Theft Lawyer Santa Ana, CA. Accusations. Arrests. Criminal charges. It's easy to feel lost when you're up against theft charges. It can seem like there's no way out.
Even when it feels like there is no hope, you have a path forward: The Law Offices of David S. Chesley. Our attorneys have extensive experience defending clients against all manner of theft crime charges. With a Santa Ana, CA, theft crimes lawyer from our team building your defense, you can rest assured that you're getting expert legal representation.
Talk to a theft crimes attorney right away at (800) 755-5174 or send us a message about your case 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 Santa Ana, CA, Theft Defense Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. On your own, you're stuck trying to decipher a complex legal code and increase your risk of the following penalties:
- Jail Sentence: Most theft charges in Santa Ana, CA, carry a potential jail sentence of six months or more.
- Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Santa Ana, CA, theft crimes lawyer. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:
Why You Should Hire Our Santa Ana, CA Theft Defense Lawyers
Picking the right Santa Ana, CA theft crimes defense lawyer can make all the difference for your case. Here's what set us apart — and how it will impact your case:
- A Team Of Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. We use that inside knowledge to dismantle the prosecution's strategy.
- Extensive Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Santa Ana, CA prosecutors and judges, which we will use when securing plea deals.
- 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 — We don't leave you behind after the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – well-respected amongst both clients and peers.
- Ready for Your Call Right Away — Our team is available whenever you need us most. 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.
- Fully Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.
Theft Charges We Defend in Santa Ana, CA
Click any charge below to jump directly to a full breakdown of the law, consequences, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Major Santa Ana, CA, Theft Crimes We Defend Against
Our attorneys know how to fight theft crime cases. if you require a theft crimes lawyer in Santa Ana, CA, don't hesitate: contact us right away for a no obligation review of your case.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in Santa Ana, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property without permission. The distinguishing factor is the amount that was supposedly taken: For values $950 and under, the classification will generally be petty theft, while any more will generally be grand theft.
Fighting petty theft allegations often lead to more positive outcomes, in part because they are often misdemeanors. However, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Regardless of what you're up against, 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:
| Alleged Crime | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Since 2014, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Regardless of what level of charge you're facing, a local Santa Ana, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
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
Defense options are: No intention to steal, wrong identity, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. Santa Ana, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.
If you're facing petty theft with a prior allegations, the prosecution must establish: (1) the accused is guilty of petty theft; and (2) the accused has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. 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
- Applicable Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Santa Ana, CA
There are several vehicle theft charges we defend in Santa Ana, CA. An example that many people ask about is grand theft auto, but that's actually not a unique charge. Grand theft auto comes from a section 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. If the defendant did intend to return it, they're probably going to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, joyriding charges are almost always better to face in Santa Ana, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Just like receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or holding onto the car or truck is enough for a conviction.
When you contact our law firm, you'll work with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Reach out now to start defending your rights.
Grand Theft Auto — California Penal Code § 487(d)(1)
Grand theft auto is not a standalone California crime — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. 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 Santa Ana, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. It covers situations where the alleged offender both did and didn't intend to return the vehicle. If you deprive someone of their vehicle with any intentions, this law applies.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
Joyriding — California Vehicle Code § 10851
Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. 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 Santa Ana, CA. That said, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Intent to return | Intent to keep permanently |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because this action involves violence, carjacking is always a felony and is often ineligible for probation.
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
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have or are storing a car that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The state must prove were aware that the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
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 Santa Ana, CA
White collar crimes in Santa Ana, CA, can look very different from each other, but each of them share a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
Most white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.
Not all white-collar crimes are transactional in nature, though (at least at first glance). Forgery can be as simple as signing another person's signature without permission, and identity theft is the taking of another person's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Identity Theft, Fraud & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — incarceration, financial penalties, major career setbacks, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a professional for personal benefit. These cases are some of the most complicated in Santa Ana, 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. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It ordinarilly involves three stages: placement (adding the dirty money into the legitimate financial system), layering (disguising the trail through complex transactions), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).
California's money laundering law specifically targets transactions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. You could also face federal money laundering charges under 18 U.S.C. § 1956, which tends to have much harsher penalties.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever form of bribery you've been accused of, a Santa Ana, CA, theft crimes lawyer is essential to advise you on how to address these charges.
Important: Whether you offered or accepted a bribe, you could face charges in Santa Ana, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Santa Ana, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California Penal Code § 470 is broad and covers checks, receipts, stock certificates, vehicle titles, wills, court orders, notary public symbols, identification documents, and many other types of written instruments.
What if I didn't use the forged document? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, in addition to the act of creating or using the fake document, is sufficient to be convicted.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Santa Ana, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, 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 obtaining and using another individual's information without a legal reason is enough to violate California statute § 530.5. Because of this, you need to work with an expert theft crimes lawyer regardless of the details of your situation.
Santa Ana, CA, identity theft allegations are very serious, and often result in federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Santa Ana, CA
Fraud encompasses a variety of specific theft types in Santa Ana, CA. Generally speaking, a person who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.
Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout commits insurance fraud.
A similar fraud charge is welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another common 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
There are many types of fraud allegations in Santa Ana, CA — 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
Many "fraud" charges in Santa Ana fall under California's 'theft by false pretenses' law. This is when one person lies to someone else, who then freely gives up something of value based on the false information. 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; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.
Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.
Insurance Fraud — California Penal Code § 550
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 Santa Ana, CA, it's possible that you'll go to prison for several years if convicted. An expert theft crimes lawyer will defend your freedom and explore all avenues to help you find the best outcome possible
Typical forms include: Claiming existing auto damage is newly occuring; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; double billing for a health service.
Potential Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or twice what was defrauded
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
In Santa Ana, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. This includes using someone else's card without authorization, using a fake card or one acquired by theft, using an account number without physical possession of the card, or illegally acquiring or selling card account information.
What to know about federal charges: It's common in California credit card fraud cases for there to also be federal charges, particularly when accounts are used across state lines or online. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Charges of welfare fraud in Santa Ana, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Failing to report income; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. A premier Santa Ana, CA, theft crimes lawyer can dissect the prosecution's case and find you alternative paths forward.
Potential Penalties:
- Under $950 (typically): 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 Santa Ana, 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 person being treated must have a terminal prognosis of six months or less to live if nothing drastic changes in their health condition — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
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 Santa Ana, 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. Providers are often unaware that an investigation is underway until a search warrant is executed.
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 charges have particularly far-reaching consequences. 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 Santa Ana, CA theft lawyer who has your back.
Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. 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: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. 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: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Without an expert Santa Ana, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Doctors, billing organizations, office workers, and clerical staff have all found themselves accused of health care fraud in the past.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, 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 — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare benefits, the person receiving care must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.
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 Santa Ana, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Critical Note: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. 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.
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 Santa Ana, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Santa Ana, CA. This can occur if you're charged with robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking can be compared to grand theft auto in the same way.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. Immediate Santa Ana, CA, legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Being convicted of robbery will likely result in a prison sentence as well as a strike.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
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
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to post compromising photos of someone online if they leave; threatening to deny someone a rightful certification unless special favors are given.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Santa Ana, CA
Burglary technically isn't always a theft crime, but it is closely related. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. This is commonly a structure, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Because of this, these cases can often hinge on if you were allowed to be in the location or not.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. These changes had an immediate impact, even for people who had already been convicted. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to burglarize someone's home. It's common to face burglary and vandalism charges together in Santa Ana, CA, doubling the importance of working with an expert theft crimes lawyer to fight for your freedom.
Lastly, you can face theft charges in Santa Ana, CA, even if you didn't steal anything yourself. 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
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 while planning to commit a theft or any felony inside. Nothing actually needs to be stolen. The intent at the moment of entry is what matters.
Residential burglary is always a felony and will add a strike to your record upon a conviction. This is one of the most serious theft-adjacent charges in California law, and Santa Ana, 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 available for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. You could face either misdemeanor or felony charges for this offense.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
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
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. Unlike residential burglary, vehicle burglary is a wobbler.
Key distinction: Stealing from an unlocked vehicle does not qualify for a burglary charge. 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
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. Santa Ana, 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.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.
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 & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Your Santa Ana, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. 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.
Receiving stolen property charges can fall apart if you can prove you weren't 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 knowing their full history, or from unknown sellers, does not automatically mean you had knowledge of theft.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Other Common Penalties: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing involves entering or remaining on another person's property without permission. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
Without compounding charges, trespassing is most often charged as a misdemeanor or infraction. However, Santa Ana, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: 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.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Due to this stealing even a nearly worthless firearm results in a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
Federal firearms theft charges may also apply. 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 important 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
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.
The prosecution in Santa Ana, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.
Examples: Caregiver taking money from a client's account; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; fraudulent investment schemes targeting retirees.
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 Santa Ana, 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
Trying to steal something and failing is still a crime in Santa Ana, CA. An attempt requires: (1) the desire to break the law, and (2) a tangible step is taken towards breaking the law — even if the attempt failed or was interrupted.
The general rule is that attempted crimes are punished at half the sentence of the completed offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
Regardless of what charge you're facing, when you reach out to our firm, you can speak with an expert theft crimes lawyer in Santa Ana, CA, who will listen to your side of the story and build a defense around that. Together, we will craft a staunch defense against the allegations.
Facing Theft Allegations? These Are Your Next Steps
Theft allegations are just the tip of the iceberg. The Santa Ana, CA, government is after you, you could be facing major legal consequences, and a conviction could derail your life. Trying to handle it yourself, it can seem impossible.
But you have an ally. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. When you work with us, you will get a Santa Ana, CA, theft crimes lawyer who will listen to your story and advocate for your rights. If you're up against theft crime accusations, here are our recommendations:
1. Comply With the Police
While it's reasonable to feel angry about being arrested, don't resist. Be polite and respectful during the process. Resisting can only make things worse.
2. Remain Calm and Don't Talk
There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be accused of perjury.
3. Call a Santa Ana, CA, Theft Crimes Defense Attorney ASAP
In California, people who have been arrested are given three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. Acting fast is important to protect your freedom. 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 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. Cooperate With Your Attorney to Create a Defense Strategy
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in Santa Ana, CA, will listen to your story, negotiate for deals with the prosecution, and fight for a dismissal wherever possible.
Theft Lawyer Defensive Strategies
Every theft case is different — and every defense strategy must be tailored to the specific details, proof, and charges. If you're up against theft allegations in Santa Ana, 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. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses include: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key point: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. It is often the strongest available defense, especially in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Defense Application:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
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 theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If searches didn't follow the rules, the evidence can be thrown out and the state may need to drop charges.
Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that go beyond the scope of a legally obtained warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
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 Santa Ana, CA, courts, and are a standard component of aggressive defense in all property crime 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, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out
False Accusation / Misidentification
Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Santa Ana, CA. False accusations can stem from personal arguments, misidentification by witnesses, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — without a strong defensive strategy, you're gambling with your freedom.
One of the ways that innocent people are commonly accused in Santa Ana, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, under poor lighting conditions, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: 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 alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different witnesses' versions of events.
If you have been falsely accused: Stay away from witnesses, do not try to collect evidence yourself, and do not talk to the police without your theft defense lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Contact defense counsel immediately and say nothing.
Lack of Knowledge — If you merely were holding property that turned out to be stolen, the prosecution must prove you were aware that the property was obtained through theft. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Theft requires that property be taken without the owner's consent. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.
Rights Violations — 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.
Diversion Programs — Especially for first-time offenders, California offers diversion programs that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.
Contesting the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: 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 — as a more recent restriction — in many cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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.
When you work with a theft lawyer to clear your record, you can look forward to the following perks: In particular, job applications become a lot easier, as you won't have to mention your conviction. 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) 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, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. 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 (available 1 year after the 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: Still restricted from owning guns, and the police can still review these records
Santa Ana, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in Santa Ana, California?
The primary distinction is the value of the property allegedly taken. Petty theft misdemeanors are typical for anything $950 and below. Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Does California allow me to expunge my record from a theft crime?
Frequently, yes. For probation sentences, expungement is often offered conditionally upon your completion. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Our firm offers full expungement services.
What happens if I'm charged with shoplifting for the first time in Santa Ana, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. An attorney can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you genuinely didn't know and had no reasonable basis to suspect it, you can build the foundation of your defense upon that fact. 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 erode your case, which is why an attorney is essential.
How serious is a grand theft auto charge in Santa Ana, CA?
Very serious. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have a criminal record, you may also face enhanced sentencing. Call us immediately at (800) 755-5174.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
It depends, but it is not always the case. Santa Ana, 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. Contact 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, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. 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 challenging how it's proven — is central to burglary defense.
Fighting Theft Allegations in Santa Ana, CA? Contact Our Team to Protect Your Rights.
There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is equipped to defend you — whenver you need help. Your first consultation is completely free and confidential.
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