Theft Lawyer Newport Beach, CA. When you are charged with a crime in Newport Beach, it's easy to feel overwhelmed. It's easy to feel lost when you're up against theft charges. Without help, it's easy to find yourself in a spot where you feel hopeless.
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 team of legal experts has extensive experience defending clients against all manner of theft crime charges. With a Newport Beach, CA, theft crimes lawyer from our team at your side, you're going to get honest advice on how to get the best outcome possible.
Discuss your case with an attorney today at (800) 755-5174 or send us a note online for a private review of your case at no cost. Waiting too long to reach out can cost you everything.
Why You Need a Leading Newport Beach, CA, Theft Defense Lawyer
You should never take theft allegations lightly, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to decipher a complex legal system and make it more likely that you'll face the following:
- Jail Sentence: Newport Beach, 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.
- Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Newport Beach, CA theft crimes lawyer on your case. You need the Law Offices of David S. Chesley. Look at what makes us the right attorneys for the job:
Top Qualities of Our Newport Beach, CA Theft Defense Attorneys
Not every criminal defense firm is created equal. Here's what you get when you call us — and how it will impact your case:
- A Team Of Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We use that inside knowledge to dismantle the prosecution's strategy.
- Extensive Court Relationships — Decades of practice in Newport Beach, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Defenses Built for Trial — No matter what the charge is, we prepare as if for a 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. Don't let an arrest or criminal record hold you back — speak with one of our Newport Beach, CA, criminal defense attorneys to discuss expungement options.
- Excellent Reputation – We deliver results, and are known for doing so.
- Ready for Your Call Right Away — Arrests happen at all hours. So do we. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Fully Confidential — 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 Newport Beach, CA
Click any charge below to jump 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 Newport Beach, CA, Theft Crimes We Defend Against
With over 50 years of combined legal experience, we have what it takes to protect your rights. When you need a theft crimes lawyer in Newport Beach, CA, don't wait: contact us right away for a free, confidential consultation.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
In Newport Beach, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without permission. The main difference is how much value was allegedly stolen: For values $950 and under, the charges will normally be petty theft, while any more will normally be grand theft.
Fighting petty theft charges often lead to more positive outcomes, in part because they are often misdemeanors. However, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, a skillful theft crimes lawyer can help you minimize penalties.
Here's a breakdown of what distinguishes petty and grand theft:
| Alleged Violation | 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
Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. 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, most shoplifting charges are misdemeanors. That said, you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Whether you're up against a felony or misdemeanor charge, a local Newport Beach, CA theft crimes lawyer can help protect you from the worst consequences.
Organized retail theft (either a crime ring or repeated instances of shoplifting) 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 include: Theft was unintentional, 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
Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Newport Beach, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.
If you're facing petty theft with a prior allegations, the state must establish: (1) the defendant committed petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. 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.
Possible Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Newport Beach, CA
Whatever Newport Beach, 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 actually not a unique charge. Grand theft auto is a smaller part 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. On the other hand, if the alleged offender wasn't going to keep it, they're probably going to face charges of joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, it's almost always better to be charged with joyriding in Newport Beach, 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 can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the vehicle is enough for a conviction.
At the Law Offices of David S. Chesley, you'll partner with a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Contact us now 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 — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. 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 Newport Beach, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. It covers situations where the alleged offender both did and didn't intend to return the vehicle. If you deprive someone of their vehicle with any intentions, this law applies.
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 most circumstances, Newport Beach, CA, joyriding cases are handled as misdemeanors. That said, 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
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Due to the violent nature of the crime, carjacking is always a felony and is often ineligible for probation.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have or are storing a car 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.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove were aware that the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Newport Beach, CA
White collar crimes in Newport Beach, CA, vary widely in context and action, but all of them share one thing in common: abuse of an organization for personal gain.
Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. 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 involve financial exchanges, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, and identity theft is the taking of another person's personal information. You can face either of these charges without having taken money from the alleged victim.
Embezzlement, Money Laundering, Fraud & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — years in prison, massive fines, professional license revocation, and permanent stains on your reputation. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. These charges will include the element of deceit, breach of trust, or abuse of a professional for personal gain. Newport Beach, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
Possible Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Repay alleged victims, employment restrictions
Money Laundering — California Penal Code § 186.10
Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It commonly is made up of three steps: placement (introducing dirty money into the financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).
California's money laundering law aims at transactions of more than $5,000 conducted with knowledge that the money was obtained through criminal activity. Federal money laundering charges (18 U.S.C. § 1956) can also apply, risking up to two decades of prison time.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law criminalizes bribery in many contexts — elected officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Whatever position you're in, a Newport Beach, CA, theft crimes lawyer is important to give you insights into successful defense strategies.
Who can face bribery charges? Whether you offered or accepted a bribe, you could face charges in Newport Beach, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Newport Beach, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. State law is broad and covers checks, receipts, stock certificates, vehicle titles, power of attorney documents, court orders, prescriptions, 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. Just the plan to commit fraud, combined with the act of creating or using the forged item, is sufficient for a conviction.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Newport Beach, CA if you use someone else's personal information without permission to perform a restricted activity, such as obtaining credit, goods, services, or medical information.
Crucially: You can be found guilty even if the alleged victim didn't lose any money. Simply taking and using someone's information without a legal reason is enough to warrant a crime under California statute § 530.5. This makes it critical to hire an expert theft crimes lawyer whatever the details of your case.
Newport Beach, CA, identity theft allegations are very serious, and frequently result in 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 Defend in Newport Beach, CA
Fraud is one of the most common white collar crimes in Newport Beach, CA, and it has several subcategories. Generally speaking, someone 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 one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. For example, if someone were to hide their valuable property and claim it was stollen, that person can be charged with 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 claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another notable form is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Different Kinds of Fraud, False Pretenses & Financial Deception
You could face accusations of fraud in Newport Beach, CA, for a wide variety of actions — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. These cases are often document-heavy and require a theft crimes lawyer who understands both the law and financial evidence.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when one person intentionally deceives another through false statements or misrepresentations, who then freely gives up something of value based on the false information. The key element is that the victim willingly hands over the property as a result of being deceived.
Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; lying about the condition of goods sold.
The charge level (misdemeanor vs. felony) 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. If you're facing insurance fraud charges in Newport Beach, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will protect your rights and explore all avenues to help you find the best outcome possible
Frequent forms include: Staging or exaggerating auto accidents; 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 twice what was defrauded
- Restitution: Full repayment to insurer
- Additional: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Newport Beach, CA, go beyond credit cards and involve the misuse of financial account access information. This includes using another individual's card without authorization, using a fake card or one acquired by theft, charging to an account when you don't have the card, or illegally acquiring or selling card account information.
Note on federal charges: It's common in California credit card fraud cases for there to also be federal charges, especially when accounts are used across state lines or 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
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A leading Newport Beach, CA, theft crimes lawyer can dissect the prosecution's case and greatly improve your case's outlook.
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: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Newport Beach, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To be eligible forMedicare hospice benefits, the person being treated must be predicted to pass away within half a year if nothing drastic changes in their health condition — many hospice fraud cases are the result of these predictions being inaccurate.
This type of fraud is more often alleged towards providers over patients. Because healthcare professionals have more access to control billing and provide diagnoses, they are at higher risk of being accused of hospice fraud. These accusations are particularly dangerous because they are often charged in federal court in Newport Beach, CA, meaning you're up against very difficult odds.
Critical Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Extra: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges have particularly far-reaching consequences. In Newport Beach, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.
While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. 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 Newport Beach, CA theft lawyer immediately.
Critical Note: 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. You can be accused of breaking this law whether you gave or received the money.
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: Ineligibility 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's statute specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Newport Beach, 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 managers, 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, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare benefits, the person receiving care must be homebound and require special care. Because of the particulars of the definition, these cases can vary wildly from one another.
A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. 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 Newport Beach, CA. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Critical Note: 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 — even if you broke the law accidentally.
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 Fight in Newport Beach, CA
There is often a crossover between theft and violent crime charges in Newport Beach, CA. This can occur if you're charged with robbery. A person commits robbery when they take something directly from another person by force. As opposed to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.
Extortion relies more on threats than actual violence to commit a theft. 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. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.
Robbery, Extortion & Force-Related Theft
If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. Beyond the felony charges themselves, you could also be up against a strike on your record. Immediate Newport Beach, CA, legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. Robbery is always a felony and always a strike offense.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
Possible Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to damage someone's storefront unless they pay "protection money;" 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 Newport Beach, CA
Burglary is often charged along with theft in Newport Beach, CA. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. This is commonly a building, like a convenience store (which would make it commercial burglary), but not always. For example, if you allegedly broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.
Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Because of this, these cases can often hinge on if you were allowed to be in the location or not.
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. But that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Newport Beach, CA (except in extreme cases).
Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to burglarize someone's home. It's common to face burglary and vandalism charges together in Newport Beach, CA, making it all the more important to get a top quality theft crimes lawyer to protect your rights.
Finally, even if you don't commit a theft, you can face related charges in Newport Beach, CA. How can this be? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.
Burglary, Home Invasion & Related Charges
People commonly think of burglary as entering someone's house to commit theft, but that's not how Newport Beach, 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 — for the purpose of committing a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location is what matters.
Residential burglary is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Newport Beach, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not eligible 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. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Your theft crimes lawyer in Newport Beach, 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. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Common misconception: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
At the intersection of burglary and violent crimes are home invasion charges. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them 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
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. You need a Newport Beach, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. 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. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without receipts, 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
Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Newport Beach, CA.
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
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
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing involves entering or remaining on another person's property without permission. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.
Standing alone, trespassing is normally charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Perjury 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: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. Because of this the theft of even a low-value firearm results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
Federal firearms theft charges may also apply. 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 who is able to protect you from even the toughest opponents.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.
The prosecution in Newport Beach, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. 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 doesn't provide an agreed upon level of care; contractor overcharging vulnerable seniors; fraudulent investment schemes targeting retirees.
Potential Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
In Newport Beach, 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 Newport Beach while it's at its most vulnerable, and judges are never pleased by this. If you allegedly broke into a business building during a wildfire and took some of its merchandise, you could face looting allegations.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. 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 — even if the attempt failed or was interrupted.
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 contact the Law Offices of David S. Chesley, you can connect with an expert theft crimes lawyer in Newport Beach, CA, who will help you break down and navigate the charges. Together, we will defend your rights and your freedom.
What to Do if You're Accused of Theft
You need to take these accusations seriously. You're up against the Newport Beach, CA, prosecutor's office, the alleged victim is accusing you, and a conviction could derail your life. When you're alone, it can seem impossible.
But you have an ally. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. When you work with us, you will get a Newport Beach, CA, theft crimes lawyer who will listen to your story and advocate for your rights. To get started, use the five steps below to protect your freedom and avoid common pitfalls:
1. Do Not Resist Arrest
Mistakes here can hurt your case. If you're being arrested, don't resist. Be polite and respectful during the process. Fighting back can only make things worse.
2. Keep Calm and Don't Talk
There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and you say something untruthful, you can be accused of perjury.
3. Call a Newport Beach, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
Your lawyer can help argue for your release at a bail hearing. Our firm's theft crimes defense attorneys will argue against the prosecution for your release. Your rights and freedom matter, no matter what you've been accused of.
5. Cooperate With Your Attorney to Create a Defense Strategy
This is perhaps the most important step: building a defense against the charges. An accomplished theft crimes lawyer in Newport Beach, CA, will take the time to listen to you, negotiate with the state, and argue for charges to be dismissed whenever possible.
How Our Theft Lawyers Fight Against These Charges
Your case is unique — and your defense strategy must be oriented to the specific facts, evidence, and allegations. If you're up against theft allegations in Newport Beach, 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
One of the most powerful defenses in any theft case is the absence of criminal intent. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
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 include: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.
Using This Defense:
- Grand Theft: Negates specific intent to permanently deprive
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The 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 theft and burglary cases, the Newport Beach, CA, police department will gather evidence through searches. If the investigators disobeyed regulations, the evidence can be thrown out and the state may need to drop charges.
Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legally obtained warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can substantially change the outcome. Suppression motions are fully litigated in Newport Beach, CA, courts, and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out
False Accusation / Misidentification
Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Newport Beach, CA. False accusations can arise from personal disagreements, cases of mistaken identity, misunderstandings about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — you need a Newport Beach, CA, theft crimes lawyer to protect your freedom.
One of the ways that innocent people are commonly accused in Newport Beach, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — especially across racial lines, under poor lighting conditions, or when the perpetrator was briefly seen. No matter how confident the eyewitness is, there is always room for error. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; attacking the character of the accuser; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between witness statements made at different points in time.
If you are facing false allegations: Stay away from witnesses, do not attempt to gather evidence independently, and do not tell your side of the story to the police without an attorney present. You might make a mistake, or the police might misinterpret something you say. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — For some charges, the state must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.
Consent / Permission — Theft requires that property be taken without the owner's consent. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.
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.
Sentencing Alternatives — In many cases with first-time offenders, California offers diversion programs that can protect you from a conviction. This is often a favorable outcome for our clients that we will fight to secure.
Arguing the Property Valuation — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. The following criteria typically apply: successfully completed all terms of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — as a more recent restriction — 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. 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.
Expungement under § 1203.4 carries meaningful practical benefits: In particular, you won't have to note any convictions on private job applications. However, expungement does not seal a criminal record from all access — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Newport Beach, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is full sealing, 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: Still restricted from owning guns, and the police can still review these records
Frequently Asked Questions About Theft Charges in Newport Beach, CA
What's the difference between petty theft and grand theft in Newport Beach, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Petty theft misdemeanors are typical for anything $950 and below. Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Can a theft charge be expunged from my record in California?
Often, yes. For probation sentences, expungement is often offered conditionally upon your completion. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What should I expect from first-time shoplifting charges in Newport Beach, 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. An attorney can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you sincerely didn't know and had no reasonable basis to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like strangely good deal or lack of receipts can lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Newport Beach, CA?
Very serious. In Newport Beach, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you could be up against increased sentences. Get in touch with one of our theft crimes lawyers immediately 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. Several theft-related offenses — including 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?
You can avoid jail in many cases, actually. Newport Beach, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. While felony charges can be harder to avoid prison for, it is still possible in some cases. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Call us to review what options you have.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you actually took anything doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. Because of this, intent evidence — and arguments surrounding it — is critical to burglary defense.
Fighting Theft Allegations in Newport Beach, CA? Call Our Firm Right Away.
Every theft allegation is a big deal. Our lawyers are equipped to defend you — whenver you need help. Your first consultation is completely free and confidential.
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