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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. It can seem like there's no way out.

Even when you can't figure out what to do on your own, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a Santa Barbara, CA, theft crimes lawyer from our team on your case, you're going to get honest advice on how to get the best outcome possible.

Connect with a theft crimes lawyer today at (800) 755-5174 or send us a note online for a free, confidential consultation. Delays can cost you your freedom, and we're ready to fight for you today.

Why You Need a Leading Santa Barbara, CA, Theft Defense Lawyer

You should never take theft allegations lightly, regardless of whether or not you're innocent. On your own, you're stuck trying to decipher a complex legal code and potentially set yourself up for the below consequences:

1. Prison Sentence: Jail time is a common consequence for theft in Santa Barbara, CA.
2. Fines: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
3. Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
4. Reputational Damage: You can face unfair and unjust labels that get in the way of your moving on with your life.
5. And more.

A Santa Barbara, CA, theft crimes lawyer can protect your rights and fight against these outcomes. 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 Barbara, CA Theft Defense Lawyers

Working with our expert Santa Barbara, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and the difference it will make for your case:

• 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 — Decades of practice in Santa Barbara, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
• Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
• Record Expungement Services — We don't leave you behind after the verdict. You deserve to move forward with your life, and we can help you do it.
• Excellent Reputation – well-respected amongst both clients and peers.
• Always Availalbe — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
• Fully Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.

Theft Charges We Defend in Santa Barbara, CA

Use the links below to jump directly to a full explanation of the law, penalties, 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 Charges We Fight in Santa Barbara, CA

Our attorneys know how to fight theft crime cases. if you require a theft crimes lawyer in Santa Barbara, CA, don't hesitate: Reach out now for a no obligation review of your case.

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

Petty Theft Charges vs Grand Theft Charges

While there are many different theft case types in Santa Barbara, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property when you weren't allowed to. The distinguishing factor is the amount that was supposedly taken: For values $950 and under, the charges will generally be petty theft, while any more will typically be grand theft.

Defending petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges is usually more challenging because it is more frequently charged as a felony. Whichever type of charge you're facing, a skillful theft crimes lawyer can help you minimize penalties.

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

Shoplifting — Proposition 47 / Penal Code § 459.5

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

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Today, the majority of shoplifting cases are misdemeanors. That said, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Whether you're up against a felony or misdemeanor charge, a local Santa Barbara, 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) has been a target of recent California laws, and is prosecuted harshly in Santa Barbara, CA.

Shoplifting Possible Penalties:

• Jail Time: 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, mistake of fact, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

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

To charge PC § 666, the prosecution must establish: (1) the accused engaged in petty theft; and (2) the suspect 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: Prior theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Defend 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 actually not its own charge. Grand theft auto is a smaller part of the state's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.

If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If the alleged offender wasn't going to keep it, they're more likely to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in Santa Barbara, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.

One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Even just owning or having the vehicle can result in these charges.

At the Law Offices of David S. Chesley, you'll work with a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Reach out today to start protecting your freedom.

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

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.

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).

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 — sometimes called "joyriding" broadly — is often charged alongside or instead of grand theft auto. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. 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.

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

Carjacking — California Penal Code § 215

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because this action involves violence, carjacking is always a felony and is not eligible for probation in many circumstances.

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

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

Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you are in possession of a car that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The prosecution must prove were aware that the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.

Potential Penalties:

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

White Collar Crime Charges We Defend in Santa Barbara, CA

White collar crimes in Santa Barbara, CA, can look very different from each other, but each of them share one thing in common: abuse of an organization for personal gain.

Several 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 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. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.

Forgery, Identity Theft, Bribery & More

White collar crimes carry severe consequences even without physical violence — incarceration, financial penalties, professional license revocation, and long-lasting reputational damage. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.

White Collar Crimes — Overview

There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a position for personal benefit. It's common for white collar crime cases in Santa Barbara, CA, to require specialized experts on both the prosecution and defensive sides.

These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. 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 when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.

Hypothetical examples: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a 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: Full restitution, loss of professional licenses

Money Laundering — California Penal Code § 186.10

Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It typically consists of three steps: placement (introducing dirty money into the financial system), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).

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

Possible Penalties (State):

• Prison: 16 months, 2 years, or 3 years
• Fines: Up to $250,000 or 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 people in certain positions of power. California law criminalizes bribery in many contexts — elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Santa Barbara, CA, theft crimes lawyer is essential to give you insights into successful defense strategies.

Who can face bribery charges? Whether you offered or accepted a bribe, you could face charges in Santa Barbara, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.

Potential Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent disqualification from 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, stock certificates, vehicle titles, power of attorney documents, warrants, notary public symbols, identification documents, and many other types of written instruments.

Who can face forgery charges? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, in addition to the creation or use of the false item, is sufficient for a conviction.

Potential Penalties:

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

Identity Theft — California Penal Code § 530.5

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

Crucially: You can be found guilty even if the alleged victim didn't lose any money. Simply obtaining and using another individual's information without permission is enough to violate California statute § 530.5. Because of this, you need to hire an expert theft crimes lawyer whatever the particular of your case.

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

Possible Penalties:

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

Fraud Charges We Fight in Santa Barbara, CA

Fraud is a frequent white collar crime charge in Santa Barbara, CA, and can be divided into smaller categories of its own. Generally speaking, a person who commits theft by misrepresenting themselves or a situation in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is a basic type of this crime.

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

A similar fraud charge is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.

Another popular variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. 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.

Different Kinds of 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. These cases are often document-heavy and require a theft crimes lawyer who understands both the law and financial evidence.

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

Theft by false pretenses — the foundational fraud offense — occurs when one person lies to someone else, who then freely gives up something of value based on the false information. The key element is that the victim willingly hands over the property as a result of being deceived.

Common examples: Selling a product that doesn't exist; misrepresenting credentials to get paid for work; creating fake invoices; collecting donations for a nonexistent charity.

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

Insurance Fraud — California Penal Code § 550

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. The Santa Barbara, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. A leading theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

Frequent examples 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; health insurance billing fraud.

Possible Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: Career and job restrictions/penalties

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 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: 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 the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.

Possible Penalties (State):

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

Welfare Fraud — California Welfare & Institutions Code § 10980

A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.

Common examples: Failing to report income; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your 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 Barbara, CA, theft crimes lawyer can dissect the prosecution's case and greatly improve your case's outlook.

Possible 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: Loss of future benefit eligibility

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

Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, the recipient must have a projected lifespan of six months or less if nothing drastic changes in their health condition — a threshold that fraudulent providers routinely falsify.

While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. 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.

Critical Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. 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 allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's Medicare program. 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. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.

Important: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Providers and referrers are both at risk of prosecution under these circumstances.

Potential Penalties:

• Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus civil monetary penalties per claim
• Additional: 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.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute specifically outlaws situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Without an expert Santa Barbara, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Healthcare providers, billing companies, office managers, 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 is a subcategory of Medicare and Medicaid fraud that specifically targets the fraudulent billing for in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, a patient 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 Barbara, 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.

Warning: 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 — even if you broke the law accidentally.

Potential Penalties:

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

Violent Theft Charges We Defend in Santa Barbara, CA

Violent crime charges and theft charges often go hand in hand in Santa Barbara, CA. This can be the case when you're accused of robbery. A person commits robbery when they take something directly from another person by force. Versus burglary, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.

However, some thefts which did not start out violent can end up involving violence. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.

Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. This doesn't always need to include physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. For example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.

Robbery, Extortion & Force-Related Theft

When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. It's essential to get a theft crimes lawyer in Santa Barbara, CA to protect your freedom.

Robbery — California Penal Code § 211

Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. All robbery charges in California are felonies.

The state of California divides robbery charges into two degrees:

• First-Degree Robbery: This is charged when the alleged offense took place:
  1. In someone's house, vehicle, or other building,
  2. In a taxi, or
  3. 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

A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. 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 damage someone's storefront unless they pay "protection money;" 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 Barbara, 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. In most cases, this is a building, like a storefront (in which case it would be commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would be considered burglary of a vehicle.

Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Because of this, what you were allegedly planning to do in a location can be just as important as how you got access to it.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. The differences in charges had a major impact for several offenses and penalties. Today, shoplifting is no longer a subset of burglary offenses in Santa Barbara, CA, and faces more lenient penalties if convicted.

Vandalism also shares many qualities with burglary. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to in the process of a theft. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Santa Barbara, CA, making it all the more important to get an expert theft crimes lawyer to protect your rights.

Lastly, there is a theft charge you can be accused of in Santa Barbara, CA, even if you didn't steal something. What can lead to this? 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 with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. The reason that you went there is the key to burglary charges.

Residential burglary is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Santa Barbara, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

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

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

Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.

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

Potential Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

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: The vehicle must be locked for a burglary charge to apply. This would still likely be prosecuted as theft, but for it to be burglary, the vehicle must have been protected.

Home Invasion Burglary With Violence — California Penal Code § 459 / § 211

A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. 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.

As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are up against home invasion charges, you need defense attorneys that can give you top-quality service, and you need them now.

Potential Penalties:

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

Property & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Understanding how they interact is critical to building an effective defense.

Receiving Stolen Property — California Penal Code § 496

You don't have to steal something to face theft-related criminal charges. Buying, selling, or disguising something that was stolen can lead to these charges.

The prosecution must prove you knew — or had reason to know — the property was stolen. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without knowing their full history, or from unknown sellers, does not automatically mean you had knowledge of theft.

Potential Penalties:

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

Vandalism — California Penal Code § 594

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

Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.

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

On its own, trespassing is normally 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. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.

Perjury — California Penal Code § 118

Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.

Do not make this mistake: 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.

Possible Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.

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

Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. This means the theft of even a nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.

To make things worse, you may also have to fight in federal court. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more critical to find an attorney that has wide resources and strong legal skills.

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

If the alleged victim was 65 or older, you might be up against elevated penalties. 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 Barbara, 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 exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; fraudulent investment schemes targeting retirees.

Potential 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 attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.

Attempted burglary and attempted robbery are still strike offenses in California. 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 Barbara, CA, who will help you break down and navigate the charges. As a team, we will fight for the best outcomes possible in your case.

Steps to Take When Accused of Theft

Being charged with theft can be intimidating. There could be a warrant out for your arrest, you could be facing major legal consequences, and a conviction could derail your life. Trying to handle it yourself, the odds can seem insurmountable.

But you have an ally. The Law Offices of David S. Chesley is here to help. 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. Obey the Arresting Officer's Instructions

While it's reasonable to feel angry about being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Fighting back can only lead to additional charges.

2. Stay Calm and Stay Silent

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

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

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. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Your lawyer can help argue for your release at 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. Work With Your Lawyer to Create a Defense Strategy

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 with the state, and fight for charges to be dismissed wherever possible.

Powerful Defense Strategies for Theft Charges

Every theft case is different — and every defense strategy must be customized to the specific details, proof, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in Santa Barbara, CA.

Lack of Intent / Claim of Right Defense in Theft Cases

Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Additional intent-based defenses include: mistake of fact (the defendant took the wrong item believing it to be their own); 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 principle: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. Challenging the intent element is not simply a fallback strategy. It is often the strongest available defense, particularly in cases involving family disagreements, where sometimes people can forget about who the formal owner of a piece of property is and unintentionally misuse it.

Using This Defense:

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

Illegal Search & Seizure in Theft/Burglary Cases

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, how the evidence was obtained is just as important as what it is. If searches disobeyed regulations, the evidence can be suppressed and the district attorney may not be able to move forward with your case.

Here are some of the reasons that evidence is thrown out in theft cases: warrantless searches of vehicles, homes, or persons without valid legal justification; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that go beyond the limits of a valid warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.

In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — if the court allows some evidence but not all of it — can make a big difference. Suppression motions are fully litigated in Santa Barbara, CA, courts, and frequently come up in theft cases.

Suppression Scenarios:

• Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
• Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

Innocent people are charged with theft crimes more often than the public realizes. False accusations can stem from personal disputes, cases of mistaken identity, mistaken assumptions about ownership, ambiguous surveillance footage, 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 Barbara, 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 — especially across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. 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; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the accuser; presenting expert testimony on the issues with eyewitness testimony; and highlighting inconsistencies between different witnesses' versions of events.

If you have been falsely accused: Stay away from witnesses, do not attempt to gather evidence independently, and do not talk to the police without your theft lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — In some cases, the Santa Barbara, CA, prosecutor must prove you were aware that the property was obtained through theft. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.

Consent / Permission — Consent regarding your use of the property is a strong defense in 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 — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.

Sentencing Alternatives — Particularly for offenders without a record, California offers sentencing alternatives that can result in charges being dismissed after completing community service, restitution, or counseling. This is often a favorable outcome for our clients that we will fight to secure.

Disputing the Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. You shouldn't face charges that are disproportionate to the alleged act.

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

California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have been incarcerated in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. 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, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, there are still some restrictions in the expungement process — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Santa Barbara, CA who don't break any other laws after finishing their sentence, if enough time has passed.

Important: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is for the record to be totally inaccessible, to be able to legally own a gun again, or clearing a prior strike, you'll have to look into other ways to have your record sealed. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

• PC § 1203.4: Charges dismissed after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
• PC § 851.91: Arrest record sealing where no conviction resulted
• SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
• Limitations: Does not restore firearm rights or remove record from law enforcement databases

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Common Theft Crimes Questions in Santa Barbara, CA

What's the difference between petty theft and grand theft in Santa Barbara, California?


How much was allegedly stolen determines the specific theft charge. Petty theft misdemeanors are typical for anything $950 and below. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.

Can a theft charge be expunged from my record in California?


Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. Our firm offers full expungement services.

What should I expect from first-time shoplifting charges in 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. Working with a criminal defense lawyer can significantly improve your odds of avoiding a conviction and keeping your record clean.

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


In many cases, being unaware of stolen property's origins can make for a strong defense. If you honestly weren't aware and had no reasonable basis to suspect it, that can form the basis of your defense. This is a strategy we frequently lean on in receiving stolen property cases. However, circumstances like an unusually low price or no documentation of ownership can be used against you, making it imperative that you hire a skillful theft crimes lawyer.

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


Very serious. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have any prior convictions, you may also face enhanced sentencing. Call us as soon as possible if you're facing this charge.

What is a "wobbler" offense in California?


The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Many theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.

Will I go to jail for a theft charge?


You can avoid jail in many cases, actually. Santa Barbara, 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 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 you have.

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


Yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether or not you committed theft doesn't matter — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and arguments surrounding it — is critical to burglary defense.

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Accused of Theft in Santa Barbara, CA? Contact Us Now.

Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our attorneys are ready to defend you — no matter when you need us. Your first consultation is completely free and confidential.

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