Theft Lawyer Ontario, CA. Being arrested for theft is just the beginning . It's easy to feel lost when you're up against theft charges. It might look like all hope is lost.
Even when you're up against the toughest battle of your life, there is an option who will fight for you: The Law Offices of David S. Chesley. Our legal team has the tools and training to fight against any theft and related charges. With a Ontario, CA, theft crimes lawyer from our team defending your freedom, every legal avenue will be explored to protect your rights.
Speak with a theft crimes lawyer today at (800) 755-5174 or use our contact form 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 Ontario, CA, Theft Defense Lawyer
You should never take theft allegations lightly, no matter what the specifics are. On your own, you're stuck trying to navigate a convoluted legal code and potentially set yourself up for the below consequences:
- Prison Sentence: Jail time is a common consequence for theft in Ontario, CA.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Ontario, CA theft crimes lawyer on your case. You need the Law Offices of David S. Chesley. Here's some of what sets us apart:
Why You Should Hire Our Ontario, CA Theft Defense Lawyers
Working with our expert Ontario, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and how it will impact your case:
- A Team Of Former District Attorneys & 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 — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
- Trial-Ready From Day One — We prepare every case as if it's going to trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- Expungement Services — Our representation doesn't end at the verdict. Don't let an arrest or criminal record hold you back — speak with one of our Ontario, CA, criminal defense attorneys to discuss expungement options.
- Terrific Reputation – We are renowned professionally and by clients.
- Available 24/7 — Arrests happen at all hours. So do we. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
- Totally Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Theft Charges We Defend in Ontario, CA
Use the links below to navigate directly to a full breakdown of the law, consequences, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Cases We Fight in Ontario, CA
With over 50 years of combined legal experience, we have what it takes to protect your rights. If you need a theft crimes lawyer in Ontario, CA, don't hesitate: contact us right away for a free consult to go over your charges.
Our lawyers can help you fight all of the following allegations:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without their consent. The main difference is the amount that was supposedly taken: For values $950 and under, the classification will normally be petty theft, while any more will ordinarily 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 is usually more challenging because it is more frequently charged as a felony. Whichever type of charge you're facing, the right theft crimes lawyer will improve your chances of reaching a positive outcome.
Here's a breakdown of what distinguishes petty and grand theft:
| Alleged Violation | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Often Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
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 repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Ontario, 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) is increasingly prosecuted aggressively by Ontario, CA, prosecutors following recent state legislation.
Shoplifting Potential Penalties:
- Misdemeanor Jail: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies are: Theft was unintentional, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. This is one of the most common mechanisms used in Ontario, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To charge PC § 666, the state must establish: (1) the accused is guilty of petty theft; and (2) the accused has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. 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 Ontario, CA
There are several vehicle theft charges we defend in Ontario, CA. One of the ones people commonly think of is grand theft auto, but that's actually not a law of its own. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, joyriding charges are almost always better to face in Ontario, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. In the same vein as receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or holding onto the car or truck is enough for a conviction.
At the Law Offices of David S. Chesley, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Call today to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.
The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).
Potential Penalties:
- Charge Type: Wobbler (usually felony in Ontario, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. It covers situations where the alleged offender both did and didn't intend to return the vehicle. This law is relevant any time someone allegedly drives a vehicle without permission.
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. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Ontario, CA, vehicle theft crimes lawyer to build you a solid defense.
In Ontario, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Temporarily deprive | Permenantly deprive |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because of the violent element, carjacking is always a felony and is often ineligible for probation.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have or are storing a automobile when you knew or should have know it was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. The state must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Ontario, CA
White collar crimes in Ontario, CA, can look very different from each other, but they all share one thing in common: abuse of an organization for personal gain.
Many white collar crimes center around taking or hiding money in some way. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.
Not all white-collar crimes are centered around the exchange of money, though (at least at face value). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing someone's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.
Embezzlement, Identity Theft, Bribery & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — incarceration, financial penalties, professional license revocation, and permanent stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.
White Collar Crimes — Synopsis
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. What unites these offenses is the element of deceit, breach of trust, or abuse of a professional for personal benefit. Ontario, 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. Call us now if you have any reason to believe the police are looking into you. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The key element is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.
Common contexts: A company credit card holder using it for personal purchases; 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 charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Repay alleged victims, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It typically involves three steps: placement (bringing the illegally-obtained money into the economy), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (making the funds appear legitimate).
California's money laundering law is set to combat transactions over $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 twice the amount laundered
- 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 — government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Whatever position you're in, a Ontario, CA, theft crimes lawyer is essential to give you insights into successful defense strategies.
Important: Whether you offered or accepted a bribe, you could face charges in Ontario, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Ontario, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers bills, money orders, contracts, vehicle titles, wills, court orders, prescriptions, identification documents, and many other types of written instruments.
What if I didn't steal anything with it? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, combined with the act of creating or using the false document, is enough 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
In Ontario, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, such as obtaining credit, goods, services, or medical information.
Crucially: No financial loss to the victim has to occur for a conviction. Just obtaining and using someone's information without authorization is enough to trigger criminal charges under California statute § 530.5. Because of this, you need to work with an expert theft crimes lawyer whatever the specifics of your case.
Identity theft accusations are aggressively prosecuted in Ontario, CA, and frequently result in federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.
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 Ontario, CA
Fraud is a frequent white collar crime charge in Ontario, CA, and can be divided into smaller categories of its own. Broadly speaking, someone who commits theft by lying about something in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. For 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 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 variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Ontario, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.
Types of Fraud, False Pretenses & Financial Deception
Fraud charges in Ontario, CA, cover a vast range of conduct — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
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, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Lying about being a contest winner; misrepresenting credentials to get paid for work; pitching investments based on false information; collecting donations for a nonexistent charity.
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
Lying to an insurance company to receive a payout or other benefit is insurance fraud. Insurance fraud charges are always a big deal, and are often felonies in Ontario, CA. An expert theft crimes lawyer will protect your rights and explore all avenues to help you find the best outcome possible
Typical forms include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.
Potential Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
You can face credit card fraud charges in Ontario, CA, for a variety of actions done with a credit or debit card. You could be accused of using another person's card without consent, using a fake card or one acquired by theft, using an account number without physical possession of the card, or illegally acquiring or selling card account information.
Regarding federal charges: You are likely to face both federal and state charges, especially when cards are used across state lines or the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. A leading Ontario, CA, theft crimes lawyer can help show issues in the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (most often): 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 Ontario, 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 the illness runs its normal course — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
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. Ontario, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.
Warning: 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.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud 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 Ontario, CA theft lawyer who has your back.
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. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.
Important: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Providers and referrers are both at risk of prosecution under these circumstances.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Loss of eligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically addresses 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. These are some of the most complicated cases to defend in Ontario, CA, as they often involve extensive medical records and expert testimony/analysis. Doctors, billing companies, office workers, and clerks 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, 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 — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare reimbursement, the person receiving care must be homebound and require skilled care. Home health fraud exploits this framework in a variety of ways.
Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Ontario, 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 Ontario, CA
There is often a crossover between theft and violent crime charges in Ontario, CA. This can be the case when you're accused of robbery. A person commits robbery when they take something directly from another person by force. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
However, some thefts which did not start out violent can end up involving violence. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. For example, if 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
Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. These charges are always felonies and often carry strike designations. Your Ontario, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. Being convicted of robbery will likely result in a prison sentence as well as a strike.
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
A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to report someone for a crime 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 Defend in Ontario, CA
Burglary charges in Ontario, CA, are distinct from theft, but often go hand-in-hand. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. This is commonly a building, like a retail store (which would make it commercial burglary), but not always. For example, if you allegedly smashed a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Today, shoplifting is no longer a subset of burglary offenses in Ontario, CA, and faces more lenient penalties if convicted.
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 in order to steal from the building. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Ontario, CA, doubling the importance of working with a top quality theft crimes lawyer to protect your rights.
Finally, you can face theft charges in Ontario, CA, even if you didn't steal anything yourself. What can lead to this? 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 Ontario, 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 — with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. The reason that you went there is what matters.
Residential burglary is always a felony and will add a strike to your record upon a conviction. This is one of the most serious theft-adjacent charges in California law, and Ontario, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison Sentence: 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
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. This charge is considered a wobbler and could be either a misdemeanor or a felony.
Your theft crimes lawyer in Ontario, 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.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. This charge commonly arises when someone smashes a car window to take items left inside. Unlike residential burglary, vehicle burglary is a wobbler.
Key distinction: Stealing from an unlocked vehicle does 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. Ontario, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need the most experienced criminal defense team available, and you need them now.
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. Your Ontario, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. Buying, selling, or disguising something that was stolen can lead to these charges.
The prosecution must prove you knew — or had reason to know — the property was stolen. This knowledge element is often where we can mount an effective defense. Buying items at a great deal, without receipts, or from unknown sellers, does not automatically mean you had knowledge of theft.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Ontario, CA.
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
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
Without compounding charges, trespassing is usually charged as a misdemeanor or infraction. However, Ontario, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
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: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. Because of this the theft of even a nearly worthless firearm will end up with 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.
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 critical to have 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.
This offense is aggressively prosecuted in Ontario, CA, and enhanced sentencing applies. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.
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
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.
These charges are often looked upon very negatively in Ontario, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. Looting is considered a way of taking advantage of Ontario 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
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) the desire to break the law, and (2) some form of action that furthers the criminal ends — whatever the outcome was.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
Regardless of what charge you're facing, when you call the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Ontario, CA, who will listen to your side of the story and build a defense around that. Together, we will defend your rights and your freedom.
5 Steps to Take When Accused of Theft
Being charged with theft can be intimidating. There could be a warrant out for your arrest, you could be facing major legal consequences, 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. With one of our Ontario, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. Here are the steps we recommend taking:
1. Do Not Resist Arrest
Nobody wants to be arrested. However, don't resist. Be polite and respectful during the process. Resisting can only make things worse.
2. Stay Calm and Don't Talk
There's a chance you'll be interviewed or interrogated – don't talk. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and you say something untruthful, you can be charged with perjury.
3. Reach Out to a Ontario, 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. We are available 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 theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Cooperate With Your Attorney to Make a Personalized Defense
Finally, you work with your attorney to craft a strong defense. An expert theft crimes lawyer in Ontario, CA, will listen to your story, negotiate with the prosecution, and fight for a dismissal whenever possible.
Powerful Defense Strategies for Theft Charges
Your case is unique — and your defense strategy must be adapted to the specific facts, evidence, and accusations. If you're up against theft allegations in Ontario, 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
Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
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 a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses include: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key principle: This is a major hurdle for the prosecution in any theft case. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving family disagreements, where sometimes people can forget about who the formal owner of a piece of property is and unintentionally misuse it.
Using This Defense:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In many criminal cases, the Ontario, CA, police department will gather evidence through searches. If the investigators disobeyed regulations, the evidence can be suppressed and the district attorney 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 conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the limits of a valid warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
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 substantially change the outcome. Suppression motions are fully litigated in Ontario, 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, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
The Ontario, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can result from personal arguments, misidentification by witnesses, mistaken assumptions 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 — aggressive and immediate defense is essential from the moment of accusation.
One of the ways that innocent people are commonly accused in Ontario, 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 — particularly across racial lines, under poor lighting conditions, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; exposing bias or motive on the part alleged victim; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between witness statements made at different points in time.
If you are falsely accused: Do not confront witnesses, do not try to collect evidence yourself, and do not attempt to explain your innocence to police without your theft attorney 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 were aware that the property was obtained through theft. 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 — Theft requires that property be taken without the owner's consent. 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 — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Diversion Programs — Especially for offenders without a record, 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.
Challenging the Property Valuation — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — in a newly added requirement — in several cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, there are still some restrictions in the expungement process — it 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) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
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 for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Frequently Asked Questions About Theft Charges in Ontario, CA
What's the difference between petty theft and grand theft in Ontario, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Both require an attorney, but grand theft charges demand urgent and aggressive representation.
Can a theft charge be expunged from my record in California?
In many cases, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. Our firm offers full expungement services.
What should I expect from first-time shoplifting charges in Ontario, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. An attorney can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you sincerely didn't know and had no reasonable basis to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. However, circumstances like an unusually low price or lack of receipts can be used against you, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Ontario, CA?
Very serious. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have any prior convictions, you may also face enhanced sentencing. Get in touch with us right away if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — 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 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 are available to you.
Can I be charged with burglary if I didn't steal anything?
Yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you stole something or not doesn't matter — 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 how it's presented — is central to burglary defense.
Looking for a Ontario, CA, Theft Lawyer? Contact Us Right Away.
There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is equipped to defend you — 24 hours a day, 7 days a week. Contact us now for a free, confidential case review.
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