Theft Lawyer Lake Elsinore, CA. When you are charged with a crime in Lake Elsinore, it's easy to feel overwhelmed. If you're facing theft allegations, the system can move against you extremely fast. Without help, it's easy to find yourself in a spot where you feel hopeless.
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 legal team has extensive experience defending clients against all manner of theft crime charges. With a Lake Elsinore, CA, theft crimes lawyer from our team protecting your rights, every legal avenue will be explored to protect your rights.
Connect with an attorney right away at (800) 755-5174 or use our contact form for a free, confidential consultation. Delays can cost you your freedom, and we're ready to fight for you today.
How a Lake Elsinore, CA, Theft Lawyer Can Help You
You should never take theft allegations lightly, no matter what the specifics are. Without a lawyer, you're stuck trying to navigate a complex legal code and increase your risk of the following penalties:
- Prison Sentence: Lake Elsinore, CA, theft convictions can send you to prison, for years in some cases.
- Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Lake Elsinore, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:
Top Qualities of Our Lake Elsinore, CA Theft Defense Attorneys
Working with our expert Lake Elsinore, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and why it matters for your theft case:
- Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
- 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. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Expungement Services — Our representation doesn't end at the verdict. Don't let an arrest or criminal record hold you back — speak with one of our Lake Elsinore, CA, criminal defense attorneys to discuss expungement options.
- Superb Reputation – We deliver results, and are known for doing so.
- Always Availalbe — We know that arrests don't happen on a schedule. If you need help or an update, you can get a hold of us, whenever it is.
- Completely Private — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.
Theft Charges We Defend in Lake Elsinore, CA
Click any charge below to jump directly to a full explanation 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. Should you need a theft crimes lawyer in Lake Elsinore, CA, act fast: contact us right away for a no obligation review of your case.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
In Lake Elsinore, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property without permission. The main difference is the amount that was supposedly taken: For values $950 and under, the charges will generally be petty theft, while any more will generally be grand theft.
Fighting petty theft allegations often lead to more positive outcomes, in part because they are often misdemeanors. On the other hand, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. In either case, the right theft crimes lawyer will improve your chances of reaching a positive outcome.
Here's a breakdown of what distinguishes petty and grand theft:
| Theft Charges | 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
Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, most shoplifting charges are misdemeanors. However, felony charges can still be applied in certain situations, like an organized shoplifting ring. Whether you're up against a felony or misdemeanor charge, a local Lake Elsinore, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.
Shoplifting Potential 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
Defense options are: No intention to steal, innocence, 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. Not every prior offense in Lake Elsinore, 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.
If you're facing petty theft with a prior allegations, the prosecution must establish: (1) the accused engaged in 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. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.
Possible Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Lake Elsinore, CA
We will fight against all sorts of vehicle theft crimes in Lake Elsinore, CA. One of the ones people commonly think of is grand theft auto, but that's technically not its own 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. If the alleged offender wasn't going to keep it, they're probably going to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, in Lake Elsinore, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Just like receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or having the car or truck can get you arrested for possession of a stolen vehicle.
When you contact our law firm, you'll partner with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Contact us now to start making your case.
Grand Theft Auto — California Penal Code § 487(d)(1)
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. 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 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 Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. It covers situations where the alleged offender both did and didn't intend to return the vehicle. 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 refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Lake Elsinore, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
It's typical for joyriding to be treated as a misdemeanor in Lake Elsinore, CA. That said, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Return the vehicle afterwards | Keep the vehicle forever |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Lake Elsinore, CA prosecutor is likely going to pick carjacking over another offense. Due to the violent nature of the crime, carjacking is always a felony and is not eligible for probation in many circumstances.
The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have or are storing a automobile that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The state 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 they all share one thing in common: taking advantage of one's position within an organization to benefit oneself, illegally.
Many white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.
Not all white-collar crimes involve financial exchanges, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, 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 — prison sentences, financial penalties, professional license revocation, and long-lasting stains on your reputation. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.
White Collar Crimes — Synopsis
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a professional for personal gain. Lake Elsinore, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
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 you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. The sooner you bring in your legal defense, the better chance you have of a positive outcome.
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 key element is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; 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.
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: Full restitution, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It typically is made up of three stages: placement (introducing dirty money into the financial system), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute specifically targets transactions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- 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 a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, 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? Whether you offered or accepted a bribe, you can be charged in Lake Elsinore, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Lake Elsinore, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers checks, receipts, 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, combined with the act of creating or using the forged document, is enough to be convicted.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Lake Elsinore, CA if you use someone else's personal information without permission 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 another individual's information without permission is enough to violate state law. This makes it critical to work with an expert theft crimes lawyer regardless of the details of your situation.
Identity theft accusations are aggressively prosecuted in Lake Elsinore, CA, and frequently 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 Defend in Lake Elsinore, CA
Fraud encompasses a variety of specific theft types in Lake Elsinore, CA. Generally 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 the most ordinary version of fraud.
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 can be charged with insurance fraud.
A similar fraud charge is 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 variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Lake Elsinore, CA — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. 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 — the foundational fraud offense — occurs when a person intentionally deceives another through false statements or misrepresentations, causing them to voluntarily transfer money or property. 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; pretending to be a tech support assistant; pitching investments based on false information; collecting donations for a nonexistent charity.
The charge level (misdemeanor vs. felony) depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. Insurance fraud charges are always a big deal, and are often felonies in Lake Elsinore, CA. An expert theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible
Common examples include: Staging or exaggerating auto accidents; filing false theft reports; exaggerating property damage; arson for insurance proceeds; fabricating injuries; health insurance billing fraud.
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: Career and job restrictions/penalties
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 card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally obtaining or selling card account information.
What to know about federal charges: It's common in California credit card fraud cases for there to also be federal charges, especially when accounts are used across state lines or some part of the alleged crime occurred online. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.
Possible 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: Failing to report income; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; 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 local Lake Elsinore, CA, theft crimes lawyer can dissect the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (typically): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Loss of future benefit eligibility
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 be eligible forMedicare hospice benefits, the recipient must have a terminal prognosis of six months or less to live if nothing drastic changes in their health condition — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. And as if it weren't bad enough going up against the Lake Elsinore, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. 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. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud 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. 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 Lake Elsinore, CA theft lawyer who has your back.
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. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Lake Elsinore, CA theft lawyer immediately.
Critical Note: 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.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Ineligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. These are some of the most complicated cases to defend in Lake Elsinore, CA, as they often involve extensive medical records and expert testimony/analysis. Doctors, billing organizations, office managers, and support staff have all found themselves accused of health care fraud in the past.
Possible 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 medical social services. In order to be eligible for Medicare benefits, the care recipient must be homebound and require special 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. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
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 — 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
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Lake Elsinore, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. 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 is a unique form of 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 it can consist of any form of harm to the victim, including emotional or reputational. For example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
Robbery, Extortion & Force-Related Theft
Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. 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
Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. 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
Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to damage someone's storefront unless they pay "protection money;" threatening to deny someone a rightful certification unless special favors are given.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Lake Elsinore, CA
Burglary charges in Lake Elsinore, CA, are distinct from theft, but often go hand-in-hand. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. Ordinarily, this is a structure, like a convenience store (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, 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, 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. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. 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. Today, shoplifting is no longer a subset of burglary offenses in Lake Elsinore, CA, and faces more lenient penalties if convicted.
Vandalism also shares many qualities with burglary. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to in the process of a theft. It's common to face burglary and vandalism charges together in Lake Elsinore, CA, doubling the importance of working with a top quality theft crimes lawyer to protect your rights.
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. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.
Burglary, Home Invasion & Related Charges
Lake Elsinore, CA burglary charges can be wildly different from one another, and may not even involve theft — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence while planning to commit a theft or any felony inside. You do not have to actually steal anything. The intent at the moment of entry is what matters.
Residential burglary is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Lake Elsinore, 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 an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. You could face either misdemeanor or felony charges for this offense.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
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. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Common misconception: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. An unlocked vehicle can still lead to theft charges, 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. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.
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 up against home invasion charges, you need the most experienced criminal defense team available, and you need them right away.
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
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. 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. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without knowing their full history, or from unknown sellers, does not make you guilty.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Lake Elsinore, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).
While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. 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, 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: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
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)
Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. This means the theft of even a 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.
To make things worse, you may also have to fight in federal court. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more important to work with an attorney with the skills to fight for you at all levels.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
If the alleged victim was 65 or older, you might be up against elevated penalties. Financial elder abuse (also known as theft from an elder) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
The prosecution in Lake Elsinore, CA, does not take these charges lightly and usually pursues harsh penalties. 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: Caregiver overcharging for services; family member doesn't provide an agreed upon level of care; contractor overcharging vulnerable seniors; fraudulent investment schemes targeting retirees.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
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. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. For it to be considered an attempt, the prosecution needs to prove two things: (1) the specific intent to commit the crime, and (2) a direct, unequivocal act toward committing it — regardless of whether it was successful or not.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
No matter what you've been accused of, when you reach out to the Law Offices of David S. Chesley, you can connect with an expert theft crimes lawyer in Lake Elsinore, CA, who has the training and experience needed to find a path forward. Together, we will craft a staunch defense against the allegations.
Facing Theft Allegations? These Are Your Next Steps
You need to take these accusations seriously. There could be a warrant out for your arrest, the alleged victim is accusing you, and the collateral consequences could be devastating. Trying to handle it yourself, it can seem impossible.
But you have another option. You have the Law Offices of David S. Chesley on your side. A Lake Elsinore, CA, theft crimes lawyer from our team will guide you on how to navigate your case. Here are the steps we recommend taking:
1. Obey the Arresting Officer's Instructions
While it's reasonable to feel angry about being arrested, don't resist. If you act civilly, it will make things go faster and easier. Refusing to comply can only get you into more trouble.
2. Stay Calm and Don't Talk
It's common for police to interview you after an arrest – don't talk. 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 accused of perjury.
3. Call a Lake Elsinore, CA, Theft Crimes Defense Attorney ASAP
In California, after you are processed for arrest, you get three phone calls. 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. We are available at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. Your rights and freedom matter, no matter what you've been accused of.
5. Cooperate With Your Attorney to Make a Personalized Defense
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in Lake Elsinore, CA, will listen to your story, negotiate for deals with the prosecution, and fight for charges to be dismissed wherever possible.
How Our Theft Lawyers Fight Against These Charges
As expert theft crime attorneys, we know that each case's defense strategy needs to be adapted to the specific facts, circumstances, and allegations. Here are the major defense approaches our attorneys use to fight theft charges in Lake Elsinore, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. 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.
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 you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Additional intent-based defenses include: mistake of fact (the accused 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 point: This is a major hurdle for the prosecution in any theft case. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Defense Application:
- 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
The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities broke the law, the evidence can be suppressed and the district attorney may not be able to move forward with your case.
Here are some of the reasons that evidence is thrown out in theft cases: warrantless searches of vehicles, homes, or persons without valid legal justification; searches 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 appropriate legal authority; and searches that go beyond the limits of a valid warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — if the court allows some evidence but not all of it — can make a big difference. 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: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: 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
The Lake Elsinore, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can result from personal arguments, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.
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 — most notably across racial lines, if they didn't have a clear sightline, or when things moved too fast. Even if the witness is sure, they could be mistaken. 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 alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between witness statements made at different points in time.
If you are innocent: Do not confront witnesses, do not try to build your defense on your own, and do not tell your side of the story to the police without your theft defense lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — In some cases, the prosecution must prove you knew the property was obtained through theft. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
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. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.
Rights Violations — We won't presume that all the evidence collected for your case is legitimate — we'll review everything and look for opportunities to have the evidence against you removed.
Diversion Programs — In many cases with offenders without a record, California offers sentencing alternatives that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.
Arguing 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. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — in a newly added requirement — in many cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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: In particular, an expunged conviction generally does not need to be disclosed on private employment applications under state law. However, there are still some restrictions in the expungement process — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
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, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Frequently Asked Questions About Theft Charges in Lake Elsinore, CA
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. Petty theft misdemeanors are typical for anything $950 and below. Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Can a theft charge be expunged from my record in California?
In many cases, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Our firm offers full expungement services.
What happens if I'm charged with shoplifting for the first time in Lake Elsinore, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. 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?
Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you genuinely weren't aware and had no reasonable basis to suspect it, that can form the basis of your defense. This is a strategy we frequently lean on in receiving stolen property cases. However, 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?
Extremely. In Lake Elsinore, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you are at risk of harsher penalties. Call one of our attorneys 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. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
Not necessarily. Lake Elsinore, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Call us to understand what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you actually took anything doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. As a result, intent evidence — and challenging how it's proven — is central to burglary defense.
Fighting Theft Allegations in Lake Elsinore, CA? Call Right Away.
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 lawyers are equipped to defend you — whenver you need help. Contact us now for a free, confidential case review.
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