Theft Lawyer Laguna Niguel, CA. Nobody wants to be in a situation where they're facing criminal charges. You might even be facing multiple theft charges at once. It might look like all hope is lost.
Even when you can't figure out what to do on your own, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our team of legal experts has the tools and training to fight against any theft and related charges. With a Laguna Niguel, CA, theft crimes lawyer from our team defending your freedom, every legal avenue will be explored to protect your rights.
Talk to a theft crimes lawyer right away at (800) 755-5174 or use our contact form for a private review of your case at no cost. It's easy to get started, and acting fast can mean everything.
The Importance of a Theft Lawyer in Laguna Niguel, CA
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to figure out a complex legal system and potentially set yourself up for the below consequences:
- Jail Sentence: Most theft charges in Laguna Niguel, CA, carry a potential jail sentence of six months or more.
- Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
- Career Setbacks: 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.
A Laguna Niguel, CA, theft crimes lawyer can protect your rights and fight against these outcomes. 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 Laguna Niguel, CA Theft Defense Lawyers
Not every criminal defense firm is created equal. 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 — With over 50 years of combined courtroom experience, we have built up relationships with the Laguna Niguel, CA prosecutors and judges, which we will use when securing plea deals.
- Trial-Ready From Day One — Misdemeanor or felony, we build your defense to be trial-ready. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Record Expungement Services — Even after the fact, we're still here to help. You deserve to move forward with your life, and we can help you do it.
- Stellar Reputation – well-respected amongst both clients and peers.
- Available 24/7 — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
- Fully 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 Laguna Niguel, CA
Use the links below to navigate directly to a full explanation of the law, consequences, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Charges We Fight in Laguna Niguel, CA
With over 50 years of combined legal experience, we have what it takes to protect your rights. If you need a theft crimes lawyer in Laguna Niguel, CA, don't wait: 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
While there are many different theft case types in Laguna Niguel, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property without permission. The distinguishing factor is how much value was allegedly stolen: If it was $950 or less, the charges will generally be petty theft, while higher values will ordinarily be grand theft.
Defending petty theft allegations is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). However, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, 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? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, most shoplifting charges are misdemeanors. That said, 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 Laguna Niguel, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) has been a target of recent California laws, and is prosecuted harshly in Laguna Niguel, CA.
Shoplifting Possible Penalties:
- Misdemeanor Jail: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies include: Theft was unintentional, mistake of fact, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
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 Laguna Niguel, 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 activate this sentencing enhancement, the Laguna Niguel, CA, district attorney must establish: (1) the suspect committed petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. 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 Laguna Niguel, CA
There are several vehicle theft charges we defend in Laguna Niguel, CA. The first one that probably comes to mind is grand theft auto, but that's actually not its own charge. Grand theft auto comes from a section of the state's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if the defendant did intend to return it, they're probably going 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 Laguna Niguel, CA, since the prosecution is more likely to assign that as a misdemeanor.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or having the vehicle can get you arrested for possession of a stolen vehicle.
At the Law Offices of David S. Chesley, you'll work with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Reach out now to start protecting your freedom.
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 — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. This means even stealing a beater worth $200 can result in a grand theft auto charge.
Grand theft auto and joyriding have a close relationship in Laguna Niguel, 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 Laguna Niguel, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. If you deprive someone of their vehicle with any intentions, this law applies.
This charge is popular in Laguna Niguel, 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. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Laguna Niguel, CA, vehicle theft crimes lawyer to build you a solid defense.
In most circumstances, Laguna Niguel, CA, joyriding cases are handled as misdemeanors. However, 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 |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Laguna Niguel, CA prosecutor is likely going to pick carjacking over another offense. Because of the violent element, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have or are storing a vehicle when you knew or should have know it 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 state must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Laguna Niguel, CA
White collar crimes in Laguna Niguel, CA, can look very different from each other, but each of them share a common trait: misusing professional power for financial gain.
Most white collar crimes center around taking or hiding money in some way. 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 not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Identity Theft, Fraud & More
White collar crimes carry severe consequences even without physical violence — years in prison, massive fines, major career setbacks, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Synopsis
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a position for personal gain. Laguna Niguel, 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. Call us now if you have any reason to believe the police are looking into you. 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 — embezzlers have legitimate control over the money or property they steal.
Common contexts: 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.
Possible 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: Repay alleged victims, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It commonly consists of 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 (making the funds appear legitimate).
California's money laundering law is set to combat transactions of more 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, which tends to have much harsher penalties.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Laguna Niguel, CA, theft crimes lawyer is critical to advise you on how to address these charges.
Important: Both the person offering the bribe and the person accepting it could face charges in Laguna Niguel, 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
Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers checks, money orders, stock certificates, deeds, wills, warrants, notary public symbols, lottery tickets, and many other types of written instruments.
What if I didn't steal anything with it? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, in addition to the act of creating or using the false item, is enough to be convicted.
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
In Laguna Niguel, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, property, services, or medical information.
What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply obtaining and using someone's information without permission is enough to warrant a crime under California law. This makes it critical to work with an expert theft crimes lawyer regardless of the specifics of your case.
Identity theft accusations are aggressively prosecuted in Laguna Niguel, CA, and frequently involve federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Laguna Niguel, CA
Fraud encompasses a variety of specific theft types in Laguna Niguel, CA. Broadly speaking, someone who commits theft by lying about something in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is is one of the more common version of fraud.
Insurance fraud is a popular type of fraud in Laguna Niguel, CA, wherein someone lies on an insurance claim to increase their benefit. For example, if someone were to hide their valuable property and claim it was stollen, that person can be charged with insurance fraud.
This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another popular form is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
An expert theft crimes lawyer in Laguna Niguel, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.
Types of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Laguna Niguel, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses is one of the most common fraud charges in Laguna Niguel. These allegations are used when a person intentionally deceives another through false statements or misrepresentations, leading to the second person willingly giving away goods or services. The key element is that the victim willingly hands over the property as a result of being deceived.
Common examples: Selling a product that doesn't exist; misrepresenting credentials to get paid for work; creating fake invoices; collecting donations for a nonexistent charity.
If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level 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
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. If you're facing insurance fraud charges in Laguna Niguel, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will defend your freedom and explore all avenues to help you find the best outcome possible
Frequent examples include: Staging or exaggerating auto accidents; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.
Possible Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
In Laguna Niguel, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. Charges can occur if someone is caught using 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: You are likely to face both federal and state charges, especially 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
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.
These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. A leading Laguna Niguel, CA, theft crimes lawyer can dissect the prosecution's case and boost your chances of a positive outcome.
Potential Penalties:
- Under $950 (usually): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Loss of future benefit eligibility
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Laguna Niguel, 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 person being treated 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.
While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. Laguna Niguel, 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: 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. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. 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)
- Extra: 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. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Laguna Niguel, CA theft lawyer who has your back.
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. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Warning: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Providers and referrers are both at risk of prosecution under these circumstances.
Possible Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically targets 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 Laguna Niguel, CA, as they often involve extensive medical records and expert testimony/analysis. Physicians, billing companies, office workers, and support staff 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 is a subcategory of Medicare and Medicaid fraud that specifically targets the fraudulent billing for in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, a patient must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.
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 Laguna Niguel, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Important: The United States' Stark Law makes it a crime for a doctor to refer a medicare patient to a home health company, if the doctor makes money from that company. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.
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 Laguna Niguel, CA
There is often a crossover between theft and violent crime charges in Laguna Niguel, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
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 relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. Your Laguna Niguel, 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.
California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.
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 report someone to immigration authorities unless paid; threatening to damage someone's storefront unless they pay "protection money;" threatening to deny someone a rightful certification unless special favors are given.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Laguna Niguel, CA
Burglary is often charged along with theft in Laguna Niguel, CA. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. This is commonly a building, like a storefront (which would make it commercial burglary), but not always. For example, if you supposedly broke a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. The differences in charges had a major impact for several offenses and penalties. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to in the process of a theft. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Laguna Niguel, CA, heightening your need for an expert theft crimes lawyer to protect your rights.
Finally, even if you don't commit a theft, you can face related charges in Laguna Niguel, CA. 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
California burglary law is broader than most people realize — 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
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — for the purpose of committing a theft or any felony inside. You do not have to actually steal anything. The reason that you went there 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 Laguna Niguel, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison Term: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not available for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. You could face either misdemeanor or felony charges for this offense.
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.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. This charge commonly arises when someone smashes a car window to take items left inside. This could be either a misdemeanor or a felony, depending on how the Laguna Niguel, CA prosecutor interprets the circumstances.
Important note: Stealing from an unlocked vehicle does not qualify for a burglary charge. This would still likely be prosecuted as theft, but the burglary enhancement requires that the vehicle was secured in some way.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
At the intersection of burglary and violent crimes are home invasion charges. Laguna Niguel, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
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 facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them immediately.
Potential Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & 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 Laguna Niguel, 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. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without knowing their full history, or from unknown sellers, does not make you guilty.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
Without compounding charges, trespassing is normally charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.
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 nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.
Federal firearms theft charges may also apply. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more critical to find an attorney that has wide resources and strong legal skills.
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 Laguna Niguel, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member exerting undue influence over an elder's finances; fake contractor promises work but never completes it; 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. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
These charges are often looked upon very negatively in Laguna Niguel, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. These acts are viewed as particularly heinous, and penalties can be severe. If you allegedly broke into a business building during a wildfire and took some of its merchandise, you could face looting allegations.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. For it to be considered an attempt, the prosecution needs to prove two things: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — regardless of whether it was successful or not.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
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.
No matter what you've been accused of, when you contact the Law Offices of David S. Chesley, you can connect with an expert theft crimes lawyer in Laguna Niguel, CA, who has the training and experience needed to find a path forward. As a team, we will defend your rights and your freedom.
Steps to Take When Accused of Theft
You need to take these accusations seriously. The Laguna Niguel, CA, government is after you, you could be facing major legal consequences, and you need to defend your reputation as well as your innocence. When you're alone, the odds can seem insurmountable.
But you have an ally. The Law Offices of David S. Chesley is here to help. With one of our Laguna Niguel, 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. Do Not Resist Arrest
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. Fighting back can only lead to additional charges.
2. Keep Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – 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. Contact a Laguna Niguel, 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. Getting legal assistance quickly can protect you from making mistakes that will come back to hurt you later. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Coordinate With Your Attorney to Create a Defense Strategy
With the right attorney by your side, it's time to create a strategy to fight the charges. A skilled theft crimes lawyer in Laguna Niguel, CA, will hear your side of the story, negotiate for deals with the state, and argue for a dismissal whenever possible.
Powerful Defense Strategies for Theft Charges
As expert theft crime attorneys, we know that each case's defense strategy must be customized to the specific details, circumstances, and accusations. Below, you can read about some of the popular ways we will fight theft cases in Laguna Niguel, 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.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If 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 accused took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key point: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. This is a key part of nearly all theft defenses, especially in cases involving family disagreements, where sometimes people can forget about who the formal owner of a piece of property is and unintentionally misuse it.
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
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 many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If searches disobeyed regulations, the evidence can be thrown out and the district attorney may need to drop charges.
Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legitimate 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 be the difference between a conviction and acquittal. Suppression motions are fully litigated in Laguna Niguel, CA, courts, and frequently come up in theft cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can come from personal disputes, misidentification by witnesses, misunderstandings about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — aggressive and immediate defense is essential from the moment of accusation.
False accusations in Laguna Niguel, 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 the perpetrator was briefly seen. 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 Laguna Niguel, CA, court.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; attacking the character of the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different witnesses' versions of events.
If you are innocent: Do not confront witnesses, do not try to collect evidence yourself, and do not talk to the police without your theft crimes lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — If you merely were holding property that turned out to be stolen, the prosecution must prove you knew the property was obtained through theft. 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. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.
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 — In many cases with offenders without a record, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. We identify every diversion opportunity available in your specific case.
Disputing the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
California gives you options to clear your record and get a fresh start. 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. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have been incarcerated in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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.
Expungement under § 1203.4 carries meaningful practical benefits: Of note, job applications become a lot easier, as you won't have to mention your conviction. That said, there are still some restrictions in the expungement process — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Laguna Niguel, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Important: 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 full sealing, to be able to legally own a gun again, or clearing a prior strike, a more comprehensive post-conviction strategy is required. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Laguna Niguel, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Laguna Niguel, 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. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Both require an attorney, but grand theft charges demand urgent and aggressive representation.
Is it possible to expunge a theft conviction in California?
Frequently, yes. For probation sentences, expungement is often offered conditionally upon your completion. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What should I expect from first-time shoplifting charges in Laguna Niguel, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. 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?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you sincerely weren't aware and had no reasonable basis to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like strangely good deal or lack of receipts can erode your case, which is why an attorney is essential.
How serious is a grand theft auto charge in Laguna Niguel, CA?
Extremely. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have any prior convictions, you could be up against increased sentences. Call 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. Many 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. Laguna Niguel, 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 our firm to understand what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether you actually took anything doesn't matter — the prosecution's goal is to show that you trespassed and had that event. Because of this, intent evidence — and arguments surrounding it — is critical to burglary defense.
Accused of Theft in Laguna Niguel, CA? Call Our Firm to Protect Your Rights.
There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is prepared to defend you — no matter when you need us. Call now for a no-obligation consult on your case.
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