Theft Lawyer Lancaster, CA. When you are charged with a crime in Lancaster, it's easy to feel overwhelmed. Theft charges in particular can be complex because of the wide variety of them. It can seem like there's no way out.
Even when everything else seems to be going wrong, you have a path forward: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a Lancaster, CA, theft crimes lawyer from our team protecting your rights, you're going to get honest advice on how to get the best outcome possible.
Connect with a theft crimes attorney now at (800) 755-5174 or send us a message about your case for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.
Why You Need a Leading Lancaster, CA, Theft Defense Lawyer
Theft charges need to be treated seriously, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to figure out a complex legal code and make it more likely that you'll face the following:
- Prison Sentence: Most theft charges in Lancaster, CA, carry a potential jail sentence of six months or more.
- Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
- Career Setbacks: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
A Lancaster, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley . Here's some of what sets us apart:
What Sets the Law Offices of David S. Chesley Apart
Picking the right Lancaster, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and the difference it will make for your case:
- A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
- Deep Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
- Trial-Ready From Day One — Misdemeanor or felony, we build your defense to be trial-ready. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Record Expungement Services — We don't leave you behind after the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Superb Reputation – We are renowned professionally and by clients.
- Available 24/7 — We know that arrests don't happen on a schedule. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
- Completely Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Theft Charges We Defend in Lancaster, CA
Click any charge below to navigate directly to a full breakdown of the law, penalties, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Major Lancaster, CA, Theft Crimes We Defend Against
With over 50 years of combined legal experience, we have what it takes to protect your rights. If you're looking for a theft crimes lawyer in Lancaster, CA, act fast: contact us right away for a free consult to go over your charges.
Below are some of the main theft crime accusations we fight against in Lancaster, CA:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in Lancaster, CA, odds are high you're facing one of these two: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items when you weren't allowed to. The main difference is the amount that was supposedly taken: For anything $950 or less, the classification will ordinarily be petty theft, while higher values will typically 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. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Here's a breakdown of what distinguishes petty and grand theft:
| Theft Charges | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Often Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. 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. Since 2014, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Regardless of what level of charge you're facing, a local Lancaster, CA theft crimes lawyer can help protect you from the worst consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.
Shoplifting Possible Penalties:
- Misdemeanor Jail: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies consist of: Lack of intent to steal, wrong identity, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. This is one of the most common mechanisms used in Lancaster, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To charge PC § 666, the prosecution must establish: (1) the defendant performed petty theft; and (2) the accused has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Lancaster, CA
Whatever Lancaster, CA, vehicle theft charge you're facing, we can help you fight it. The first one that probably comes to mind is grand theft auto, but that's technically not a unique charge. Grand theft auto comes from a section of the state's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if the alleged offender wasn't going to keep it, they're more likely to 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 Lancaster, CA, since the prosecution is more likely to assign that as a misdemeanor.
If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Just like receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or having the vehicle can result in these charges.
When you work with us, you'll work with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Contact us today to start making your case.
Grand Theft Auto — California Penal Code § 487(d)(1)
If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.
Grand theft auto charges often hinge on your intentions during the alleged theft — if you were going to bring it back, then it wasn't technically a theft, it was joyriding.
Possible Penalties:
- Charge Type: Wobbler (usually felony in Lancaster, 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.
Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.
Joyriding — California Vehicle Code § 10851
Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Lancaster, CA, vehicle theft crimes lawyer to build you a solid defense.
In Lancaster, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Return the vehicle afterwards | Keep the vehicle forever |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because of the violent element, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
In Lancaster, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you are in possession of a automobile when you knew or should have know it was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove you had knowledge the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Lancaster, CA
White collar crimes in Lancaster, CA, can look very different from each other, but all of them have one thing in common: abuse of an organization for personal gain.
Most white collar crimes are defined by how money is transferred. 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 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 are transactional in nature, though (at least at face value). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Identity Theft, Fraud & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — incarceration, massive fines, 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 — Overview
Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a position for personal benefit. It's common for white collar crime cases in Lancaster, CA, to require specialized experts on both the prosecution and defensive sides.
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 when someone legally can use property for certain purposes, but uses it for different ones. The key element is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Hypothetical examples: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Repay alleged victims, employment restrictions
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 ordinarilly consists of three steps: placement (adding the dirty money into the legitimate financial system), layering (disguising the trail through complex transactions), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).
California's money laundering statute aims at transactions of more than $5,000 when the alleged offender was aware that the money was dirty. You could also face federal money laundering charges under 18 U.S.C. § 1956, which tends to have much harsher penalties.
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 criminalizes bribery in many contexts — government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Lancaster, CA, theft crimes lawyer is essential to protect you from the prosecution.
Who can face bribery charges? Both the person offering the bribe and the person accepting it could face charges in Lancaster, 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 ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Lancaster, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. California's forgery statute is broad and covers checks, receipts, contracts, deeds, power of attorney documents, court orders, notary public symbols, identification documents, and many other types of written instruments.
Who can face forgery charges? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, in addition to the creation or use of the fake item, is enough for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Lancaster, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, including obtaining credit, goods, services, or medical information.
Important factor: You can be found guilty even if the alleged victim didn't lose any money. Just taking and using someone else's information without permission is enough to warrant a crime under California statute § 530.5. Because of this, you need to work with an expert theft crimes lawyer regardless of the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Lancaster, CA, and often involve federal charges for more serious, widespread, or online cases.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Lancaster, CA
Fraud is a frequent white collar crime charge in Lancaster, CA, and can be divided into smaller categories of its own. Generally speaking, a person who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is is one of the more common version of fraud.
Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. As an example, after a car accident, a person who lies about how much damage was caused to get a bigger payout commits insurance fraud.
A related fraud crime is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another popular form is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.
An expert theft crimes lawyer in Lancaster, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.
Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Lancaster, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Many "fraud" charges in Lancaster fall under California's 'theft by false pretenses' law. This is when a person tricks another person through disonest means, leading to the second person willingly giving away goods or services. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.
Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; collecting donations for a nonexistent charity.
If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level depends on the 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. If you're facing insurance fraud charges in Lancaster, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will fight the allegations and analyze all the evidence to help you find the best outcome possible
Typical forms include: Claiming existing auto damage is newly occuring; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; fabricating injuries; health insurance billing fraud.
Potential Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
You can face credit card fraud charges in Lancaster, CA, for a variety of actions done with a credit or debit card. You could be accused of using someone else's card without authorization, using a fake card or one acquired by theft, using an account number without physical possession of the card, or fraudulently acquiring or selling card account information.
What to know about 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; Trading or selling food stamps; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your 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 leading Lancaster, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.
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 Lancaster, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To legally receiveMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if the illness runs its normal course — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. And as if it weren't bad enough going up against the Lancaster, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. Providers are often unaware that an investigation is underway until a search warrant is executed.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud 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 Lancaster, 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 Lancaster, 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: 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. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
You can face federal charges in some cases, but it's more common for these to be state charges. California law 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 Lancaster, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Doctors, billing companies, office workers, and clerical 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, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare benefits, a patient must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.
One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Home health fraud charges in Lancaster, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. 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 Lancaster, CA
There is often a crossover between theft and violent crime charges in Lancaster, CA. One common example is robbery. A person commits robbery when they take something directly from another person by force. Versus burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.
Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The alleged offender doesn't necessarily need to threaten physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. For example, if 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
When theft involves force, fear, or coercion, the penalties increase dramatically. You're almost guaranteed to be facing felony charges. Your Lancaster, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. 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
A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to release private photos unless money is provided; threatening to harm someone's reputation unless granted a professional favor.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Lancaster, CA
Burglary charges in Lancaster, CA, are distinct from theft, but often go hand-in-hand. California defines burglary as entering a location without permission in order to steal something or commit another crime. This is commonly a structure, like a storefront (in which case it would be commercial burglary), but not always. For example, if you allegedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Because of this, what you were allegedly planning to do in a location can be just as important as how you got access to it.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, 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. 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 common to face burglary and vandalism charges together in Lancaster, CA, heightening your need for an expert theft crimes lawyer to defend you.
Finally, there is a theft charge you can be accused of in Lancaster, CA, even if you didn't steal something. How does this happen? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
People commonly think of burglary as entering someone's house to commit theft, but that's not how Lancaster, 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
In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place while planning to commit a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is the key to burglary charges.
Residential burglary is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Lancaster, 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: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. You could face either misdemeanor or felony charges for this offense.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
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
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. 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: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. 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
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. Lancaster, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are facing home invasion charges, you need a law firm with a track record of success, 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. Your Lancaster, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. Buying, selling, or disguising something that was stolen can lead to these charges.
The prosecution must prove you knew — or had reason to know — the property was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without knowing their full history, or from unknown sellers, does not prove that you were aware the items were stolen.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.
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
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
On its own, trespassing is ordinarilly charged as a misdemeanor or infraction. However, Lancaster, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.
Do not make this mistake: 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
Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. Because of this stealing even a low-value firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.
As if fighting the charges in your local Lancaster, CA court weren't bad enough, you could also find yourself up against federal charges. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more essential to find 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
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). 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.
This offense is aggressively prosecuted in Lancaster, CA, and enhanced sentencing applies. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement only makes things more complex.
Examples: Caregiver overcharging for services; family member using power of attorney to take money; fake contractor promises work but never completes it; phising emails that impersonate loved ones.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
During emergencies, stealing property can be charged as looting. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
If the enhanced penalties weren't enough on their own, the Lancaster, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. Looting is considered a way of taking advantage of Lancaster while it's at its most vulnerable, and judges are never pleased by this. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
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 — 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 while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
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 us, you can talk to an expert theft crimes lawyer in Lancaster, CA, who has the training and experience needed to find a path forward. As a team, we will craft a staunch defense against the allegations.
5 Steps to Take When Accused of Theft
You need to take these accusations seriously. The Lancaster, CA, government is after you, not everyone will believe your side of the story, and a conviction could derail your life. When you're alone, it can seem impossible.
But you have an ally. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a Lancaster, CA, theft crimes lawyer who will listen to your story and advocate for your rights. Here are the steps we recommend taking:
1. Comply With the Police
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. Keep Calm and Don't Talk
It's common for police to interview you after an arrest – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Your answers can later be used as evidence in the case, and if anything you say is untruthful, you can be charged with perjury.
3. Contact a Lancaster, CA, Theft Crimes Defense Attorney Right Away
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. We are available at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
Before you can leave the jail, you'll probably have to go through a bail hearing. Our firm's theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Cooperate With Your Attorney to Make a Personalized Defense
This is perhaps the most important step: building a defense against the charges. A skillful theft crimes lawyer in Lancaster, CA, will take the time to listen to you, negotiate for deals with the state, and fight for charges to be dismissed whenever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy needs to be tailored to the specific details, proof, and accusations. Below, you can read about some of the popular ways we will fight theft cases in Lancaster, 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. In Lancaster, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. More related defenses consist of: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).
Key point: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. This isn't merely a backup plan. This is a key part of nearly all theft defenses, particularly in cases involving property disputes, family conflicts, and many civil debt situations.
Defense Application:
- Grand Theft: Negates specific intent to permanently deprive
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The 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 searches didn't follow the rules, the evidence can be thrown out and the state may be unable to proceed.
Common suppression issues in theft and property crime cases include: 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 getting proper approval; and searches that go beyond the scope of a legitimate warrant. In Lancaster, 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.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — if the court allows some evidence but not all of it — can substantially change the outcome. Suppression motions are fully litigated in Lancaster, 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, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can stem from personal arguments, cases of mistaken identity, misunderstandings about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — without a strong defensive strategy, you're gambling with your freedom.
False accusations in Lancaster, CA, often aren't the result of malice, but of a witness making an error. 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, under poor lighting conditions, or when the perpetrator was briefly seen. 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: showing that the defendant was elsewhere at the time of the crime; showing issues with how eyewitness identifications were obtained; exposing bias or motive on the part alleged victim; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between witness statements made at different points in time.
If you are innocent: Stay away from witnesses, do not attempt to gather evidence independently, and do not talk to the police without your theft attorney present. You might make a mistake, or the police might misinterpret something you say. 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 were aware that the property was stolen. 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 — Theft requires that property be taken without the owner's consent. It's not illegal to use someone else's property if you had permission.
Rights Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Sentencing Alternatives — Particularly for first-time offenders, California offers sentencing alternatives that can result in charges being dismissed after completing community service, restitution, or counseling. If you are eligible, we will explore it as an option to protect your freedom.
Contesting the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, 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. The following criteria typically apply: successfully completed all terms of probation, including fines and restitution; not have any pending criminal charges against you; and — in a newly added requirement — in many cases, must not have spent time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
Here are some of the advantages of getting your theft conviction expunged: In particular, you won't have to note any convictions on private job applications. That said, the criminal record isn't entirely thrown away by expungement — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is the total removal of the record, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (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
Lancaster, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Lancaster, California?
How much was allegedly stolen determines the specific theft charge. 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). Grand theft charges will require elite legal representation in particular, though you will always need a theft crimes lawyer to defend you, regardless of the specifics.
Does California allow me to expunge my record from a theft crime?
In many cases, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. If you want to leave the past behind and move on with your life, this can be a major step forward. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What should I expect from first-time shoplifting charges in Lancaster, CA?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. An attorney 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?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you sincerely weren't aware and didn't have a reason to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like strangely good deal or no documentation of ownership can erode your case, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Lancaster, CA?
Extremely. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have a criminal record, you are at risk of harsher penalties. Get in touch with one of our attorneys right away at (800) 755-5174.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. 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. Lancaster, 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. Contact us to understand what options you have.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether or not you committed theft is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. As a result, intent evidence — and arguments surrounding it — is central to burglary defense.
Facing a Theft Charge in Lancaster, CA? Contact Us Right Away.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our firm is prepared to defend you — no matter when you need us. Call now for a no-obligation consult on your case.
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