Theft Lawyer Los Angeles, CA. When you are charged with a crime in Los Angeles, it's easy to feel overwhelmed. If you're facing theft allegations, the system can move against you extremely fast. It might look like all hope is lost.
Even when you're at your lowest point, there is an option who will fight for you: The Law Offices of David S. Chesley. Our attorneys have the tools and training to fight against any theft and related charges. With a Los Angeles, CA, theft crimes lawyer from our team protecting your rights, you don't have to worry about how you'll handle things alone anymore.
Talk to a lawyer right away at (800) 755-5174 or use our contact form for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.
How a Los Angeles, CA, Theft Lawyer Can Help You
You should never take theft allegations lightly, whether they are felonies or misdemeanors. On your own, you're stuck trying to figure out a intricate legal code and make it more likely that you'll face the following:
- Jail Sentence: Los Angeles, 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.
- Loss of Employmnet: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Damaged Character: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
A Los Angeles, 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:
Why You Should Hire Our Los Angeles, CA Theft Defense Lawyers
Not every criminal defense firm is created equal. Here's what set us apart — and the difference it will make for your case:
- 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.
- Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Los Angeles, CA prosecutors and judges, which we will use when securing plea deals.
- Trial-Ready From Day One — We prepare every case as if it's going to trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Expungement Services — Even after the fact, we're still here to help. You deserve to move forward with your life, and we can help you do it.
- Superb Reputation – well-respected amongst both clients and peers.
- Ready for Your Call Right Away — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
- Completely Private — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.
Theft Charges We Will Fight in Los Angeles, CA
Use the links 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
Theft Charges We Fight in Los Angeles, CA
Our attorneys know how to fight theft crime cases. Should you need a theft crimes lawyer in Los Angeles, CA, don't hesitate: contact us now for a no obligation review of your case.
Below are some of the main theft crime accusations we fight against in Los Angeles, CA:
Petty Theft Charges vs Grand Theft Charges
In Los Angeles, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property when you weren't allowed to. The distinguishing factor is the amount that was supposedly taken: For anything $950 or less, the classification will generally be petty theft, while any more will generally be grand theft.
Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Theft Charges | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Ordinarilly Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Today, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that 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 Los Angeles, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in Los Angeles, CA.
Shoplifting Potential Penalties:
- Jail Sentence: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies include: Lack of intent to steal, mistake of fact, 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. Not every prior offense in Los Angeles, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
To activate this sentencing enhancement, the state must establish: (1) the accused engaged in petty theft; and (2) the suspect has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Los Angeles, CA
There are several vehicle theft charges we defend in Los Angeles, CA. An example that many people ask about is grand theft auto, but that's actually not a law of its own. Grand theft auto comes from a section of California's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If they were only doing to drive it briefly and then bring it back, they're more likely to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in Los Angeles, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Even just owning or holding onto the vehicle can get you arrested for possession of a stolen vehicle.
At the Law Offices of David S. Chesley, you'll work with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Call now to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Grand theft auto is not a standalone California crime — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. 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.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Los Angeles, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. 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 is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
In Los Angeles, 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 | |
|---|---|---|
| Main Difference | Return the vehicle afterwards | Keep the vehicle forever |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. 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
In Los Angeles, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have a vehicle that you knew or should have known 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 prosecution must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
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 Defend in Los Angeles, CA
White collar crimes in Los Angeles, CA, can look very different from each other, but they all share one thing in common: misusing professional power for financial gain.
Several white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. Meanwhile, bribery 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 centered around the exchange of money, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Forgery, Money Laundering, Bribery & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — years in prison, financial penalties, major career setbacks, and permanent 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 — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a professional for personal benefit. These cases are some of the most complicated in Los Angeles, CA, and normally require highly experienced representation to defend.
White collar cases are often investigated for months or even years before charges are filed. Call us now if you have any reason to believe the police are looking into you. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Hypothetical examples: 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; an employee skimming from cash registers; a non-profit director misusing donated funds.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: 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 ordinarilly is made up of three steps: placement (bringing the illegally-obtained money into the economy), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).
California's money laundering law is set to combat financial actions over $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.
Potential 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 people in certain positions of power. California law criminalizes bribery in many contexts — government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, a Los Angeles, CA, theft crimes lawyer is critical to advise you on how to address these charges.
What if they didn't accept the bribe? Both the person offering the bribe and the person accepting it could face charges in Los Angeles, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Los Angeles, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. State law is broad and covers checks, receipts, contracts, deeds, power of attorney documents, court orders, prescriptions, lottery tickets, and many other types of written instruments.
What if I didn't use the forged document? You can be charged with forgery even if no one was actually defrauded. Just the plan to commit fraud, in addition to the act of creating or using the false document, is sufficient for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Los Angeles, CA if you use someone else's personal information without permission to perform a restricted activity, including obtaining credit, goods, services, or medical information.
Crucially: No financial loss to the victim has to occur for a conviction. Simply taking and using someone else's information without authorization is enough to warrant a crime under state law. Because of this, you need to work with an expert theft crimes lawyer whatever the details of your case.
Identity theft accusations are aggressively prosecuted in Los Angeles, CA, and increasingly involve federal charges for more serious, widespread, or online cases.
Possible 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 Los Angeles, CA
Fraud encompasses a variety of specific theft types in Los Angeles, CA. Generally speaking, someone who commits theft by acting dishonestly so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is is one of the more common version of fraud.
Insurance fraud is one of the most common types of fraud. It involves lying 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 can be charged with insurance fraud.
This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be 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 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.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Types of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Los Angeles, 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 tricks another person through disonest means, causing them to voluntarily transfer money or property. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Lying about being a contest winner; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.
Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.
Insurance Fraud — California Penal Code § 550
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. Insurance fraud charges are always a big deal, and are often felonies in Los Angeles, CA. A leading theft crimes lawyer will protect your rights and analyze all the evidence to help you find the best outcome possible
Frequent forms include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.
Potential Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or twice what was defrauded
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
In Los Angeles, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. You could be accused of using someone else's card without authorization, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or illegally obtaining or selling card account information.
Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when accounts are used across state lines or online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.
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
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Failing to report income; misrepresenting household composition; Trading or selling food stamps; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A premier Los Angeles, CA, theft crimes lawyer can dissect the prosecution's case and find you alternative paths forward.
Potential Penalties:
- Under $950 (usually): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Loss of future benefit eligibility
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Los Angeles, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To legally receiveMedicare hospice benefits, the recipient must be predicted to pass away within half a year if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. And as if it weren't bad enough going up against the Los Angeles, CA, government, you're likely to face federal charges and accusations from federal investigators.
Critical 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 encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Los Angeles, CA theft lawyer who has your back.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Both the person paying and the person receiving a kickback can face prosecution.
Possible Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. 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 false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Health care fraud cases in Los Angeles, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Healthcare providers, billing companies, office managers, and support staff have all found themselves accused of health care fraud in the past.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare benefits, the care recipient must be homebound and require skilled care. Because of the particulars of the definition, these cases can vary wildly from one another.
One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Los Angeles, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Important: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. 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.
Possible Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Fight in Los Angeles, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Los Angeles, CA. This can occur if you're charged with robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, where the alleged victim is not present during the act. 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 relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. You're almost guaranteed to be facing felony charges. Your Los Angeles, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Robbery is always a felony and always a strike offense.
California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.
Potential Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to 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.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Los Angeles, CA
Burglary charges in Los Angeles, 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. Ordinarily, this is a structure, like a storefront (which would make it commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Due to this, these cases can often hinge on if you were allowed to be in the location or not.
Burglary Related Charges
Shoplifting 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. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Los Angeles, CA (except in extreme 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 in the process of a theft. It's common to face burglary and vandalism charges together in Los Angeles, CA, making it all the more important to get an expert theft crimes lawyer to protect your rights.
Lastly, even if you don't commit a theft, you can face related charges in Los Angeles, CA. How can this be? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
People commonly think of burglary as entering someone's house to commit theft, but that's not how Los Angeles, 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
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — while planning to commit a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is what matters.
This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Los Angeles, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not available for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
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. This charge is considered a wobbler and could be either a misdemeanor or a felony.
Your theft crimes lawyer in Los Angeles, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
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. This could be either a misdemeanor or a felony, depending on how the Los Angeles, CA prosecutor interprets the circumstances.
Common misconception: 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 the burglary enhancement requires that the vehicle was secured in some way.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Los Angeles, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
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 up against home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.
Potential Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. California law makes it illegal to hide, purchase, sell, or otherwise possess stolen property, regardless of whether or not you're the one who stole it.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at an unusually low price, without receipts, or from unknown sellers, does not make you guilty.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Los Angeles, 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.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
Standing alone, 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
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
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
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. This means the theft of even a nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.
As if fighting the charges in your local Los Angeles, CA court weren't bad enough, you could also find yourself up against federal charges. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more essential to find an attorney that has wide resources and strong legal skills.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.
The prosecution in Los Angeles, CA, does not take these charges lightly and usually pursues harsh penalties. 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.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member exerting undue influence over an elder's finances; fake contractor promises work but never completes it; 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. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
In Los Angeles, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. Looting is considered a way of taking advantage of Los Angeles while it's at its most vulnerable, and judges are never pleased by this. 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
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. Attempted theft, burglary, or robbery in California needs to include: (1) a mental state of deliberate criminal activity, and (2) a direct, unequivocal act toward committing it — regardless of whether it was successful or not.
The general rule is that attempted crimes are punished at half the sentence of the completed 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.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
For any of the charges above, or more, when you call us, you can connect with an expert theft crimes lawyer in Los Angeles, CA, who will help you break down and navigate the charges. Together, we will fight for the best outcomes possible in your case.
Steps to Take When Accused of Theft
Theft allegations are just the tip of the iceberg. You're up against the Los Angeles, CA, prosecutor's office, you could be facing major legal consequences, and the collateral consequences could be devastating. Without help, the odds can seem insurmountable.
But you're not alone. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a Los Angeles, CA, theft crimes lawyer who will listen to your story and advocate for your rights. If you're up against theft crime accusations, here are our recommendations:
1. Comply With the Police
Nobody wants to be arrested. However, don't resist. If you act civilly, it will make things go faster and easier. Fighting back can only lead to additional charges.
2. Remain Calm and Stay Silent
It's common for police to interview you after an arrest – stay silent. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and you say something untruthful, you can be accused of perjury.
3. Reach Out to a Los Angeles, CA, Theft Crimes Defense Attorney ASAP
In California, people who have been arrested are given three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Coordinate With Your Lawyer to Build Your Defense
This is perhaps the most important step: building a defense against the charges. A skilled theft crimes lawyer in Los Angeles, CA, will take the time to listen to you, negotiate with the prosecution, and fight for a dismissal wherever possible.
Theft Lawyer Defensive Strategies
Your case is unique — and your defense strategy needs to be adapted to the specific facts, evidence, and accusations. If you're up against theft allegations in Los Angeles, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.
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. In Los Angeles, 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.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Additional intent-based defenses consist of: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key point: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. It is often the strongest available defense, especially 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 state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In many criminal cases, the Los Angeles, CA, police department will gather evidence through searches. If the authorities 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: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legally obtained warrant. In Los Angeles, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
If this applies to your case, it can be a major win for your defense. Even partial suppression — if the court allows some evidence but not all of it — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Los Angeles, CA, courts, and are an essential tool for the defense when facing theft charges.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
The Los Angeles, 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, misunderstandings about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — without a strong defensive strategy, you're gambling with your freedom.
One of the ways that innocent people are commonly accused in Los Angeles, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — 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. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Los Angeles, CA, court.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the accuser; presenting expert testimony on the issues with eyewitness testimony; and demonstrating inconsistencies between different statements and testimony between witnesses.
If you are innocent: Do not confront witnesses, do not attempt to gather evidence independently, and do not tell your side of the story to the police without your theft defense lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — In some cases, the prosecution must prove you knew the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — Consent is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. 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 — Especially for offenders with no prior offenses, California offers diversion programs that can keep you out of prison by participating. We identify every diversion opportunity available in your specific case.
Disputing the Value of Property — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. We'll show the true value of the property and argue for lesser charges.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
A theft conviction does not have to define you for life. 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. To be eligible, the defendant generally must have: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in many cases, must not have served time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.
When you work with a theft lawyer to clear your record, you can look forward to the following perks: 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 does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.
Critical Note: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is the total removal of the record, to be able to legally own a gun again, or clearing a prior strike, you will need a different method of expungement. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Los Angeles, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Los Angeles, 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.
Can a theft charge be expunged from my record in California?
Often, yes. For probation sentences, expungement is often offered conditionally upon your completion. If you want to leave the past behind and move on with your life, this can be a major step forward. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.
What happens if I'm charged with shoplifting for the first time in Los Angeles, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. Our theft crimes attorneys can make a major difference and help you with avoiding a conviction and 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 didn't have a reason to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. However, circumstances like strangely good deal or lack of receipts can erode your case, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Los Angeles, 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 may also face enhanced sentencing. Get in touch with one of our theft crimes lawyers as soon as possible at (800) 755-5174.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. As your theft crimes lawyer, we will argue for misdemeanor charges if you are facing a wobbler, to protect your record and freedom.
Will I go to jail for a theft charge?
It depends, but it is not always the case. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. Even felony charges often have options short of state prison. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call us to review what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether you stole something or not is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and arguments surrounding it — is central to burglary defense.
Up Against Theft Charges in Los Angeles, CA? Call Our Firm to Defend Your Freedom.
Every theft allegation is a big deal. Our attorneys are prepared to defend you — whenver you need help. Your first consultation is completely free and confidential.
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