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Theft Lawyer Santa Barbara, CA. There are few things tougher than facing the Santa Barbara prosecutor alone. If you're facing theft allegations, the system can move against you extremely fast. On your own, it can feel impossible to win.

Even when you're up against the toughest battle of your life, there is an option who will fight for you: The Law Offices of David S. Chesley. Our legal team has extensive experience defending clients against all manner of theft crime charges. With a Santa Barbara, CA, theft crimes lawyer from our team on your case, every legal avenue will be explored to protect your rights.

Discuss your case with a theft crimes attorney now at (800) 755-5174 or send us a note online for a private review of your case at no cost. Waiting too long to reach out can cost you everything.

Why You Need a Leading Santa Barbara, 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 navigate a convoluted legal system and potentially set yourself up for the below consequences:

1. Prison Sentence: Most theft charges in Santa Barbara, CA, carry a potential jail sentence of six months or more.
2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
3. Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
4. Reputational Damage: You can face unfair and unjust labels that get in the way of your moving on with your life.
5. And more.

If you want to avoid all of this, you need a distinguished Santa Barbara, CA, theft crimes lawyer. The Law Offices of David S. Chesley . Here's some of what sets us apart:

Why You Should Hire Our Santa Barbara, CA Theft Defense Lawyers

Not every criminal defense firm is created equal. Here's what set us apart — and the difference it will make for 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.
• Deep Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Santa Barbara, 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. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
• Record 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 – We are well-known for our tenacious representation.
• Ready for Your Call Right Away — Arrests happen at all hours. So do we. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
• Fully Private — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.

Every Theft Charge We Defend in Santa Barbara, CA

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

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

Theft Cases We Fight in Santa Barbara, CA

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. Should you need a theft crimes lawyer in Santa Barbara, CA, don't wait: contact us right away for a free consult to go over your charges.

Below are some of the main theft crime accusations we fight against in Santa Barbara, CA:

Petty Theft Charges vs Grand Theft Charges

In Santa Barbara, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without permission. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the classification will normally be petty theft, while higher values will ordinarily be grand theft.

Defending petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

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

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.

In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Today, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Santa Barbara, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.

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

Shoplifting Possible Penalties:

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

Defense options include: Theft was unintentional, 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

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 Barbara, 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 prosecution must establish: (1) the suspect committed petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.

Possible Penalties:

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

Vehicle Theft Charges We Fight in Santa Barbara, CA

We will fight against all sorts of vehicle theft crimes in Santa Barbara, CA. One of the ones people commonly think of is grand theft auto, but that's technically not a law of its own. Grand theft auto is defined in a subsection of California's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if the defendant did intend to return it, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, in Santa Barbara, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. In the same vein as receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or holding onto the car or truck can result in these charges.

When you work with us, you'll partner 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 today to start building your defense.

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

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. This means even stealing a beater worth $200 can result in a grand theft auto charge.

Grand theft auto and joyriding have a close relationship in Santa Barbara, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.

Possible Penalties:

• Charge Type: Wobbler (usually felony in Santa Barbara, 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. 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. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Santa Barbara, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Santa Barbara, CA, joyriding cases are handled as misdemeanors. 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

If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Due to the violent nature of the crime, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.

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

Potential Penalties:

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

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

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have or are storing a automobile that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove were aware that the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.

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 Fight in Santa Barbara, CA

White collar crimes in Santa Barbara, CA, vary widely in context and action, but they all share one thing in common: taking advantage of one's position within an organization to benefit oneself, illegally.

Most white collar crimes are defined by how money is transferred. 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 an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.

Not all white-collar crimes are centered around the exchange of money, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing another person's personal information. Note that no financial theft has to occur for a person to be charged with either of these.

Embezzlement, Money Laundering, Bribery & More

White collar crimes carry severe consequences even without physical violence — prison sentences, massive fines, major career setbacks, and permanent stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.

White Collar Crimes — 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 deceit, breach of trust, or abuse of a position for personal benefit. These cases are some of the most complicated in Santa Barbara, CA, and normally require highly experienced representation to defend.

White collar cases are often investigated for months or even years before charges are filed. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. 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.

Common contexts: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a non-profit director misusing donated funds.

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Large Amounts: Enhanced sentences up to 10+ years
• Additional: Financial recompensation, professional consequences

Money Laundering — California Penal Code § 186.10

Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It typically involves three stages: placement (introducing dirty money into the financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).

California's money laundering law is set to combat financial actions higher than $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, 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 order to affect the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — government officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever form of bribery you've been accused of, a Santa Barbara, CA, theft crimes lawyer is important to advise you on how to address these charges.

Who can face bribery charges? Both the person offering the bribe and the person accepting it could face charges in Santa Barbara, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.

Potential Penalties:

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

Forgery — California Penal Code § 470

You can be charged with forgery in Santa Barbara, 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, contracts, vehicle titles, wills, court orders, notary public symbols, lottery tickets, and many other types of written instruments.

Critical point: The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. Just the plan to commit fraud, in addition to the creation or use of the fake item, is enough for a conviction.

Possible Penalties:

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

Identity Theft — California Penal Code § 530.5

In Santa Barbara, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, goods, services, or medical information.

What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Simply obtaining and using another person's information without permission is enough to violate California law. This makes it critical to hire an expert theft crimes lawyer whatever the specifics of your case.

Identity theft accusations are aggressively prosecuted in Santa Barbara, CA, and increasingly result in federal charges when conducted online, across state lines, or at scale.

Potential Penalties:

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

Fraud Charges We Defend in Santa Barbara, CA

Fraud encompasses a variety of specific theft types in Santa Barbara, CA. Broadly speaking, a person who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is a basic type of this crime.

Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout commits insurance fraud.

This is not unlike welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another common variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

An expert theft crimes lawyer in Santa Barbara, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.

Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Santa Barbara, CA, for a wide variety of actions — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. 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 Barbara fall under California's 'theft by false pretenses' law. This is when a person intentionally deceives another through false statements or misrepresentations, who then freely gives up something of value based on the false information. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.

Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.

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

Insurance Fraud — California Penal Code § 550

Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. If you're facing insurance fraud charges in Santa Barbara, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will defend your freedom and explore all avenues to help you find the best outcome possible

Common forms include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; inflating repair cost claims; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.

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: License revocation for professionals

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

You can face credit card fraud charges in Santa Barbara, CA, for a variety of actions done with a credit or debit card. Charges can occur if someone is caught using someone else's card without consent, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or fraudulently acquiring or selling card account information.

Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when accounts are used across state lines or some part of the alleged crime occurred 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

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; using another person's EBT card; falsely claiming a dependent child; 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. Your premier Santa Barbara, CA, theft crimes lawyer can help show issues in 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 occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To qualify forMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.

Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. Santa Barbara, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.

Warning: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

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 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 Barbara, CA theft lawyer who has your back.

While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Santa Barbara, CA theft lawyer immediately.

Critical Note: 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. You can be accused of breaking this law whether you gave or received the money.

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: Ineligibility for all federal health care programs

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

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically addresses false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Health care fraud cases in Santa Barbara, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Physicians, billing organizations, office workers, and clerks have all found themselves accused of health care fraud in the past.

Potential Penalties:

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

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

Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare benefits, the care recipient must be homebound and require skilled care. Home health fraud exploits this framework in a variety of ways.

One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Home health fraud charges in Santa Barbara, 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 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. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.

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 Defend in Santa Barbara, CA

Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Santa Barbara, CA. One common example is robbery. A person commits robbery when they take something directly from another person by force. As opposed to burglary, the alleged theft occurred away from the alleged victim. 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.

That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion is a unique form of theft. When one person commits extortion, they threaten another in order to get something from them. This doesn't always need to include physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. 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. These charges are always felonies and often carry strike designations. Your Santa Barbara, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.

Robbery — California Penal Code § 211

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.

Your robbery charge in Santa Barbara, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.

Potential Penalties:

• 1st Degree Prison: 3, 4, or 6 years
• 2nd Degree Prison: 2, 3, or 5 years
• Weapon Use: +3 to 10 years
• Three Strikes: Yes — serious felony

Extortion (Blackmail) — California Penal Code § 518

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to release private photos unless money is provided; threatening to deny someone a rightful certification unless special favors are given.

Possible Penalties:

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

Burglary Charges We Defend in Santa Barbara, CA

Burglary is often charged along with theft in Santa Barbara, CA. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. In most cases, this is a structure, like a storefront (in which case it would be commercial burglary), but not always. For example, if you supposedly smashed a car window to take something from the glovebox, that would fall under 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, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But 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. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Today, shoplifting is no longer a subset of burglary offenses in Santa Barbara, CA, and faces more lenient penalties if convicted.

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 in the process of a theft. It's common to face burglary and vandalism charges together in Santa Barbara, CA, heightening your need for an expert theft crimes lawyer to defend you.

Finally, you can face theft charges in Santa Barbara, CA, even if you didn't steal anything yourself. 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 — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.

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

First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location 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 Barbara, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Potential Penalties:

• Prison Sentence: 2, 4, or 6 years in state prison
• Three Strikes: Yes — serious felony strike
• Probation: Generally not eligible for first-degree
• Fines: Up to $10,000

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

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.

Possible Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. This could be either a misdemeanor or a felony, depending on how the Santa Barbara, CA prosecutor interprets the circumstances.

Important note: 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

At the intersection of burglary and violent crimes are home invasion charges. Santa Barbara, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.

While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are up against home invasion charges, you need a law firm with a track record of success, and you need them as soon as possible.

Potential Penalties:

• Burglary Base: 2, 4, or 6 years
• Robbery Add-On: Additional 2–5 years
• Weapon Enhancement: Additional 3–10 years
• Three Strikes: Yes — multiple strikes possible

Property & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. You need a Santa Barbara, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.

Receiving Stolen Property — California Penal Code § 496

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

Receiving stolen property charges can fall apart if you can prove you weren't 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 automatically mean you had knowledge of theft.

Possible Penalties:

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

Vandalism — California Penal Code § 594

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

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

You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.

On its own, trespassing is ordinarilly charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Defenses often hinge on whether permission was given or reasonably believed to exist.

Perjury — California Penal Code § 118

Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.

Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.

Potential 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. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.

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 find an attorney with the skills to fight for you at all levels.

Possible Penalties:

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

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

Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. 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.

This offense is aggressively prosecuted in Santa Barbara, CA, and enhanced sentencing applies. 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 only makes things more complex.

Common scenarios: Caregiver overcharging for services; family member exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; phising emails that impersonate loved ones.

Possible Penalties:

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

Looting — California Penal Code § 463

Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.

In Santa Barbara, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. Looting is considered a way of taking advantage of Santa Barbara while it's at its most vulnerable, and judges are never pleased by this. If you allegedly broke into a business building during a wildfire and took some of its merchandise, you could face looting allegations.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

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

Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. 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.

California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.

Regardless of what charge you're facing, when you reach out to us, you can connect with an expert theft crimes lawyer in Santa Barbara, CA, who will help you break down and navigate the charges. Together, we will defend your rights and your freedom.

Steps to Take When Accused of Theft

Being charged with theft can be intimidating. There could be a warrant out for your arrest, not everyone will believe your side of the story, and you need to defend your reputation as well as your innocence. When you're alone, it can seem impossible.

But you have another option. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. With one of our Santa Barbara, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. If you're up against theft crime accusations, here are our recommendations:

1. Comply With the Police

Nobody wants to be arrested. However, don't resist. Be polite and respectful during the process. Resisting can only get you into more trouble.

2. Remain Calm and Don't Talk

It's common for police to interview you after an arrest – stay silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Your answers can later be used as evidence in the case, and you say something untruthful, you can be charged with perjury.

3. Call a Santa Barbara, CA, Theft Crimes Defense Attorney ASAP

In California, you will be given the opportunity to make three completed phone calls after being arrested. 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 argue against the prosecution for your release. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.

5. Work With Your Attorney to Build Your Defense

With the right attorney by your side, it's time to create a strategy to fight the charges. A skilled theft crimes lawyer in Santa Barbara, CA, will hear your side of the story, negotiate for deals with the state, and argue for a dismissal wherever possible.

Theft Lawyer Defensive Strategies

Every theft case is different — and every defense strategy must be oriented to the specific facts, evidence, and allegations. Below, you can read about some of the popular ways we will fight theft cases in Santa Barbara, CA.

Lack of Intent / Claim of Right Defense in Theft Cases

If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Additional intent-based defenses include: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).

Key point: 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, particularly 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: 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 theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the investigators broke the law, the evidence can be thrown out and the district attorney 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 resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to 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 — in cases where a subset of the evidence against the defendant is suppressed — can substantially change the outcome. Suppression motions are fully litigated in Santa Barbara, CA, courts, and frequently come up in theft cases.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Santa Barbara, CA. False accusations can stem from personal arguments, cases of mistaken identity, misunderstandings about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — without a strong defensive strategy, you're gambling with your freedom.

Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, if they didn't have a clear sightline, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Santa Barbara, CA, court.

Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; attacking the character of the person making the allegations; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between different statements and testimony between witnesses.

If you are falsely accused: Stay away from witnesses, do not try to build your defense on your own, and do not talk to the police without your theft crimes lawyer present. You might make a mistake, or the police might misinterpret something you say. Contact defense counsel immediately and say nothing.

Lack of Knowledge — In some cases, the Santa Barbara, CA, prosecutor must prove you were aware that the property was obtained through theft. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.

Consent / Permission — Consent regarding your use of the property is a strong defense in Santa Barbara, CA, theft cases. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.

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

Diversion Programs — In many cases with offenders without a record, 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.

Arguing 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

A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully completed all terms of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have spent time in state prison (though 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.

Here are some of the advantages of getting your theft conviction expunged: Of note, you won't have to note any convictions on private job applications. However, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

Critical Note: 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 will need a different method of expungement. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

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

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Frequently Asked Questions About Theft Charges in Santa Barbara, CA

Is there a difference between petty theft and grand theft in Santa Barbara, California?


The primary distinction is the value of the property allegedly taken. 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). Both require an attorney, but grand theft charges demand urgent and aggressive representation.

Is it possible to expunge a theft conviction in California?


Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. 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 should I expect from first-time shoplifting charges in Santa Barbara, CA?


First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $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 make a major difference and help you with avoiding a conviction and protecting your record.

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


In many cases, being unaware of stolen property's origins can make for a strong defense. If you honestly didn't know and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. We often use this as a way to protect our clients from accusations. That said, circumstances like an unusually low price or no documentation of ownership can be used against you, which is why an attorney is essential.

How serious is a grand theft auto charge in Santa Barbara, CA?


Extremely. In Santa Barbara, 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 a criminal record, you are at risk of harsher penalties. Call one of our theft crimes lawyers as soon as possible if you're facing this charge.

What is a "wobbler" offense in California?


A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. As your theft crimes lawyer, we will argue for misdemeanor charges if you are facing a wobbler, to protect your record and freedom.

Will I go to jail for a theft charge?


You can avoid jail in many cases, actually. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Contact our firm to review what options exist in your case.

Can I be charged with burglary if I didn't steal anything?


Yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. 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 how it's presented — is central to burglary defense.

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Need a Theft Defense Attorney in Santa Barbara, CA? Call to Protect Your Rights.

Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our lawyers are prepared to defend you — whenver you need help. Your first consultation is completely free and confidential.

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