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Theft Lawyer Victorville, CA. Accusations. Arrests. Criminal charges. Theft charges in particular can be complex because of the wide variety of them. Without help, it's easy to find yourself in a spot where you feel hopeless.

Even when it feels like there is no hope, you have a path forward: The Law Offices of David S. Chesley. Our legal team has extensive experience defending clients against all manner of theft crime charges. With a Victorville, CA, theft crimes lawyer from our team defending your freedom, you'll have someone by your side from day one until you get justice.

Talk to a theft crimes attorney right away at (800) 755-5174 or use our contact form for a free, confidential consultation. Waiting too long to reach out can cost you everything.

The Importance of a Theft Lawyer in Victorville, CA

Theft charges need to be treated seriously, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to decipher a complex legal code and make it more likely that you'll face the following:

1. Jail Sentence: Most theft charges in Victorville, CA, carry a potential jail sentence of six months or more.
2. Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
3. Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
4. Damaged Character: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
5. And more.

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

Top Qualities of Our Victorville, CA Theft Defense Attorneys

Picking the right Victorville, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and how it will impact your case:

• A Team Of Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. We know common weak points and how to attack the prosecution's case.
• Extensive Court Relationships — Decades of practice in Victorville, 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 — Misdemeanor or felony, we build your defense to be trial-ready. 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.
• Superb Reputation – well-respected amongst both clients and peers.
• Ready for Your Call Right Away — We know that arrests don't happen on a schedule. 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.

Theft Charges We Will Fight in Victorville, CA

Use the links below to navigate 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

Victorville, CA, Theft Allegations We Defend Against

Our attorneys know how to fight theft crime cases. If you need a theft crimes lawyer in Victorville, CA, don't wait: Reach out right away for a free consult to go over your charges.

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

Petty Theft Charges vs Grand Theft Charges

While there are many different theft case types in Victorville, CA, odds are high you're facing one of these two: Petty theft and grand theft. You can face these charges for taking someone's possessions when you weren't allowed to. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the classification will ordinarily be petty theft, while higher values will typically be grand theft.

Fighting petty theft allegations is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). However, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Regardless of what you're up against, the right theft crimes lawyer will improve your chances of reaching a positive outcome.

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.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since Proposition 47, most shoplifting charges are misdemeanors. That said, you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Regardless of what level of charge you're facing, a local Victorville, 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 Potential Penalties:

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

Potential defenses include: Lack of intent to steal, innocence, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Not every prior offense in Victorville, 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 activate this sentencing enhancement, the state must establish: (1) the defendant performed 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) — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.

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 Defend in Victorville, CA

There are several vehicle theft charges we defend in Victorville, CA. The first one that probably comes to mind is grand theft auto, but that's actually not a law of its own. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which 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. On the other hand, if the defendant did intend to return it, they're more likely to face charges of joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, joyriding charges are almost always better to face in Victorville, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or keeping the car or truck can get you arrested for possession of a stolen vehicle.

At the Law Offices of David S. Chesley, you'll work with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Call today to start making your case.

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

If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute 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.

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 Victorville, CA)
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 — sometimes called "joyriding" broadly — is often charged alongside or instead 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 refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. 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 Victorville, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Victorville, CA, joyriding cases are handled as misdemeanors. However, prior criminal history or aggravating circumstances can push it to a felony.

Carjacking — California Penal Code § 215

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Victorville, CA prosecutor is likely going to pick carjacking over another offense. Due to the violent nature of the crime, carjacking is always a felony and is often ineligible for probation.

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

Possible Penalties:

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

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

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have a automobile that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.

We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove were aware that the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.

Possible Penalties:

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

White Collar Crime Charges We Defend in Victorville, CA

White collar crimes in Victorville, CA, can be any one of a variety of charges, but all of them 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 a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering 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 involve financial exchanges, though (at least at face value). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of another person's personal information. You can face either of these charges without having taken money from the alleged victim.

Forgery, Identity Theft, Bribery & More

It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Victorville, CA, but you'd be wrong. The punishments can be dire — years in prison, financial penalties, major career setbacks, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.

White Collar Crimes — Overview

The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. These charges will include the element of deceit, breach of trust, or abuse of a position for personal benefit. It's common for white collar crime cases in Victorville, CA, to require specialized experts on both the prosecution and defensive sides.

White collar cases are often investigated for months or even years before charges are filed. Call us now if you have any reason to believe the police are looking into you. The sooner you bring in your legal defense, the better chance you have of a positive outcome.

Embezzlement — California Penal Code § 503

Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.

Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.

Possible Penalties:

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

Money Laundering — California Penal Code § 186.10

Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It usually involves three steps: placement (introducing dirty money into the financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).

California's money laundering law specifically targets transactions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.

Possible Penalties (State):

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

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

You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — elected officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Victorville, CA, theft crimes lawyer is essential to protect you from the prosecution.

Important: Both the person offering the bribe and the person accepting it could face charges in Victorville, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.

Possible 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

Forgery involves creating, altering, or using a false document with intent to defraud. California's forgery statute is broad and covers bills, money orders, contracts, deeds, power of attorney documents, warrants, notary public symbols, lottery tickets, and many other types of written instruments.

What if I didn't use the forged document? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, combined with the act of creating or using the forged document, is enough 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 Victorville, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, goods, services, or medical information.

What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Just taking and using another person's information without a legal reason is enough to violate California law. This makes it critical to hire an expert theft crimes lawyer whatever the particular of your situation.

Victorville, CA, identity theft allegations are very serious, 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 Victorville, CA

Fraud encompasses a variety of specific theft types in Victorville, CA. Broadly speaking, a person who commits theft by lying about something so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.

Insurance fraud is a specific variation where a person allegedly lies to an insurance company to collect more money than they are supposed to. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout commits insurance fraud.

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 form 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.

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

Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Victorville, 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

Theft by false pretenses — the foundational fraud offense — occurs when one person lies to someone else, leading to the second person willingly giving away goods or services. The key element is that the victim willingly hands over the property as a result of being deceived.

Common examples: Lying about being a contest winner; misrepresenting credentials to get paid for work; creating fake invoices; 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

Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in Victorville, CA, it's possible that you'll go to prison for several years if convicted. An expert theft crimes lawyer will fight the allegations and explore all avenues to help you find the best outcome possible

Frequent forms include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; workers' compensation fraud; double billing for a health service.

Potential Penalties:

• Felony Prison Sentence: 2, 3, or 5 years
• Fines: Up to $150,000 or 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

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

What to know about federal charges: You are likely to face both federal and state charges, especially 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

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; using fake identities to collect extra benefits; using another person's EBT card; pretending that a child is still a dependent when they are not; not reporting new circumstances that would end benefits eligibility.

Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. A premier Victorville, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.

Possible Penalties:

• Under $950 (most often): Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Repayment: Full restitution to the government

Additional: Lose your right to receive benefits in the future

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

Hospice fraud accusations in Victorville, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To be eligible forMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if their current health conditions progress in a typically expected manner — 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. These accusations are particularly dangerous because they are often charged in federal court in Victorville, CA, meaning you're up against very difficult odds.

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 charges have particularly far-reaching consequences. In Victorville, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.

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

Important: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Providers and referrers are both at risk of prosecution under these circumstances.

Possible Penalties:

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

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

Health care fraud charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically targets situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Victorville, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Doctors, billing companies, office managers, and support staff have all faced prosecution depending on their level of involvement.

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, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare benefits, the person receiving care must be homebound and require specialized 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 Victorville, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.

Critical Note: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.

Possible Penalties:

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

Violent Theft Charges We Fight in Victorville, CA

Violent crime charges and theft charges often go hand in hand in Victorville, 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. As opposed to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.

There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion 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. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.

Robbery, Extortion & Force-Related Theft

If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. You're almost guaranteed to be facing felony charges. Immediate Victorville, CA, legal counsel is non-negotiable.

Robbery — California Penal Code § 211

Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. All robbery charges in California are felonies.

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

Possible Penalties:

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

Extortion (Blackmail) — California Penal Code § 518

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. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.

Common examples: Threatening to report someone for a crime unless paid; 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 Fight in Victorville, CA

Burglary is often charged along with theft in Victorville, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. In most cases, this is a building, like a convenience store (which would make it commercial burglary), but not always. For example, if you supposedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.

Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.

Burglary Related Charges

Shoplifting also involves the theft of items from a store, similar to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. But as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Victorville, CA (except in extreme cases).

Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to burglarize someone's home. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Victorville, CA, making it all the more important to get an expert theft crimes lawyer to protect your rights.

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

Burglary, Home Invasion & Related Charges

California burglary law is broader than most people realize — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.

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

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. You do not have to actually steal anything. Your motivation for entering the location 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 Victorville, 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

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. 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

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Victorville, CA prosecutor interprets the circumstances.

Key distinction: The vehicle must be locked for a burglary charge to apply. This is still against the law, but for it to be burglary, the vehicle must have been protected.

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

If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Victorville, 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.

Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — all carrying their own prison terms, often served consecutively. If you are up against home invasion charges, you need a law firm with a track record of success, and you need them right away.

Potential Penalties:

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

Property & 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 Victorville, 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.

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 at an unusually low price, without knowing their full history, or from unknown sellers, does not make you guilty.

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 Victorville, 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).

The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.

Potential Penalties:

• Under $400: Misdemeanor — up to 1 year jail
• Over $400: Wobbler — up to 3 years prison
• Restitution: Full repair/replacement cost to victim
• Other Common Penalties: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

Trespassing involves entering or remaining on another person's property without permission. 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 typically charged as a misdemeanor or infraction. However, Victorville, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.

Perjury — California Penal Code § 118

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

Potential Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

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

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

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. Because of this 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.

To make things worse, you may also have to fight in federal court. The potential dual nature of these charges multiplies the complexity. And it's even more important to have an attorney with the skills to fight for you at all levels.

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.

This offense is aggressively prosecuted in Victorville, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.

Common scenarios: Caregiver taking money from a client's account; family member using power of attorney to take money; contractor overcharging vulnerable seniors; fraudulent investment schemes targeting retirees.

Possible Penalties:

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

Looting — California Penal Code § 463

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

These charges are often looked upon very negatively in Victorville, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Even if the supposed burglary or robbery failed, attempted theft charges will still apply. For it to be considered an attempt, the prosecution needs to prove two things: (1) a mental state of deliberate criminal activity, and (2) some form of action that furthers the criminal ends — whatever the outcome was.

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

No matter what you've been accused of, when you contact us, you can connect with an expert theft crimes lawyer in Victorville, 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.

5 Steps to Take When Accused of Theft

Being charged with theft can be intimidating. The Victorville, CA, government is after you, you could be facing major legal consequences, and you need to defend your reputation as well as your innocence. Without help, it can seem impossible.

But you're not alone. The Law Offices of David S. Chesley is here to help. A Victorville, CA, theft crimes lawyer from our team will guide you on how to navigate your case. If you're up against theft crime accusations, here are our recommendations:

1. Obey the Arresting Officer's Instructions

Nobody wants to be arrested. However, don't resist. If you act civilly, it will make things go faster and easier. Fighting back can only lead to additional charges.

2. Act Calm and Stay Silent

You may be questioned by the police – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and you say something untruthful, you can be charged with perjury.

3. Contact a Victorville, CA, Theft Crimes Defense Attorney Right Away

In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. 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

Before you can leave the jail, you'll probably have to go through a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. Your rights and freedom matter, no matter what you've been accused of.

5. Work With Your Attorney to Make a Personalized Defense

With the right attorney by your side, it's time to create a strategy to fight the charges. An accomplished theft crimes lawyer in Victorville, CA, will listen to your story, negotiate for deals with the prosecution, and fight for a dismissal whenever possible.

Theft Lawyer Defensive Strategies

Every theft case is different — and every defense strategy needs to be customized to the specific details, proof, and allegations. Here are the major defense approaches our attorneys use to fight theft charges in Victorville, 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. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

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 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. More related defenses consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).

Key principle: This is a major hurdle for the prosecution in any theft case. 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.

Defense Application:

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

Illegal Search & Seizure in Theft/Burglary Cases

The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In many criminal cases, the Victorville, CA, police department will gather evidence through searches. If searches disobeyed regulations, the evidence can be thrown out and the state may not be able to move forward with your case.

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 at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded 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 — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.

In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — eliminating a single piece of highly damaging evidence — can substantially change the outcome. Suppression motions are fully litigated in Victorville, 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, 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: 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 Victorville, CA. False accusations can result from personal disagreements, misidentification by witnesses, 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 — aggressive and immediate defense is essential from the moment of accusation.

Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, if they didn't have a clear sightline, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.

Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; showing issues with how eyewitness identifications were obtained; attacking the character of the person making the allegations; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between different statements and testimony between witnesses.

If you are innocent: Do not confront witnesses, do not attempt to gather evidence independently, and do not tell your side of the story to the police without your theft attorney present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.

Lack of Knowledge — For some charges, the prosecution must prove you knew the property was obtained through theft. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

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

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

Diversion Programs — In many cases with first-time offenders, California offers sentencing alternatives that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.

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. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

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. Before you can do so, you will likely have to have fit the following critera: successfully completed all terms of probation, including fines and restitution; not have any pending criminal charges against you; and — in a newly added requirement — in many cases, must not have been incarcerated 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. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

Expungement under § 1203.4 carries meaningful practical benefits: In particular, you won't have to note any convictions on private job applications. That said, expungement does not seal a criminal record from all access — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

Critical Note: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is full sealing, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.

Relief Options:

• PC § 1203.4: Dismissal after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
• PC § 851.91: Seal records of arrests which did not end in a conviction
• SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
• Limitations: Still restricted from owning guns, and the police can still review these records

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Common Theft Crimes Questions in Victorville, CA

Is there a difference between petty theft and grand theft in Victorville, 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). Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Both require an attorney, but grand theft charges demand urgent and aggressive representation.

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


In many cases, 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 Victorville, CA?


First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. An attorney can make a major difference and help you with avoiding a conviction and keeping your record clean.

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


Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you sincerely weren't aware and didn't have a reason to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. That said, circumstances like strangely good deal or lack of receipts can be used against you, which is why an attorney is essential.

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


Extremely. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have a criminal record, you are at risk of harsher penalties. Call one of our theft crimes lawyers as soon as possible at (800) 755-5174.

What is a "wobbler" offense in California?


The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. 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. Even felony charges often have options short of state prison. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call our firm to review what options are available to you.

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


Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you actually took anything doesn't matter — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and arguments surrounding it — is critical to burglary defense.

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Fighting Theft Allegations in Victorville, CA? Contact Us to Protect Your Rights.

Every theft allegation is a big deal. Our firm is equipped to defend you — no matter when you need us. Contact us now for a free, confidential case review.

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