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Theft Lawyer Palm Desert, CA

Theft Lawyer Palm Desert, CA. There are few things tougher than facing the Palm Desert prosecutor alone. Theft accusations in particular can be scary, because they are often layered with multiple charges. On your own, it can feel impossible to win.

Even when all hope seems lost, you have a path forward: The Law Offices of David S. Chesley. Our legal team has extensive experience defending clients against all manner of theft crime charges. With a Palm Desert, CA, theft crimes lawyer from our team protecting your rights, you'll have someone by your side from day one until you get justice.

Connect with an attorney today at (800) 755-5174 or connect with us online for a private review of your case at no cost. It's easy to get started, and acting fast can mean everything.


Why You Need a Leading Palm Desert, CA, Theft Defense Lawyer

Theft crime accusations are always a big deal, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to figure out a intricate legal code and make it more likely that you'll face the following:

  1. Jail Sentence: Most theft charges in Palm Desert, CA, carry a potential jail sentence of six months or more.
  2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
  3. Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
  4. Stained Reputation: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
  5. And more.

If you want to avoid all of this, you need a distinguished Palm Desert, CA, theft crimes lawyer. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:

What Sets the Law Offices of David S. Chesley Apart

Working with our expert Palm Desert, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and why it matters for your theft case:

  • Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We use that inside knowledge to dismantle the prosecution's strategy.
  • Deep Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
  • Trial-Ready From Day One — We prepare every case as if it's going to trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
  • Record Expungement Services — We don't leave you behind after the verdict. You deserve to move forward with your life, and we can help you do it.
  • Excellent Reputation – We are well-known for our tenacious representation.
  • 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.
  • Completely Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Every Theft Charge We Defend in Palm Desert, CA

Click any charge below to jump directly to a full breakdown of the law, penalties, 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


Palm Desert, CA, Theft Allegations We Defend Against

Our attorneys know how to fight theft crime cases. If you're looking for a theft crimes lawyer in Palm Desert, CA, act fast: Reach out right away for a no obligation review of your case.

Our lawyers can help you fight all of the following allegations:

Petty Theft Charges vs Grand Theft Charges

In Palm Desert, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property when you weren't allowed to. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the charges will generally be petty theft, while any more will typically 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, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. In either case, a skillful theft crimes lawyer can help you minimize penalties.

Here's a breakdown of what distinguishes petty and grand theft:

Alleged CrimePetty TheftGrand Theft
Stolen Property Value$950 or LessMore than $950
Charge Type?Usually MisdemeanorMisdemeanor or Felony
Misdemeanor PenaltiesUp to six months in jail, and up to $1,000 in finesUp to one year in jail, and up to $1,000 in fines
Felony PenaltiesUp to three years in prison, and up to $10,000 in finesUp to three years in prison, and up to $10,000 in fines

Shoplifting — Proposition 47 / Penal Code § 459.5

Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.

In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since 2014, most shoplifting charges are misdemeanors. However, you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Whether you're up against a felony or misdemeanor charge, a local Palm Desert, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.

Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.

Shoplifting Possible Penalties:

  • Jail Sentence: Up to 6 months
  • Fines: Up to $1,000
  • Civil Demand: Retailers may send civil demand letters
  • Other: Probation, banned from store

Defensive strategies include: No intention to steal, mistake of fact, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.


Petty Theft with a Prior — California Penal Code § 666

Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Not every prior offense in Palm Desert, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.

If you're facing petty theft with a prior allegations, the Palm Desert, CA, district attorney 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. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.

Possible Penalties:

  • Charge Type: Wobbler
  • Misdemeanor Jail: Up to 1 year in county jail
  • Felony Prison: 16 months, 2 years, or 3 years
  • Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Fight in Palm Desert, CA

Whatever Palm Desert, CA, vehicle theft charge you're facing, we can help you fight it. An example that many people ask about 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 makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.

If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if the defendant did intend to return it, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, in Palm Desert, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Even just owning or holding onto the car or truck is enough for a conviction.

When you contact our law firm, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Contact us now to start 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 and joyriding have a close relationship in Palm Desert, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.

Possible Penalties:

  • Charge Type: Wobbler (usually felony in Palm Desert, CA)
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year
  • Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. If you deprive someone of their vehicle with any intentions, this law applies.

Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.


Joyriding — California Vehicle Code § 10851

Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. 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 Palm Desert, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Palm Desert, CA, joyriding cases are handled as misdemeanors. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.

JoyridingGrand Theft Auto
Key DistinctionReturn the vehicle afterwardsKeep the vehicle forever
Typical ChargeMisdemeanorFelony
Misdemeanor JailUp to 1 year—
Felony Prison—16 months, 2, or 3 years

Carjacking — California Penal Code § 215

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Palm Desert, 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 not eligible for probation in many circumstances.

The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.

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 that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The prosecution must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.

Possible Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year

White Collar Crime Charges We Defend in Palm Desert, CA

White collar crimes in Palm Desert, CA, can be any one of a variety of charges, but all of them have a common trait: abuse of an organization for personal gain.

Several 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 involve financial exchanges, though (at least at first glance). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing another person's personal information. You can face either of these charges without having taken money from the alleged victim.


Forgery, Identity Theft, Fraud & More

It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Palm Desert, CA, but you'd be wrong. The punishments can be dire — prison sentences, massive fines, professional license revocation, and permanent reputational damage. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.


White Collar Crimes — 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. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a professional for personal benefit. These cases are some of the most complicated in Palm Desert, CA, and normally require highly experienced representation to defend.

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. Pre-charge representation can sometimes prevent an indictment entirely.


Embezzlement — California Penal Code § 503

Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The key element is the pre-existing lawful 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; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a charity collector taking cash donations while leaving other types alone.

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, professional consequences

Money Laundering — California Penal Code § 186.10

Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It ordinarilly consists of three stages: placement (introducing dirty money into the financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).

California's money laundering statute specifically targets transactions 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, risking up to two decades of prison time.

Potential Penalties (State):

  • Prison: 16 months, 2 years, or 3 years
  • Fines: Up to $250,000 or twice the amount laundered
  • Federal Add-On: Up to 20 years federal prison

Bribery — California Penal Code § 67–68 / § 92

Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, a Palm Desert, CA, theft crimes lawyer is critical to protect you from the prosecution.

Who can face bribery charges? Whether you offered or accepted a bribe, you could face charges in Palm Desert, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.

Potential 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

Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers checks, receipts, stock certificates, deeds, power of attorney documents, court orders, prescriptions, lottery tickets, and many other types of written instruments.

Critical point: Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, combined with the act of creating or using the forged item, 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

You can face identity theft allegations in Palm Desert, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, goods, services, or medical information.

Important factor: You can be found guilty even if the alleged victim didn't lose any money. Just taking and using someone's information without a legal reason is enough to trigger criminal charges under state law. Because of this, you need to work with an expert theft crimes lawyer regardless of the details of your case.

Palm Desert, CA, identity theft allegations are very serious, and increasingly result in federal charges for more serious, widespread, or online cases.

Possible Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Per Victim: Charges can stack — one count per victim
  • Federal: Up to 15–30 years (aggravated cases)

Fraud Charges We Defend in Palm Desert, CA

Fraud is a frequent white collar crime charge in Palm Desert, CA, and can be divided into smaller categories of its own. Broadly speaking, someone who commits theft by acting dishonestly 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 one of the most common types of fraud. It involves lying on an insurance claim to increase their benefit. For example, if someone were to hide their valuable property and claim it was stollen, that person commits 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 notable variation 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.

Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.


Types of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Palm Desert, CA, for a wide variety of actions — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. These cases are often document-heavy and require a theft crimes lawyer who understands both the law and financial evidence.


Theft by False Pretenses / Fraud — California Penal Code § 532

Many "fraud" charges in Palm Desert fall under California's 'theft by false pretenses' law. This is when one person tricks another person through disonest means, 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: Selling a product that doesn't exist; pretending to be a tech support assistant; pitching investments based on false information; collecting donations for a nonexistent charity.

The charge level (misdemeanor vs. felony) depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.


Insurance Fraud — California Penal Code § 550

Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in Palm Desert, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will protect your rights and analyze all the evidence to help you find the best outcome possible

Typical examples include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.

Potential Penalties:

  • Felony Prison: 2, 3, or 5 years
  • Fines: Up to $150,000 or twice what was defrauded
  • Restitution: Full repayment to insurer
  • Additional: Loss of professional licenses

Credit Card Fraud — California Penal Code § 484e–484j

Credit card fraud charges in Palm Desert, CA, go beyond credit cards and involve the misuse of financial account access information. You could be accused of using someone else's card without approvel, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently acquiring or selling card account information.

Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when cards are used across state lines or online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.

Possible Penalties (State):

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year
  • Federal Prison: Up to 15 years (federal charges)

Welfare Fraud — California Welfare & Institutions Code § 10980

Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.

Common examples: 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 local Palm Desert, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.

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 Palm Desert, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To legally receiveMedicare hospice benefits, the recipient must have a projected lifespan of six months or less if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.

While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. And as if it weren't bad enough going up against the Palm Desert, CA, government, you're likely to face federal charges and accusations from federal investigators.

Warning: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Potential Penalties:

  • Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
  • Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
  • State Charges: Up to 5 years (CA Penal Code § 550)
  • Extra: Exclusion from Medicare/Medi-Cal programs; license revocation

Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Medicare fraud allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's Medicare program. In Palm Desert, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.

While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.

Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. 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 charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically targets situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. These are some of the most complicated cases to defend in Palm Desert, CA, as they often involve extensive medical records and expert testimony/analysis. Physicians, billing organizations, office workers, and clerks have all faced prosecution depending on their level of involvement.

Potential Penalties:

  • Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
  • If Death Results: Up to life imprisonment (federal)
  • State Felony: 2, 3, or 5 years (CA PC § 550)
  • Fines: Up to $250,000 (individual) or $500,000 (organization)
  • Additional: Restitution, professional license consequences

Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare benefits, a patient must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.

One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Home health fraud charges in Palm Desert, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.

Important: 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — 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 Palm Desert, CA

There is often a crossover between theft and violent crime charges in Palm Desert, CA. This can occur if you're charged with robbery. A person commits robbery when they take something directly from another person by force. This is in contrast to burglary, the alleged theft occurred away from the alleged victim. Carjacking can be compared to grand theft auto in the same way.

That said, sometimes what started out as a burglary can end up with violent crime charges. 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 is a unique form of 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 it can consist of any form of harm to the victim, including emotional or reputational. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.


Robbery, Extortion & Force-Related Theft

Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. You're almost guaranteed to be facing felony charges. It's essential to get a theft crimes lawyer in Palm Desert, CA to protect your freedom.


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. All robbery charges in California are felonies.

Your robbery charge in Palm Desert, 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.

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

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. 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 deny someone a rightful certification unless special favors are given.

Possible Penalties:

  • Charge Type: Felony
  • Prison: 2, 3, or 4 years
  • Fines: Up to $10,000

Burglary Charges We Defend in Palm Desert, CA

Burglary is often charged along with theft in Palm Desert, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. In most cases, this is a structure, like a storefront (which would make it commercial burglary), but not always. For example, if you allegedly broke a car window to take something from the glovebox, that would fall under 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. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. 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. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Palm Desert, CA (except in extreme cases).

Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to 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 Palm Desert, CA, heightening your need for an experienced theft crimes lawyer to defend you.

Finally, there is a theft charge you can be accused of in Palm Desert, CA, even if you didn't steal something. How does this happen? 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 Palm Desert, CA law works — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.


Residential Burglary (First Degree) — California Penal Code § 459

In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place for the purpose of committing 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 will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Palm Desert, 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: 2, 4, or 6 years in state prison
  • Three Strikes: Yes — serious felony strike
  • Probation: Generally not an option for first-degree
  • Fines: Up to $10,000

Commercial Burglary (Second Degree) — California Penal Code § 459

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.

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

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. 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.

Key distinction: The vehicle must be locked for a burglary charge to apply. This would still likely be prosecuted as theft, 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. Palm Desert, 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 defense attorneys that can give you top-quality service, 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 not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. You need a Palm Desert, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.


Receiving Stolen Property — California Penal Code § 496

While theft-related, receiving stolen property cases are their own challenge. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.

Possible Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year

Vandalism — California Penal Code § 594

Vandalism charges are about more than just graffiti; if Palm Desert, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).

While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.

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
  • Additional: 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.

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

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: 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

These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.


Grand Theft of a Firearm — California Penal Code § 487(d)(2)

Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. This means the theft of even a nearly worthless firearm will end up with a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.

As if fighting the charges in your local Palm Desert, CA court weren't bad enough, you could also find yourself up against federal charges. The potential dual nature of these charges multiplies the complexity. And it's even more critical to work with an attorney with the skills to fight for you at all levels.

Possible Penalties:

  • Prison: 16 months, 2 years, or 3 years
  • Strike: Serious felony — potential strike offense
  • Federal: Additional federal charges possible

Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30

Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. 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 Palm Desert, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement only makes things more complex.

Examples: Caregiver overcharging for services; family member exerting undue influence over an elder's finances; fake contractor promises work but never completes it; phising emails that impersonate loved ones.

Possible Penalties:

  • Base Sentence: Same as underlying theft offense
  • Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
  • Enhancement (70+): Additional consecutive years for large losses
  • Civil Liability: Up to 3× damages in civil court

Looting — California Penal Code § 463

Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.

If the enhanced penalties weren't enough on their own, the Palm Desert, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.

Potential Penalties (Enhanced):

  • Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
  • Commercial Burglary → Looting: Felony — 16 months to 3 years
  • Residential Burglary → Looting: Felony — 2 to 6 years
  • Bail: Often denied or set very high during emergency periods

Attempted Theft, Attempted Burglary & Attempted Robbery

Even if the supposed burglary or robbery failed, attempted theft charges will still apply. An attempt requires: (1) a mental state of deliberate criminal activity, and (2) a direct, unequivocal act toward committing it — even if the attempt failed or was interrupted.

The general rule is that attempted crimes are punished at half the sentence of the completed offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.

Attempted burglary and attempted robbery are still strike offenses in California. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.


Regardless of what charge you're facing, when you contact us, you can talk to an expert theft crimes lawyer in Palm Desert, CA, who will listen to your side of the story and build a defense around that. As a team, we will defend your rights and your freedom.

What to Do if You're 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. Without help, the odds can seem insurmountable.

But you're not alone. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. With one of our Palm Desert, 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. Refusing to comply can only make things worse.

2. Remain Calm and Don't Talk

It's common for police to interview you after an arrest – don't talk. Simply say "I decline to answer any questions and am invoking my right to an attorney." Your answers can later be used as evidence in the case, and if anything you say is untruthful, you can be charged with perjury.

3. Reach Out to a Palm Desert, CA, Theft Crimes Defense Attorney Right Away

In California, people who have been arrested are given three phone calls. One of these should be to your theft crimes lawyer. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

In most cases, you'll need to go through a bail hearing. Our theft crimes defense attorneys will argue against the prosecution for your release. Your rights and freedom matter, no matter what you've been accused of.

5. Work With Your Lawyer to Build Your Defense

Finally, you work with your attorney to craft a strong defense. An accomplished theft crimes lawyer in Palm Desert, CA, will hear your side of the story, negotiate for deals with the prosecution, and fight for a dismissal whenever possible.


How Our Theft Lawyers Fight Against These Charges

Your case is unique — and your defense strategy needs to be tailored to the specific details, evidence, and allegations. If you're up against theft allegations in Palm Desert, 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. In Palm Desert, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. 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. Additional intent-based defenses consist of: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).

Key point: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving property disputes, family conflicts, and many civil debt situations.

Using This Defense:

  • Grand Theft: Negates specific intent to permanently deprive
  • Embezzlement: Challenges the fraudulent conversion element
  • Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
  • Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

The state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In theft and burglary cases, the Palm Desert, CA, police department will gather evidence through searches. If the investigators violated constitutional requirements, the evidence can be suppressed and the state may need to drop charges.

Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches 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 scope of a legal warrant. In Palm Desert, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — if the court allows some evidence but not all of it — can substantially change the outcome. Suppression motions are fully litigated in Palm Desert, 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: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Palm Desert, CA. False accusations can arise from personal disagreements, misidentification by witnesses, mistaken assumptions about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — aggressive and immediate defense is essential from the moment of accusation.

One of the ways that innocent people are commonly accused in Palm Desert, 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 — most notably across racial lines, in scenarios of poor visibility, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Palm Desert, CA, court.

Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; showing issues with how eyewitness identifications were obtained; exposing bias or motive on the part the person making the allegations; presenting expert testimony on the issues with eyewitness testimony; and highlighting inconsistencies between different statements and testimony between witnesses.

If you are innocent: Do not confront witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without an attorney present. You might make a mistake, or the police might misinterpret something you say. 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 — If you merely were holding property that turned out to be stolen, the prosecution must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.

Consent / Permission — Consent regarding your use of the property is a strong defense in Palm Desert, CA, theft cases. It's not illegal to use someone else's property if you had permission.

Rights Violations — We won't presume that all the evidence collected for your case is legitimate — we'll review everything and look for opportunities to have the evidence against you removed.

Diversion Programs — Especially for offenders with no prior offenses, California offers diversion programs that can protect you from a conviction. If you are eligible, we will explore it as an option to protect your freedom.

Contesting the Value of Property — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. We'll show the true value of the property and argue for lesser charges.


Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4

A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have spent time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.

Here are some of the advantages of getting your theft conviction expunged: Of note, you won't have to note any convictions on private job applications. That said, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Palm Desert, CA who don't break any other laws after finishing their sentence, if enough time has passed.

Critical Note: 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. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.

Relief Options:

  • PC § 1203.4: Charges dismissed after successful probation completion
  • PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
  • PC § 851.91: Arrest record sealing where no conviction resulted
  • SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
  • Limitations: Still restricted from owning guns, and the police can still review these records

  • Frequently Asked Questions About Theft Charges in Palm Desert, CA

    What's the difference between petty theft and grand theft in Palm Desert, California?

    What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Petty theft misdemeanors are typical for anything $950 and below. Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Both require an attorney, but grand theft charges demand urgent and aggressive representation.

    Is it possible to expunge a theft conviction in California?

    In many cases, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of 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 Palm Desert, 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 make a major difference and help you with avoiding a conviction and protecting your record.

    I didn't know the property was stolen. Can I still be convicted?

    In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely weren't aware and had no reasonable basis to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like an unusually low price or lack of receipts can lessen the strength of your defense, which is why an attorney is essential.

    How serious is a grand theft auto charge in Palm Desert, CA?

    Very serious. In Palm Desert, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have any prior convictions, you are at risk of harsher penalties. Call us right away at (800) 755-5174.

    What is a "wobbler" offense in California?

    The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. 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?

    It depends, but it is not always the case. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. Even felony charges often have options short of state prison. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Contact our firm 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 or not you committed theft is irrelevant — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and how it's presented — is central to burglary defense.


    Looking for a Palm Desert, CA, Theft Lawyer? Call Our Firm Now.

    Every theft allegation is a big deal. The Law Offices of David S. Chesley is ready to defend you — whenver you need help. Contact us now for a free, confidential case review.

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  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
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