state's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if the defendant did intend to return it, 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 La Jolla, CA, since the prosecution is more likely to assign that as a misdemeanor.
If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or having the vehicle can result in these charges.
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. Call now to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. This means even stealing a beater worth $200 can result in a grand theft auto charge.
The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).
Possible Penalties:
- Charge Type: Wobbler (usually felony in La Jolla, 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. Simply taking or driving someone's vehicle without permission is enough.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
Joyriding — California Vehicle Code § 10851
Joyriding 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 La Jolla, 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 La Jolla, CA. That said, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Return the vehicle afterwards | Keep the vehicle forever |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the La Jolla, CA prosecutor is likely going to pick carjacking over another offense. Because of the violent element, carjacking is always a felony and is not eligible for probation in many circumstances.
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 or are storing a automobile that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its 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 were aware that the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Defend in La Jolla, CA
White collar crimes in La Jolla, CA, can be any one of a variety of charges, but they all share a common trait: misusing professional power for financial gain.
Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. 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 doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes are centered around the exchange of money, though (at least at face value). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing someone's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.
Embezzlement, Identity Theft, Fraud & More
White collar crimes carry severe consequences even without physical violence — incarceration, massive fines, professional license revocation, and permanent reputational damage. 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 — Synopsis
Individual "white collar crimes" can look very different from each other. These charges will include the element of deceit, breach of trust, or abuse of a professional for personal gain. La Jolla, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The main feature is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Common contexts: An accountant siphoning company funds; 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, 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 usually consists of three stages: placement (adding the dirty money into the legitimate financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).
California's money laundering statute aims at financial actions higher than $5,000 when the alleged offender was aware that the money was dirty. Federal money laundering charges (18 U.S.C. § 1956) can also apply, 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 order to affect the actions of people in certain positions of power. California law criminalizes bribery in many contexts — elected officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever position you're in, a La Jolla, CA, theft crimes lawyer is essential to advise you on how to address these charges.
What if they didn't accept the bribe? Whether you offered or accepted a bribe, you can be charged in La Jolla, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in La Jolla, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers checks, receipts, contracts, vehicle titles, power of attorney documents, court orders, prescriptions, lottery tickets, and many other types of written instruments.
What if I didn't use the forged document? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the act of creating or using the false item, is sufficient for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in La Jolla, CA if you use someone else's personal information without permission to perform a restricted activity, 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. Just taking and using another individual's information without a legal reason is enough to violate California law. Because of this, you need to work with an expert theft crimes lawyer regardless of the specifics of your situation.
La Jolla, CA, identity theft allegations are very serious, and often involve federal charges for more serious, widespread, or online cases.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend in La Jolla, CA
Fraud encompasses a variety of specific theft types in La Jolla, CA. Generally speaking, someone who commits theft by acting dishonestly so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.
Insurance fraud is a popular type of fraud in La Jolla, CA, wherein someone lies on an insurance claim to increase their benefit. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout can be charged with 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 popular 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.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Types of Fraud, False Pretenses & Financial Deception
Fraud charges in La Jolla, CA, cover a vast range of conduct — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when one person intentionally deceives another through false statements or misrepresentations, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; lying about the condition of goods sold.
Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.
Insurance Fraud — California Penal Code § 550
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. Insurance fraud charges are always a big deal, and are often felonies in La Jolla, CA. A leading theft crimes lawyer will defend your freedom and explore all avenues to help you find the best outcome possible
Common examples include: Claiming existing auto damage is newly occuring; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.
Possible Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
In La Jolla, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. This includes using another person's card without authorization, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally taking or selling card account information.
Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when cards 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 La Jolla, 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; not reporting new circumstances that would end benefits eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A premier La Jolla, CA, theft crimes lawyer can help show issues in the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (commonly): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in La Jolla, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To legally receiveMedicare hospice benefits, the recipient must have a projected lifespan of six months or less if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.
Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. La Jolla, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.
Warning: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. 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 encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in La Jolla, CA.
While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. 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.
Critical Note: 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: Loss of eligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. These are some of the most complicated cases to defend in La Jolla, CA, as they often involve extensive medical records and expert testimony/analysis. Doctors, billing organizations, office workers, and clerks have all been accused of this violation at various points in time.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare reimbursement, a patient must be homebound and require skilled care. Home health fraud exploits this framework in a variety of ways.
One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. 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 La Jolla, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Warning: 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — and a Stark Law violation does not require proof of intent.
Potential Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Fight in La Jolla, CA
There is often a crossover between theft and violent crime charges in La Jolla, CA. This can be the case when you're accused of robbery. A person commits robbery when they take something directly from another person by force. Versus burglary, the alleged theft occurred away from the alleged victim. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can 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. When one person commits extortion, they threaten another in order to get something from them. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
Robbery, Extortion & Force-Related Theft
If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. Beyond the felony charges themselves, you could also be up against a strike on your record. Your La Jolla, 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.
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
Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to report someone for a crime unless paid; threatening to release private photos unless money is provided; 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 Fight in La Jolla, CA
Burglary technically isn't always a theft crime, but it is closely related. California defines burglary as entering a location without permission in order to steal something or break a different law. This is commonly a building, like a storefront (in which case it would be commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Due to this, these cases can often hinge on if you were allowed to be in the location or not.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Today, shoplifting is no longer a subset of burglary offenses in La Jolla, CA, and faces more lenient penalties if convicted.
Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to in the process of a theft. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in La Jolla, CA, making it all the more important to get an experienced theft crimes lawyer to defend you.
Finally, you can face theft charges in La Jolla, CA, even if you didn't steal anything yourself. How does this happen? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
La Jolla, CA burglary charges can be wildly different from one another, and may not even involve theft — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.
Residential Burglary (First Degree) — California Penal Code § 459
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 while planning to commit a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location 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 La Jolla, 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 Sentence: 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 covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. Unlike residential burglary, vehicle burglary is a wobbler.
Important note: Stealing from an unlocked vehicle does not qualify for a burglary charge. This would still likely be prosecuted as theft, 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.
Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — all carrying their own prison terms, often served consecutively. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.
Potential Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. Buying, selling, or disguising something that was stolen can lead to these charges.
Receiving stolen property charges can fall apart if you can prove you weren't aware that the item 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 automatically mean you had knowledge of theft.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism 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 La Jolla, CA.
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. 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 ordinarilly charged as a misdemeanor or infraction. However, La Jolla, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.
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.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. This means the theft of even a low-value firearm results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
To make things worse, you may also have to fight in federal court. The potential dual nature of these charges multiplies the complexity. And it's even more essential to have an attorney with the skills to fight for you at all levels.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
If the alleged victim was 65 or older, you might be up against elevated penalties. Financial elder abuse (also known as theft from an elder) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
The prosecution in La Jolla, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement only makes things more complex.
Examples: Caregiver taking money from a client's account; family member doesn't provide an agreed upon level of care; contractor overcharging vulnerable seniors; 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
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
In La Jolla, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. Looting is considered a way of taking advantage of La Jolla while it's at its most vulnerable, and judges are never pleased by this. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. For it to be considered an attempt, the prosecution needs to prove two things: (1) the specific intent to commit the crime, and (2) a tangible step is taken towards breaking the law — 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 while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
Attempted burglary and attempted robbery are still strike offenses in California. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
For any of the charges above, or more, when you call our firm, you can connect with an expert theft crimes lawyer in La Jolla, CA, who has the training and experience needed to find a path forward. Together, we will craft a staunch defense against the allegations.
5 Steps to Take When Accused of Theft
Theft allegations are just the tip of the iceberg. There could be a warrant out for your arrest, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. When you're alone, it can seem impossible.
But you're not alone. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. With one of our La Jolla, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. To get started, use the five steps below to protect your freedom and avoid common pitfalls:
1. Comply With the Police
While it's reasonable to feel angry about being arrested, don't resist. If you act civilly, it will make things go faster and easier. Refusing to comply can only make things worse.
2. Remain Calm and Don't Talk
It's common for police to interview you after an arrest – invoke your right to remain silent. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and if anything you say is untruthful, you can be charged with perjury.
3. Reach Out to a La Jolla, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. 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
Before you can leave the jail, you'll probably have to go through a bail hearing. Our firm's theft crimes defense attorneys will argue against the prosecution for your release. Your rights and freedom matter, no matter what you've been accused of.
5. Work With Your Attorney to Build Your Defense
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in La Jolla, CA, will take the time to listen to you, negotiate with the prosecution, and fight for charges to be dismissed wherever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy needs to be oriented to the specific details, evidence, and charges. Here are the major defense approaches our attorneys use to fight theft charges in La Jolla, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. 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 consist of: mistake of fact (the accused took the wrong item believing it to be their own); 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: 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. This isn't merely a backup plan. It is often the strongest available defense, particularly in cases involving property disputes, family conflicts, and many civil debt situations.
Using This Defense:
- Grand Theft: Negates specific intent to permanently deprive
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities 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: warrantless searches of vehicles, homes, or persons without valid legal justification; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond 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.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in La Jolla, 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
The La Jolla, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can arise from personal arguments, 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. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.
False accusations in La Jolla, 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, if they didn't have a clear sightline, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in La Jolla, CA, court.
Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part alleged victim; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between different witnesses' versions of events.
If you have been falsely accused: Do not confront witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without an attorney present. You might make a mistake, or the police might misinterpret something you say. Contact defense counsel immediately and say nothing.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the state must prove you knew the property was obtained through theft. 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 La Jolla, CA, theft cases. It's not illegal to use someone else's property if you had permission.
Constitutional Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.
Diversion Programs — For many offenders without a record, California offers sentencing alternatives that can keep you out of prison by participating. We identify every diversion opportunity available in your specific case.
Challenging the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in many cases, must not have been incarcerated in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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: In particular, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, there are still some restrictions in the expungement process — it doesn't allow gun ownership, 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: 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, a more comprehensive post-conviction strategy is required. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Frequently Asked Questions About Theft Charges in La Jolla, CA
Is there a difference between petty theft and grand theft in La Jolla, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Petty theft misdemeanors are typical for anything $950 and below. Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Can a theft charge be expunged from my record in California?
In many cases, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. If you want to leave the past behind and move on with your life, this can be a major step forward. 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 La Jolla, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. Our theft crimes attorneys can make a major difference and help you with avoiding a conviction and protecting your record.
I didn't know the property was stolen. Can I still be convicted?
Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you honestly weren't aware and didn't have a reason to suspect it, that can form the basis of your defense. This is a strategy we frequently lean on in receiving stolen property cases. Keep in mind, though, that circumstances like an unusually low price or lack of receipts 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 La Jolla, CA?
Very serious. In La Jolla, 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 any prior convictions, you could be up against increased sentences. 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 — such as 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. La Jolla, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Call us to review what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. 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 challenging how it's proven — is critical to burglary defense.
Fighting Theft Allegations in La Jolla, CA? Contact Our Team Now.
You need a theft crimes lawyer to protect you. It's not about innocence or guilt — it's about getting help navigating the La Jolla, CA, legal system. Our lawyers are equipped to defend you — 24 hours a day, 7 days a week. Your first consultation is completely free and confidential.
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