Theft Lawyer Orange, CA. Nobody wants to be in a situation where they're facing criminal charges. Theft charges in particular can be complex because of the wide variety of them. It can seem like there's no way out.
Even when it feels like there is no hope, you have a path forward: The Law Offices of David S. Chesley. Our lawyers have extensive experience defending clients against all manner of theft crime charges. With a Orange, CA, theft crimes lawyer from our team building your defense, every legal avenue will be explored to protect your rights.
Discuss your case with a theft crimes attorney right away at (800) 755-5174 or connect with us online for a private review of your case at no cost. Waiting too long to reach out can cost you everything.
The Importance of a Theft Lawyer in Orange, CA
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to decipher a complicated legal system and increase your risk of the following penalties:
- Jail Sentence: Orange, 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: Having a criminal record can negatively affect your future career goals.
- Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Orange, CA, theft crimes lawyer. The Law Offices of David S. Chesley is ready to help. Here's some of what sets us apart:
Top Qualities of Our Orange, CA Theft Defense Attorneys
Not every criminal defense firm is created equal. Here's what you get when you call us — and the difference it will make for your case:
- A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know common weak points and how to attack the prosecution's case.
- Deep Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
- Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
- Record Expungement Services — Even after the fact, we're still here to help. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Superb Reputation – We are well-known for our tenacious representation.
- Always Availalbe — 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.
- Completely Private — 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.
Every Theft Charge We Defend in Orange, CA
Click any charge below to jump directly to a full explanation of the law, consequences, and more.
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 Orange, CA, Theft Crimes We Defend Against
Our attorneys know how to fight theft crime cases. If you need a theft crimes lawyer in Orange, CA, don't wait: Reach out now for a free, confidential consultation.
Below are some of the main theft crime accusations we fight against in Orange, CA:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in Orange, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property without permission. The main difference is how much value was allegedly stolen: If it was $950 or less, the charges will typically be petty theft, while higher values will generally be grand theft.
Defending petty theft allegations often lead to more positive outcomes, in part because they are often misdemeanors. However, defending grand theft charges is usually more challenging because it is more frequently charged as a felony. 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:
| Criminal Charge | 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. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Whether you're up against a felony or misdemeanor charge, a local Orange, 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:
- Jail Sentence: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies are: No intention to steal, wrong identity, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
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. This is one of the most common mechanisms used in Orange, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
If you're facing petty theft with a prior allegations, the state must establish: (1) the defendant engaged in petty theft; and (2) the suspect 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
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Orange, CA
Whatever Orange, CA, vehicle theft charge you're facing, we can help you fight it. One of the ones people commonly think of is grand theft auto, but that's technically not its own charge. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If the defendant did intend to return it, they're more likely to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, joyriding charges are almost always better to face in Orange, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Just owning or having 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 knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Contact us today to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — 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 Orange, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is one of the main vehicle theft laws in California. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. This law is relevant any time someone allegedly drives a vehicle without permission.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
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. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Orange, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In Orange, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Return the vehicle afterwards | Keep the vehicle forever |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Orange, CA prosecutor is likely going to pick carjacking over another offense. Due to the violent nature of the crime, carjacking is always a felony and is 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 are in possession of a automobile that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
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 you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Orange, CA
White collar crimes in Orange, CA, can be any one of a variety of charges, but all of them have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
Many white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes are centered around the exchange of money, though (at least at first glance). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of another person's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Money Laundering, Bribery & More
White collar crimes carry severe consequences even without physical violence — prison sentences, massive fines, professional license revocation, and long-lasting stains on your reputation. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.
White Collar Crimes — Overview
Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a position for personal benefit. Orange, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
White collar cases are often investigated for months or even years before charges are filed. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Hypothetical examples: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; 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
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It ordinarilly consists of three steps: placement (adding the dirty money into the legitimate financial system), 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 specifically targets financial actions over $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, which tends to have much harsher penalties.
Potential Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of elected officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, a Orange, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.
Who can face bribery charges? Whether you offered or accepted a bribe, you can be charged in Orange, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Orange, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. California's forgery statute is broad and covers checks, receipts, stock certificates, deeds, power of attorney documents, court orders, prescriptions, identification documents, and many other types of written instruments.
What if I didn't use the forged document? You can be charged with forgery even if no one was actually defrauded. Just the plan to commit fraud, in addition to the creation or use of the fake 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 Orange, 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 — for any unlawful purpose, including obtaining credit, property, services, or medical information.
What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply taking and using someone's information without a legal reason is enough to violate California law. Because of this, you need to work with an expert theft crimes lawyer regardless of the particular of your case.
Identity theft accusations are aggressively prosecuted in Orange, CA, and frequently involve federal charges when conducted online, across state lines, or at scale.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend in Orange, CA
Fraud is one of the most common white collar crimes in Orange, CA, and it has several subcategories. Broadly speaking, someone who commits theft by acting dishonestly so that another person gives away their 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. As an example, if someone were to hide their valuable property and claim it was stollen, that person is guilty of insurance fraud.
A similar fraud charge 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 common 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 the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.
When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Orange, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.
Different Kinds of Fraud, False Pretenses & Financial Deception
Fraud charges in Orange, CA, cover a vast range of conduct — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. 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 is one of the most common fraud charges in Orange. These allegations are used when a 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; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.
If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. If you're facing insurance fraud charges in Orange, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will fight the allegations and negotiation with the prosecutor to help you find the best outcome possible
Typical examples include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; 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
You can face credit card fraud charges in Orange, CA, for a variety of actions done with a credit or debit card. This includes using another individual's card without permission, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally taking or selling card account information.
What to know about federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, especially when accounts are used across state lines or online. 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; using fake identities to collect extra benefits; using another person's EBT card; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.
These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. A premier Orange, CA, theft crimes lawyer can dissect the prosecution's case and greatly improve your case's outlook.
Potential 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 occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To legally receiveMedicare hospice benefits, the person being treated must have a terminal prognosis of six months or less to live if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. Orange, 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: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. Providers are often unaware that an investigation is underway until a search warrant is executed.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Orange, CA.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. 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 Orange, CA theft lawyer immediately.
Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Providers and referrers are both at risk of prosecution under these circumstances.
Possible Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, 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. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically targets 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. Without an expert Orange, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Healthcare providers, billing organizations, office workers, and clerks have all faced prosecution depending on their level of involvement.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare reimbursement, the person receiving care must be homebound and require specialized 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. Home health fraud charges in Orange, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
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 — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.
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 Orange, CA
There is often a crossover between theft and violent crime charges in Orange, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.
However, some thefts which did not start out violent can end up involving violence. 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. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. 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
When theft involves force, fear, or coercion, the penalties increase dramatically. Beyond the felony charges themselves, you could also be up against a strike on your record. Immediate Orange, CA, legal counsel is non-negotiable.
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.
Your robbery charge in Orange, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.
Possible Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to damage someone's storefront unless they pay "protection money;" threatening to harm someone's reputation unless granted a professional favor.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Orange, CA
Burglary is often charged along with theft in Orange, 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 retail store (in which case it would be commercial burglary), but not always. For example, if you supposedly smashed a car window to take something from the glovebox, that would be considered burglary of a vehicle.
Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Because of this, what you were allegedly planning to do in a location can be just as important as how you got access to it.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. The differences in charges had a major impact for several offenses and penalties. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
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 Orange, CA, doubling the importance of working with a top quality theft crimes lawyer to defend you.
Lastly, you can face theft charges in Orange, CA, even if you didn't steal anything yourself. 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
California burglary law is broader than most people realize — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.
Residential Burglary (First Degree) — California Penal Code § 459
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — while planning to commit a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is what matters.
This charge 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 Orange, 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
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Common misconception: Stealing from an unlocked vehicle does not qualify for a burglary charge. This is still against the law, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Orange, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — all carrying their own prison terms, often served consecutively. If you are up against home invasion charges, you need a law firm with a track record of success, and you need them as soon as possible.
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 & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. 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.
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 that are cheaply listed, without receipts, or from unknown sellers, does not make you guilty.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Orange, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
On its own, trespassing is typically 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. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: 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
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)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. This means stealing even a nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.
To make things worse, you may also have to fight in federal court. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more essential to work with an attorney with the skills to fight for you at all levels.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
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 Orange, CA, and enhanced sentencing applies. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Caregiver overcharging for services; family member doesn't provide an agreed upon level of care; contractor overcharging vulnerable seniors; phising emails that impersonate loved ones.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
In Orange, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. These acts are viewed as particularly heinous, and penalties can be severe. 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) a tangible step is taken towards breaking the law — even if the attempt failed or was interrupted.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
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.
No matter what you've been accused of, when you contact the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Orange, CA, who has the training and experience needed to find a path forward. As a team, we will defend your rights and your freedom.
Facing Theft Allegations? These Are Your Next Steps
Theft allegations are just the tip of the iceberg. You're up against the Orange, CA, prosecutor's office, not everyone will believe your side of the story, and you need to defend your reputation as well as your innocence. When you're alone, the odds can seem insurmountable.
But you have another option. The Law Offices of David S. Chesley is here to help. A Orange, CA, theft crimes lawyer from our team will guide you on how to navigate your case. Here are the steps we recommend taking:
1. Do Not Resist Arrest
Nobody wants to be arrested. However, don't resist. If you act civilly, it will make things go faster and easier. Resisting can only make things worse.
2. Act Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and you say something untruthful, you can be accused of perjury.
3. Call a Orange, CA, Theft Crimes Defense Attorney ASAP
In California, people who have been arrested are given three phone calls. One of these should be to your theft crimes lawyer. Getting legal assistance quickly can protect you from making mistakes that will come back to hurt you later. We are available at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
Before you can leave the jail, you'll probably have to go through a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Coordinate With Your Lawyer to Build Your Defense
With the right attorney by your side, it's time to create a strategy to fight the charges. An expert theft crimes lawyer in Orange, CA, will take the time to listen to you, negotiate for deals with the state, and argue for charges to be dismissed wherever possible.
How Our Theft Lawyers Fight Against These Charges
As expert theft crime attorneys, we know that each case's defense strategy must be adapted to the specific details, proof, and charges. Here are the major defense approaches our attorneys use to fight theft charges in Orange, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. 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. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Additional intent-based defenses consist of: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).
Key point: This is a major hurdle for the prosecution in any theft case. Challenging the intent element is not simply a fallback strategy. It is often the strongest available defense, particularly in cases involving property disputes, family conflicts, and many civil debt situations.
Defense Application:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: 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 theft and burglary cases, how the evidence was obtained is just as important as what it is. If the authorities broke the law, the evidence can be thrown out and the prosecution may be unable to proceed.
Here are some of the reasons that evidence is thrown out in theft cases: warrantless searches of vehicles, homes, or persons without valid legal justification; searches resulting from a warrant that was based on false information; 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 exceeded 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.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can make a big difference. Suppression motions are fully litigated in Orange, CA, courts, and are an essential tool for the defense when facing theft charges.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can arise from personal disagreements, misidentification by witnesses, mistaken assumptions 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 Orange, CA, theft crimes lawyer to protect your freedom.
Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, under poor lighting conditions, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Orange, CA, court.
Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between different statements and testimony between witnesses.
If you are facing false allegations: Stay away from witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without your theft attorney present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the prosecution must prove you were aware that the property was obtained through theft. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Consent regarding your use of the property is a strong defense in Orange, CA, theft cases. 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 — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Sentencing Alternatives — Particularly for offenders without a record, California offers sentencing alternatives that can protect you from a conviction. This is often a favorable outcome for our clients that we will fight to secure.
Challenging the Value of Property — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. You shouldn't face charges that are disproportionate to the alleged act.
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, certain individuals with theft convictions can ask for their pleas to be removed — 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 — as a more recent restriction — in many cases, must not have served time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
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.
Here are some of the advantages of getting your theft conviction expunged: In particular, job applications become a lot easier, as you won't have to mention your conviction. However, there are still some restrictions in the expungement process — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is the total removal of the record, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. 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: Charges dismissed 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: Still restricted from owning guns, and the police can still review these records
Orange, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Orange, California?
How much was allegedly stolen determines the specific theft charge. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Is it possible to expunge a theft conviction in California?
Frequently, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. If you want to leave the past behind and move on with your life, this can be a major step forward. Our firm offers full expungement services.
What should I expect from first-time shoplifting charges in Orange, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. Working with a criminal defense lawyer 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 didn't have a reason to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. That said, circumstances like strangely good deal or lack of receipts can erode your case, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Orange, 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 immediately 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. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
Not necessarily. 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. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. 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 — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and challenging how it's proven — is critical to burglary defense.
Up Against Theft Charges in Orange, CA? Call Our Firm Right Away.
There is no such thing as a minor theft accusation. Our lawyers are equipped to defend you — 24 hours a day, 7 days a week. You can call our attorneys today to start building your defense.
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