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Theft Lawyer San Diego, CA. Accusations. Arrests. Criminal charges. You might even be facing multiple theft charges at once. Without help, it's easy to find yourself in a spot where you feel hopeless.

Even when you're at your lowest point, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our team of legal experts has what it takes to guard your freedom against the prosecution. With a San Diego, CA, theft crimes lawyer from our team protecting your rights, you're going to get honest advice on how to get the best outcome possible.

Talk to a theft crimes attorney now at (800) 755-5174 or use our contact form for a private review of your case at no cost. Waiting too long to reach out can cost you everything.

The Importance of a Theft Lawyer in San Diego, CA

Theft crime accusations are always a big deal, no matter what the specifics are. On your own, you're stuck trying to decipher a intricate legal code and potentially set yourself up for the below consequences:

1. Prison Sentence: Jail time is a common consequence for theft in San Diego, CA.
2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
3. Career Setbacks: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
4. Reputational Damage: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
5. And more.

A San Diego, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley . Here's some of what sets us apart:

Why You Should Hire Our San Diego, CA Theft Defense Lawyers

Working with our expert San Diego, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and how it will impact your case:

• A Team Of Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
• Longstanding Court Relationships — With 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.
• Defenses Built for Trial — 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.
• Expungement Services — Even after the fact, we're still here to help. You deserve to move forward with your life, and we can help you do it.
• Excellent Reputation – We are well-known for our tenacious representation.
• Always Availalbe — Our team is available whenever you need us most. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
• Entirely 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.

Theft Charges We Defend in San Diego, CA

Click any charge below to navigate directly to a full breakdown of the law, consequences, and how we defend it.

Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes

San Diego, CA, Theft Allegations We Defend Against

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. When you need a theft crimes lawyer in San Diego, CA, don't wait: contact us right away for a free, confidential consultation.

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

Petty Theft Charges vs Grand Theft Charges

In San Diego, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. You can face these charges for taking someone's possessions without permission. The main difference is how much value was allegedly stolen: For anything $950 or less, the charges will generally be petty theft, while higher values will ordinarily be grand theft.

Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, fighting grand theft charges is usually more challenging because it is more frequently charged as a felony. Whichever type of charge you're facing, the right theft crimes lawyer will improve your chances of reaching a positive outcome.

Below, we've written a table to summarize the differences between petty theft and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, the majority of shoplifting cases are misdemeanors. That said, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local San Diego, CA theft crimes lawyer can help protect you from the worst 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 Potential Penalties:

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

Potential defenses 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 charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. San Diego, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.

To charge PC § 666, the San Diego, CA, district attorney must establish: (1) the suspect committed petty theft; and (2) the accused has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.

Potential Penalties:

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

Vehicle Theft Charges We Fight in San Diego, CA

Whatever San Diego, 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 actually not its own charge. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.

If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If they were only doing to drive it briefly and then bring it back, they're probably going to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in San Diego, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.

You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Just like receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the car or truck can result in these charges.

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. Reach out now to start building your defense.

Grand Theft Auto — California Penal Code § 487(d)(1)

Grand theft auto is not a standalone California crime — all automobile thefts fall under the umbrella of "grand theft" in the state. This means even stealing a beater worth $200 can result in a grand theft auto charge.

The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).

Potential Penalties:

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

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. This law is relevant any time someone allegedly drives a vehicle without permission.

This charge is popular in San Diego, CA, courts as either a plea deal or as its own charge.

Joyriding — California Vehicle Code § 10851

Joyriding refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.

It's typical for joyriding to be treated as a misdemeanor in San Diego, CA. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.

Carjacking — California Penal Code § 215

Carjacking is one of the most serious vehicle-related charges in California. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and is not eligible for probation in many circumstances.

A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.

Possible Penalties:

• Prison: 3, 5, or 9 years in state prison
• Enhancements: Additional years for weapon use or injury
• Three Strikes: Yes — counts as a strike offense
• Fines: Up to $10,000

Possession of a Stolen Vehicle — California Penal Code § 496d

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have a automobile when you knew or should have know it 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 — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.

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 San Diego, CA

White collar crimes in San Diego, CA, can look very different from each other, but all of them have one thing in common: abuse of an organization for personal gain.

Many white collar crimes center around taking or hiding money in some way. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. 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 not directly). Forgery can be as simple as signing another person's signature without permission, and identity theft is the taking of someone's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.

Embezzlement, Money Laundering, Bribery & More

White collar crimes carry severe consequences even without physical violence — incarceration, financial penalties, 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 — Overview

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 gain. San Diego, 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. Call us now if you have any reason to believe the police are looking into you. The sooner you bring in your legal defense, the better chance you have of a positive outcome.

Embezzlement — California Penal Code § 503

Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The key element is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.

Frequent embezzlement scenarios: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a non-profit director misusing donated funds.

Potential Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• High Amounts: Enhanced sentences up to 10+ years
• Additional: 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 is made up of three stages: placement (introducing dirty money into the financial system), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).

California's money laundering statute aims at transactions over $5,000 when the alleged offender was aware that the money was dirty. You could also face federal money laundering charges under 18 U.S.C. § 1956, carrying sentences up to 20 years.

Possible Penalties (State):

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

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

Bribery involves offering, giving, receiving, or soliciting something of value in order to affect the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — elected officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a San Diego, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.

Important: Both the person offering the bribe and the person accepting it could face charges in San Diego, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent ineligibility for office
• Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

You can be charged with forgery in San Diego, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. State law is broad and covers checks, money orders, contracts, deeds, wills, court orders, prescriptions, identification documents, and many other types of written instruments.

Critical point: You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the creation or use of the forged document, is sufficient for a conviction.

Possible Penalties:

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

Identity Theft — California Penal Code § 530.5

You can face identity theft allegations in San Diego, CA if you use someone else's personal information without permission for any unlawful purpose, including obtaining credit, property, services, or medical information.

What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Just taking and using another individual's information without a legal reason is enough to warrant a crime under state law. Because of this, you need to work with an expert theft crimes lawyer regardless of the specifics of your situation.

Identity theft accusations are aggressively prosecuted in San Diego, CA, and increasingly involve federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.

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 San Diego, CA

Fraud encompasses a variety of specific theft types in San Diego, CA. Generally speaking, a person who commits theft by misrepresenting themselves or a situation in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is a basic type of this crime.

Insurance fraud is a popular type of fraud in San Diego, CA, wherein someone lies to an insurance company to collect more money than they are supposed to. For example, if someone were to hide their valuable property and claim it was stollen, that person commits insurance fraud.

This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another popular variation is credit card fraud. This 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. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.

When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading San Diego, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.

Different Kinds of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in San Diego, CA, for a wide variety of actions — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.

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

Theft by false pretenses — the foundational fraud offense — occurs when a person intentionally deceives another through false statements or misrepresentations, leading to the second person willingly giving away goods or services. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.

Common examples: Lying about being a contest winner; misrepresenting credentials to get paid for work; pitching investments based on false information; lying about the condition of goods sold.

The charge level (misdemeanor vs. felony) 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

You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. If you're facing insurance fraud charges in San Diego, 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 consider multiple defenses to help you find the best outcome possible

Common forms include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; fabricating injuries; health insurance billing fraud.

Possible Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or twice what was defrauded
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: Loss of professional licenses

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

Credit card fraud charges in San Diego, 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 permission, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or illegally acquiring or selling card account information.

Regarding federal charges: You are likely to face both federal and state charges, particularly when accounts are used across state lines or the internet is involved. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.

Potential Penalties (State):

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

Welfare Fraud — California Welfare & Institutions Code § 10980

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

Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; pretending that a child is still a dependent when they are not; not reporting new circumstances that would end benefits eligibility.

Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A local San Diego, CA, theft crimes lawyer can push back against 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: Lose your right to receive benefits in the future

Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Hospice fraud accusations in San Diego, 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, a patient must be predicted to pass away within half a year if nothing drastic changes in their health condition — a threshold that fraudulent providers routinely falsify.

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 San Diego, 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. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Potential Penalties:

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

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

Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert San Diego, CA theft lawyer who has your back.

Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.

Important: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Providers and referrers are both at risk of prosecution under these circumstances.

Potential Penalties:

• Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus civil monetary penalties per claim
• Additional: Loss of eligibility for all federal health care programs

Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Health care fraud charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law 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. These are some of the most complicated cases to defend in San Diego, CA, as they often involve extensive medical records and expert testimony/analysis. Physicians, billing organizations, office workers, and support staff have all found themselves accused of health care fraud in the past.

Potential Penalties:

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

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

Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare benefits, a patient 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 San Diego, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Critical Note: The United States' Stark Law makes it a crime for a doctor to refer a medicare patient to a home health company, if the doctor makes money from that company. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.

Possible Penalties:

• Federal Prison: Up to 10 years per count
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus penalties per false claim
• Administrative: Exclusion from Medicare/Medi-Cal; agency decertification

Violent Theft Charges We Fight in San Diego, CA

Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in San Diego, 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, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.

However, some thefts which did not start out violent can end up involving violence. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The alleged offender doesn't necessarily need to threaten physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. 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

If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. You're almost guaranteed to be facing felony charges. Immediate San Diego, 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. All robbery charges in California are felonies.

California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.

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

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 post compromising photos of someone online if they leave; threatening to harm someone's reputation unless granted a professional favor.

Potential Penalties:

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

Burglary Charges We Fight in San Diego, CA

Burglary technically isn't always a theft crime, but it is closely related. California defines burglary as entering a location without permission in order to steal something or break a different law. Ordinarily, this is a building, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, 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. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. These changes had an immediate impact, even for people who had already been convicted. Today, shoplifting is no longer a subset of burglary offenses in San Diego, CA, and faces more lenient penalties if convicted.

Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to burglarize someone's home. It's common to face burglary and vandalism charges together in San Diego, CA, making it all the more important to get a top quality theft crimes lawyer to fight for your freedom.

Finally, even if you don't commit a theft, you can face related charges in San Diego, CA. How does this happen? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.

Burglary, Home Invasion & Related Charges

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

The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence with the intent to commit a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is what matters.

This charge is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and San Diego, 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 Term: 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. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.

Your theft crimes lawyer in San Diego, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.

Potential Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. This charge commonly arises when someone smashes a car window to take items left inside. 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. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are facing home invasion charges, you need a law firm with a track record of success, and you need them immediately.

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. Understanding how they interact is critical to building an effective defense.

Receiving Stolen Property — California Penal Code § 496

While theft-related, receiving stolen property cases are their own challenge. California law makes it illegal to hide, purchase, sell, or otherwise possess stolen property, regardless of whether or not you're the one who stole it.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.

Potential Penalties:

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

Vandalism — California Penal Code § 594

Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in San Diego, CA.

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
• 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. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.

Without compounding charges, trespassing is usually charged as a misdemeanor or infraction. However, San Diego, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.

Perjury — California Penal Code § 118

Perjury 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: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.

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

California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. 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.

As if fighting the charges in your local San Diego, CA court weren't bad enough, you could also find yourself up against federal charges. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more critical to have an attorney who is able to protect you from even the toughest opponents.

Potential Penalties:

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

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

Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.

The prosecution in San Diego, CA, does not take these charges lightly and usually pursues harsh penalties. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement can complicate cases further.

Examples: Caregiver overcharging for services; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; impostor pretends to be a law enforcement official.

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

Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.

If the enhanced penalties weren't enough on their own, the San Diego, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. These acts are viewed as particularly heinous, and penalties can be severe. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. Attempted theft, burglary, or robbery in California needs to include: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — whatever the outcome was.

Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So 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.

For any of the charges above, or more, when you call the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in San Diego, CA, who has the training and experience needed to find a path forward. As a team, we will fight for the best outcomes possible in your case.

Steps to Take When Accused of Theft

Being charged with theft can be intimidating. You're up against the San Diego, CA, prosecutor's office, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. When you're alone, it can seem impossible.

But you have another option. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a San Diego, CA, theft crimes lawyer who will listen to your story and advocate for your rights. Here are the steps we recommend taking:

1. Do Not Resist Arrest

While it's reasonable to feel angry about being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Resisting can only make things worse.

2. Stay Calm and Stay Silent

You may be questioned by the police – stay silent. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and you say something untruthful, you can be charged with perjury.

3. Call a San Diego, CA, Theft Crimes Defense Attorney Right Away

In California, after you are processed for arrest, you get 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. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. 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 accomplished theft crimes lawyer in San Diego, CA, will take the time to listen to you, negotiate for deals with the prosecution, and fight for a dismissal whenever possible.

Powerful Defense Strategies for Theft Charges

As expert theft crime attorneys, we know that each case's defense strategy needs to be oriented to the specific facts, proof, and allegations. If you're up against theft allegations in San Diego, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.

Lack of Intent / Claim of Right Defense in Theft Cases

Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.

The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If 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. More related defenses include: mistake of fact (the defendant took something that they thought was theirs); 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 principle: This is a major hurdle for the prosecution in any theft case. This isn't merely a backup plan. It is often the strongest available defense, especially in cases involving family disagreements, where sometimes people can forget about who the formal owner of a piece of property is and unintentionally misuse it.

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: 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

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities didn't follow the rules, the evidence can be thrown out and the prosecution may need to drop charges.

Common suppression issues in theft and property crime cases include: warrantless searches of vehicles, homes, or persons without valid legal justification; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause resulting in 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. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.

When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in San Diego, CA, courts, and frequently come up in theft cases.

Suppression Scenarios:

• Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
• 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

The San Diego, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can arise from personal disagreements, misidentification by witnesses, misunderstandings about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — you need a San Diego, CA, theft crimes lawyer to protect your freedom.

False accusations in San Diego, CA, often aren't the result of malice, but of a witness making an error. 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 the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.

Defense strategies in false accusation cases include: 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 issues with eyewitness testimony; and challenging inconsistencies between witness statements made at different points in time.

If you are facing false allegations: Do not confront witnesses, do not try to build your defense on your own, and do not talk to the police without an attorney present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — In some cases, the prosecution must prove you were aware that the property was stolen. 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 San Diego, 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.

Constitutional Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.

Sentencing Alternatives — Particularly for offenders with no prior offenses, California offers sentencing alternatives that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.

Challenging the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We'll show the true value of the property and argue for lesser charges.

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

California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully done all that was asked of you as a part of probation, 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 SB 731 and related reforms have expanded relief options for some state prison cases).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

When you work with a theft lawyer to clear your record, you can look forward to the following perks: In particular, an expunged conviction generally does not need to be disclosed on private employment applications under state law. However, there are still some restrictions in the expungement process — 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) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, to be able to legally own a gun again, 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: Dismissal after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
• PC § 851.91: Seal records of arrests which did not end in a conviction
• SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
• Limitations: Does not restore firearm rights or remove record from law enforcement databases

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San Diego, CA, Theft Crimes Frequently Asked Questions

What's the difference between petty theft and grand theft in San Diego, 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.

Does California allow me to expunge my record from a theft crime?


In many cases, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. If you want to leave the past behind and move on with your life, this can be a major step forward. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.

What happens if I'm charged with shoplifting for the first time in San Diego, CA?


While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. An attorney can make a major difference and help you with avoiding a conviction and keeping your record clean.

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


In many cases, being unaware of stolen property's origins can make for a strong defense. If you sincerely weren't aware and had no reasonable basis to suspect it, that is a strong defense. We often use this as a way to protect our clients from accusations. However, 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 San Diego, CA?


Extremely. In San Diego, 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 may also face enhanced sentencing. Call one of our attorneys immediately if you're facing this charge.

What is a "wobbler" offense in California?


The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.

Will I go to jail for a theft charge?


You can avoid jail in many cases, actually. San Diego, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. While felony charges can be harder to avoid prison for, it is still possible in some cases. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call our firm to review what options are available to you.

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 is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. Because of this, intent evidence — and arguments surrounding it — is central to burglary defense.

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Accused of Theft in San Diego, CA? Contact Our Team to Protect Your Rights.

Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. The Law Offices of David S. Chesley is prepared to defend you — no matter when you need us. Contact us now for a free, confidential case review.

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