Theft Lawyer Lake Elsinore, CA. Being arrested for theft is just the beginning . Theft accusations in particular can be scary, because they are often layered with multiple charges. It can seem like there's no way out.
Even when it feels like there is no hope, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our attorneys have extensive experience defending clients against all manner of theft crime charges. With a Lake Elsinore, CA, theft crimes lawyer from our team on your case, you're going to get honest advice on how to get the best outcome possible.
Talk to a lawyer right away at (800) 755-5174 or use our contact form for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.
Why You Need a Leading Lake Elsinore, CA, Theft Defense Lawyer
Theft charges need to be treated seriously, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to figure out a complex legal code and increase your risk of the following penalties:
- Prison Sentence: Most theft charges in Lake Elsinore, CA, carry a potential jail sentence of six months or more.
- Fines: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
- 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.
If you want to avoid all of this, you need a distinguished Lake Elsinore, CA, theft crimes lawyer. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:
What Sets the Law Offices of David S. Chesley Apart
Picking the right Lake Elsinore, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and why it matters for your theft case:
- A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know common weak points and how to attack the prosecution's case.
- Longstanding Court Relationships — Decades of practice in Lake Elsinore, 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 — Misdemeanor or felony, we build your defense to be trial-ready. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
- Expungement Services — Even after the fact, we're still here to help. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Stellar Reputation – We deliver results, and are known for doing so.
- Ready for Your Call Right Away — Our team is available whenever you need us most. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Totally Confidential — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.
Every Theft Charge We Defend in Lake Elsinore, CA
Click any charge below to navigate directly to a full breakdown of the law, consequences, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Charges We Fight in Lake Elsinore, CA
With over 50 years of combined legal experience, we have what it takes to protect your rights. if you require a theft crimes lawyer in Lake Elsinore, CA, don't wait: Reach out now 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 Lake Elsinore, CA, odds are high you're facing one of these two: Petty theft and grand theft. You can face these charges for taking someone's possessions without permission. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the charges will typically be petty theft, while any more will typically be grand theft.
Fighting petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges normally is a greater challenge, because it is more likely to be a felony. Whichever type of charge you're facing, a skillful theft crimes lawyer can help you minimize penalties.
Here's a breakdown of what distinguishes petty and grand theft:
| Criminal Charge | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $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
Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
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. Today, the majority of shoplifting cases are misdemeanors. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Lake Elsinore, 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) has been a target of recent California laws, and is prosecuted harshly in Lake Elsinore, CA.
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
Potential defenses include: No intention to steal, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Lake Elsinore, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.
To activate this sentencing enhancement, the prosecution must establish: (1) the defendant is guilty of petty theft; and (2) the suspect has previously been found guilty for certain crimes, mostly theft related — 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.
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 Lake Elsinore, CA
There are several vehicle theft charges we defend in Lake Elsinore, CA. The first one that probably comes to mind is grand theft auto, but that's actually not a unique charge. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
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 face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, it's almost always better to be charged with joyriding in Lake Elsinore, CA, since the prosecution is more likely to assign that as a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". As a parallel to the charge of receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or holding onto the vehicle can get you arrested for possession of a stolen vehicle.
When you work with us, you'll get a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Reach out today 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 — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.
Grand theft auto and joyriding have a close relationship in Lake Elsinore, 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.
Possible Penalties:
- Charge Type: Wobbler (usually felony in Lake Elsinore, 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 one of the main vehicle theft laws in California. It covers situations where the alleged offender both did and didn't intend to return the vehicle. This law is relevant any time someone allegedly drives a vehicle without permission.
This charge is popular in Lake Elsinore, CA, courts as either a plea deal or as its own charge.
Joyriding — California Vehicle Code § 10851
Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Lake Elsinore, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In Lake Elsinore, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. 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 | Temporarily deprive | Permenantly deprive |
| Normal 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. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because this action involves violence, carjacking is always a felony and is often ineligible for probation.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
In Lake Elsinore, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have or are storing a car when you knew or should have know it was stolen, PC § 496d still applies, regardless of your involvement in its theft.
This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. The prosecution must prove were aware that the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Defend in Lake Elsinore, CA
White collar crimes in Lake Elsinore, CA, can look very different from each other, but all of them have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
Most 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 is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. 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 involve financial exchanges, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, and identity theft involves stealing someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Forgery, Money Laundering, Bribery & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Lake Elsinore, CA, but you'd be wrong. The punishments can be dire — prison sentences, financial penalties, professional license revocation, and long-lasting 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 deception, breach of trust, or abuse of a position for personal gain. These cases are some of the most complicated in Lake Elsinore, CA, and normally require highly experienced representation to defend.
In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. 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. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Frequent embezzlement scenarios: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; 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: Full restitution, 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 ordinarilly involves three steps: placement (adding the dirty money into the legitimate financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).
California's money laundering statute is set to combat transactions over $5,000 conducted with knowledge that the money was obtained through criminal activity. You could also face federal money laundering charges under 18 U.S.C. § 1956, 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
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Lake Elsinore, CA, theft crimes lawyer is important to advise you on how to address these charges.
What if they didn't accept the bribe? Both the person offering the bribe and the person accepting it can be charged in Lake Elsinore, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Possible 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
Lake Elsinore, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. State law is broad and covers checks, receipts, contracts, vehicle titles, power of attorney documents, warrants, notary public symbols, lottery tickets, and many other types of written instruments.
Who can face forgery charges? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, in addition to the creation or use of the fake document, is sufficient for a conviction.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Lake Elsinore, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.
What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Just obtaining and using another individual's information without permission is enough to violate California statute § 530.5. Because of this, you need to hire an expert theft crimes lawyer whatever the details of your case.
Identity theft accusations are aggressively prosecuted in Lake Elsinore, CA, and increasingly result in federal charges when conducted online, across state lines, or at scale.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Lake Elsinore, CA
Fraud encompasses a variety of specific theft types in Lake Elsinore, CA. Generally speaking, a person who commits theft by acting dishonestly so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is a basic type of this crime.
Insurance fraud is a popular type of fraud in Lake Elsinore, 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 is guilty of 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 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. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
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
You could face accusations of fraud in Lake Elsinore, CA, for a wide variety of actions — from simple misrepresentations to elaborate financial schemes. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses is one of the most common fraud charges in Lake Elsinore. These allegations are used when one person tricks another person through disonest means, 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; misrepresenting credentials to get paid for work; pitching investments based on false information; 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 how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. The Lake Elsinore, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. A leading theft crimes lawyer will fight the allegations and consider multiple defenses to help you find the best outcome possible
Common forms include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; workers' compensation fraud; double billing for a health service.
Potential Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Lake Elsinore, CA, go beyond credit cards and involve the misuse of financial account access information. 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 acquiring or selling card account information.
Regarding federal charges: You are likely to face both federal and state charges, particularly when accounts are used across state lines or the internet is involved. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.
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
A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; not reporting new circumstances that would end benefits eligibility.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your premier Lake Elsinore, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.
Potential Penalties:
- Under $950 (commonly): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Lake Elsinore, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To qualify forMedicare hospice benefits, the person being treated must have a terminal prognosis of six months or less to live if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. Lake Elsinore, 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.
Important Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
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 allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's 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 Lake Elsinore, CA.
Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.
Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Providers and referrers are both at risk of prosecution under these circumstances.
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 United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Lake Elsinore, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Healthcare providers, billing companies, office managers, and support staff have all faced prosecution depending on their level of involvement.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare benefits, the person receiving care must be homebound and require specialized care. Home health fraud exploits this framework in a variety of ways.
Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. 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 Lake Elsinore, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Warning: 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. 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 Defend in Lake Elsinore, CA
There is often a crossover between theft and violent crime charges in Lake Elsinore, 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. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking can be compared to grand theft auto in the same way.
However, some thefts which did not start out violent can end up involving violence. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion 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. You're almost guaranteed to be facing felony charges. Your Lake Elsinore, 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
Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. Being convicted of robbery will likely result in a prison sentence as well as a strike.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
Possible Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to report someone for a crime 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 Lake Elsinore, CA
Burglary technically isn't always a theft crime, but it is closely related. 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 (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.
Regardless of the specifics of your burglary charges, 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 is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to burglarize someone's home. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Lake Elsinore, CA, doubling the importance of working with a top quality theft crimes lawyer to fight for your freedom.
Lastly, even if you don't commit a theft, you can face related charges in Lake Elsinore, CA. How can this be? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
People commonly think of burglary as entering someone's house to commit theft, but that's not how Lake Elsinore, CA law works — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
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 with the intent to commit a theft or any felony inside. This means that you can be found guilty even without actually committing theft. The intent at the moment of entry is the key to burglary charges.
This charge is always a felony and will add a strike to your record upon a conviction. This is one of the most serious theft-adjacent charges in California law, and Lake Elsinore, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. This charge is considered a wobbler and could be either a misdemeanor or a felony.
Your theft crimes lawyer in Lake Elsinore, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.
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. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Important note: The vehicle must be locked for a burglary charge to apply. This is still against the law, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Lake Elsinore, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.
As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, and you need them now.
Possible 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
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. 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. 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.
The prosecution must prove you knew — or had reason to know — the property was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at an unusually low price, without knowing their full history, or from unknown sellers, does not automatically mean you had knowledge of theft.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism 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 Lake Elsinore, 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.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
On its own, trespassing is usually charged as a misdemeanor or infraction. However, Lake Elsinore, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
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. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
Federal firearms theft charges may also apply. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more important to find an attorney who is able to protect you from even the toughest opponents.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. 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.
The prosecution in Lake Elsinore, 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. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.
Examples: Caregiver overcharging for services; 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
During emergencies, stealing property can be charged as looting. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
If the enhanced penalties weren't enough on their own, the Lake Elsinore, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. These acts are viewed as particularly heinous, and penalties can be severe. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Trying to steal something and failing is still a crime in Lake Elsinore, CA. Attempted theft, burglary, or robbery in California needs to include: (1) the specific intent to commit the crime, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
Regardless of what charge you're facing, when you call our firm, you can talk to an expert theft crimes lawyer in Lake Elsinore, CA, who has the training and experience needed to find a path forward. As a team, we will fight for the best outcomes possible in your case.
Facing Theft Allegations? These Are Your Next Steps
You need to take these accusations seriously. There could be a warrant out for your arrest, not everyone will believe your side of the story, and you need to defend your reputation as well as your innocence. Trying to handle it yourself, it can seem impossible.
But you have another option. The Law Offices of David S. Chesley is here to help. A Lake Elsinore, CA, theft crimes lawyer from our team will guide you on how to navigate your case. To get started, use the five steps below to protect your freedom and avoid common pitfalls:
1. Obey the Arresting Officer's Instructions
Mistakes here can hurt your case. If you're being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Refusing to comply can only make things worse.
2. Stay Calm and Don't Talk
You may be questioned by the police – invoke your right to remain silent. In fact, don't even talk on the ride to the station. 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 Lake Elsinore, CA, Theft Crimes Defense Attorney ASAP
In California, after you are processed for arrest, you get three phone calls. One of these should be to your theft crimes lawyer. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us 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 theft crimes defense attorneys will argue against the prosecution for your release. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Coordinate With Your Lawyer to Create a Defense Strategy
This is perhaps the most important step: building a defense against the charges. An accomplished theft crimes lawyer in Lake Elsinore, CA, will hear your side of the story, negotiate for deals with the state, and argue for a dismissal wherever 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 facts, evidence, and accusations. Below, you can read about some of the popular ways we will fight theft cases in Lake Elsinore, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. 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.
A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Additional intent-based defenses include: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key principle: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, 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.
Using This Defense:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
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 searches didn't follow the rules, the evidence can be suppressed and the prosecution may not be able to move forward with your case.
Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legitimate warrant. In Lake Elsinore, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
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 Lake Elsinore, CA, courts, and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- 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: 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 arise from personal disagreements, misidentification by witnesses, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — you need a Lake Elsinore, CA, theft crimes lawyer to protect your freedom.
Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — especially across racial lines, in scenarios of poor visibility, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: 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; exposing bias or motive on the part the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between witness statements made at different points in time.
If you are innocent: Stay away from witnesses, do not try to build your defense on your own, and do not talk to the police without your theft defense 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 — For some charges, the state must prove you knew the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — Consent is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. It's not illegal to use someone else's property if you had permission.
Constitutional Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Sentencing Alternatives — For many first-time offenders, California offers sentencing alternatives that can protect you from a conviction. If you are eligible, we will explore it as an option to protect your freedom.
Disputing the Value of Property — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully completed all terms of probation, such as paying 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 there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
Expungement under § 1203.4 carries meaningful practical benefits: Of note, 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, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Lake Elsinore, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is full sealing, to be able to legally own a gun again, or clearing a prior strike, you'll have to look into other ways to have your record sealed. 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: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Lake Elsinore, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Lake Elsinore, California?
The primary distinction is the value of the property allegedly taken. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Can a theft charge be expunged from my record 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 happens if I'm charged with shoplifting for the first time in Lake Elsinore, CA?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $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 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 had no reasonable basis to suspect it, you can build the foundation of your defense upon that fact. Our attorneys challenge the "knowledge" element aggressively in these cases. That said, 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 Lake Elsinore, CA?
Very serious. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have a criminal record, you could be up against increased sentences. Get in touch with us immediately if you're facing this charge.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. 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?
It depends, but it is not always the case. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Call us to review what options you have.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you actually took anything is irrelevant — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and arguments surrounding it — is critical to burglary defense.
Need a Theft Defense Attorney in Lake Elsinore, CA? Call Our Firm Now.
You need a theft crimes lawyer to protect you. It's not about innocence or guilt — it's about getting help navigating the Lake Elsinore, CA, legal system. Our firm is ready to defend you — no matter when you need us. Your first consultation is completely free and confidential.
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