Theft Lawyer Westlake Village, CA. Being arrested for theft is just the beginning . You might even be facing multiple theft charges at once. It can seem like there's no way out.
Even when all hope seems lost, there is an option who will fight for you: The Law Offices of David S. Chesley. Our legal team has the tools and training to fight against any theft and related charges. With a Westlake Village, CA, theft crimes lawyer from our team defending your freedom, you can rest assured that you're getting expert legal representation.
Connect with a theft crimes lawyer now at (800) 755-5174 or send us a message about your case for a free, confidential consultation. Waiting too long to reach out can cost you everything.
Why You Need a Leading Westlake Village, CA, Theft Defense Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. On your own, you're stuck trying to navigate a intricate legal system and potentially set yourself up for the below consequences:
- Prison Sentence: Westlake Village, CA, theft convictions can send you to prison, for years in some cases.
- Fines: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
- Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
If you want to avoid all of this, you need a distinguished Westlake Village, CA, theft crimes lawyer. You need the Law Offices of David S. Chesley. Look at what makes us the right attorneys for the job:
What Sets the Law Offices of David S. Chesley Apart
Not every criminal defense firm is created equal. Here's what set us apart — and how it will impact your case:
- Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We use that inside knowledge to dismantle the prosecution's strategy.
- Longstanding Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
- Trial-Ready From Day One — No matter what the charge is, we prepare as if for a trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Record Expungement Services — Our representation doesn't end at the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Excellent Reputation – We deliver results, and are known for doing so.
- Always Availalbe — We know that arrests don't happen on a schedule. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Completely 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 Westlake Village, CA
Click any charge below to navigate directly to a full breakdown 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
Westlake Village, CA, Theft Allegations We Defend Against
Our attorneys know how to fight theft crime cases. if you require a theft crimes lawyer in Westlake Village, CA, act fast: contact us now for a free consult to go over your charges.
Below are some of the main theft crime accusations we fight against in Westlake Village, CA:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: 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: If it was $950 or less, the charges will typically be petty theft, while higher values will ordinarily be grand theft.
Defending petty theft charges often lead to more positive outcomes, in part because they are often misdemeanors. On the other hand, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Here's a breakdown of what distinguishes petty and grand theft:
| Criminal Charge | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Often Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Regardless of what level of charge you're facing, a local Westlake Village, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in Westlake Village, CA.
Shoplifting Potential Penalties:
- Jail Sentence: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defense options include: Lack of intent to steal, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. This is one of the most common mechanisms used in Westlake Village, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To charge PC § 666, the Westlake Village, CA, district attorney must establish: (1) the suspect is guilty of petty theft; and (2) the defendant has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. 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: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Westlake Village, CA
We will fight against all sorts of vehicle theft crimes in Westlake Village, CA. An example that many people ask about is grand theft auto, but that's actually not its own charge. Grand theft auto is a smaller part of California's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. If the defendant did intend to return it, they're probably going to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, it's almost always better to be charged with joyriding in Westlake Village, CA, since the prosecution is more likely to assign that as a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". In the same vein as receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the car or truck can result in these charges.
At the Law Offices of David S. Chesley, you'll get a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Reach out today to start building your defense.
Grand Theft Auto — California Penal Code § 487(d)(1)
Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — all automobile thefts fall under the umbrella of "grand theft" in the state. 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.
Grand theft auto charges often hinge on your intentions during the alleged theft — if you were going to bring it back, then it wasn't technically a theft, it was joyriding.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Westlake Village, 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 is commonly charged with or in place of grand theft auto. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. Simply taking or driving someone's vehicle without permission is enough.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
Joyriding — California Vehicle Code § 10851
Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Westlake Village, CA, vehicle theft crimes lawyer to build you a solid defense.
It's typical for joyriding to be treated as a misdemeanor in Westlake Village, CA. That said, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Temporarily deprive | Permenantly deprive |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Westlake Village, CA prosecutor is likely going to pick carjacking over another offense. Because this action involves violence, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
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
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, you can be charged under PC § 496d — even if you had no role in the original 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 you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Westlake Village, CA
White collar crimes in Westlake Village, CA, can look very different from each other, but each of them share a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
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 can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. 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 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
Despite there being no physical harm involved, white collar charges are treated harshly by the law — prison sentences, massive fines, professional license revocation, and long-lasting stains on your reputation. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.
White Collar Crimes — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deceit, breach of trust, or abuse of a position for personal benefit. Westlake Village, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. Call us now if you have any reason to believe the police are looking into you. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The main feature is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It usually consists of three stages: placement (adding the dirty money into the legitimate financial system), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute is set to combat financial actions over $5,000 when the alleged offender was aware that the money was dirty. Federal money laundering charges (18 U.S.C. § 1956) can also apply, 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 order to affect the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what position you're in, a Westlake Village, CA, theft crimes lawyer is critical to advise you on how to address these charges.
Important: Both the person offering the bribe and the person accepting it can be charged in Westlake Village, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Westlake Village, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California Penal Code § 470 is broad and covers checks, receipts, contracts, deeds, power of attorney documents, warrants, notary public symbols, identification documents, and many other types of written instruments.
What if I didn't steal anything with it? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, combined with the act of creating or using the false item, is enough to be convicted.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Westlake Village, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, such as obtaining credit, property, services, or medical information.
What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Simply taking and using another person's information without authorization is enough to warrant a crime under California law. Because of this, you need to work with an expert theft crimes lawyer regardless of the specifics of your case.
Identity theft accusations are aggressively prosecuted in Westlake Village, CA, and increasingly involve 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 Westlake Village, CA
Fraud is one of the most common white collar crimes in Westlake Village, CA, and it has several subcategories. Generally speaking, someone who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is a basic type of this crime.
Insurance fraud is a popular type of fraud in Westlake Village, CA, wherein someone lies on an insurance claim to increase their benefit. For example, if someone were to hide their valuable property and claim it was stollen, that person commits insurance fraud.
This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another common form 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 you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Different Kinds of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Westlake Village, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses is one of the most common fraud charges in Westlake Village. These allegations are used when a 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: Lying about being a contest winner; pretending to be a tech support assistant; creating fake invoices; lying about the condition of goods sold.
Because the amount defrauded can vary, so does the penalty. It depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. The Westlake Village, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. An experienced theft crimes lawyer will fight the allegations and consider multiple defenses to help you find the best outcome possible
Frequent examples include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; 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: Loss of professional licenses
Credit Card Fraud — California Penal Code § 484e–484j
In Westlake Village, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. Charges can occur if someone is caught using another person's card without authorization, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally obtaining 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 the internet is involved. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Charges of welfare fraud in Westlake Village, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A premier Westlake Village, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.
Potential Penalties:
- Under $950 (most often): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: 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, a patient must be predicted to pass away within half a year if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.
Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. And as if it weren't bad enough going up against the Westlake Village, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important 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.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Extra: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges have particularly far-reaching consequences. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Westlake Village, CA theft lawyer who has your back.
While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Westlake Village, CA theft lawyer immediately.
Warning: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Both the person paying and the person receiving a kickback can face prosecution.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Ineligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud 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'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 Westlake Village, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Physicians, billing organizations, office workers, and clerks have all been accused of this violation at various points in time.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare benefits, the person receiving care must be homebound and require specialized care. Because of the particulars of the definition, these cases can vary wildly from one another.
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. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Westlake Village, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
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 — 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 Defend in Westlake Village, CA
There is often a crossover between theft and violent crime charges in Westlake Village, CA. One common example is robbery. A person commits robbery when they take something directly from another person by force. As opposed to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
That said, sometimes what started out as a burglary can end up with violent crime charges. 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 relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The alleged offender doesn't necessarily need to threaten physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. Beyond the felony charges themselves, you could also be up against a strike on your record. Your Westlake Village, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Being convicted of robbery will likely result in a prison sentence as well as a strike.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
Potential Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
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. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.
Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to post compromising photos of someone online if they leave; threatening to deny someone a rightful certification unless special favors are given.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Westlake Village, CA
Burglary is often charged along with theft in Westlake Village, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. This is commonly a building, like a convenience store (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
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 order to steal from the building. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Westlake Village, CA, heightening your need for a top quality theft crimes lawyer to defend you.
Lastly, even if you don't commit a theft, you can face related charges in Westlake Village, 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
People commonly think of burglary as entering someone's house to commit theft, but that's not how Westlake Village, CA law works — 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 for the purpose of committing 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 will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Westlake Village, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison Sentence: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not eligible for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. This charge is considered a wobbler and could be either a misdemeanor or a felony.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. Unlike residential burglary, vehicle burglary is a wobbler.
Key distinction: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. This is still against the law, but the burglary enhancement requires that the vehicle was secured in some way.
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. Westlake Village, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need the most experienced criminal defense team available, and you need them immediately.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Your Westlake Village, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. 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.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at an unusually low price, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Westlake Village, CA.
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
On its own, trespassing is normally charged as a misdemeanor or infraction. However, Westlake Village, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.
Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
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. This means stealing even a low-value firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
As if fighting the charges in your local Westlake Village, CA court weren't bad enough, you could also find yourself up against federal charges. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. 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
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.
This offense is aggressively prosecuted in Westlake Village, CA, and enhanced sentencing applies. Prison sentences can be increased even further if the alleged victim was 70 years or older. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; impostor pretends to be a law enforcement official.
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
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
If the enhanced penalties weren't enough on their own, the Westlake Village, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. Looting is considered a way of taking advantage of Westlake Village while it's at its most vulnerable, and judges are never pleased by this. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Trying to steal something and failing is still a crime in Westlake Village, CA. Attempted theft, burglary, or robbery in California needs to include: (1) the specific intent to commit the crime, and (2) some form of action that furthers the criminal ends — regardless of whether it was successful or not.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
For any of the charges above, or more, when you contact the Law Offices of David S. Chesley, you can connect with an expert theft crimes lawyer in Westlake Village, CA, who has the training and experience needed to find a path forward. Together, we will craft a staunch defense against the allegations.
Facing Theft Allegations? These Are Your Next Steps
Theft allegations are just the tip of the iceberg. The Westlake Village, CA, government is after you, not everyone will believe your side of the story, and a conviction could derail your life. When you're alone, it can seem impossible.
But you have an ally. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. With one of our Westlake Village, 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. Do Not Resist Arrest
While it's reasonable to feel angry about being arrested, don't resist. If you act civilly, it will make things go faster and easier. Refusing to comply can only lead to additional charges.
2. Act Calm and Stay Silent
It's common for police to interview you after an arrest – stay silent. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and you say something untruthful, you can be accused of perjury.
3. Reach Out to a Westlake Village, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. 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. 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 argue against the prosecution for your release. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Cooperate With Your Attorney to Make a Personalized Defense
This is perhaps the most important step: building a defense against the charges. A skillful theft crimes lawyer in Westlake Village, CA, will hear your side of the story, negotiate for deals with the state, and argue for charges to be dismissed whenever possible.
Theft Lawyer Defensive Strategies
Every theft case is different — and every defense strategy needs to be adapted to the specific details, evidence, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in Westlake Village, 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. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. More related defenses consist of: 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 (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).
Key point: 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. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.
Using This Defense:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities disobeyed regulations, the evidence can be suppressed and the district attorney may be unable to proceed.
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 conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the limits of a legal warrant. In Westlake Village, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can substantially change the outcome. Suppression motions are fully litigated in Westlake Village, CA, courts, and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can result from personal disagreements, cases of mistaken identity, mistaken assumptions about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.
One of the ways that innocent people are commonly accused in Westlake Village, 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 — most notably across racial lines, under poor lighting conditions, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Westlake Village, CA, court.
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; exposing bias or motive on the part alleged victim; 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 facing false allegations: Stay away from witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to police without your theft crimes lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Contact defense counsel immediately and say nothing.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the state must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.
Consent / Permission — Consent regarding your use of the property is a strong defense in Westlake Village, CA, theft cases. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.
Constitutional Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.
Sentencing Alternatives — Especially for offenders with no prior offenses, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. We identify every diversion opportunity available in your specific case.
Contesting the Property Valuation — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully completed all terms of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in several 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. 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: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Westlake Village, CA who don't break any other laws after finishing their sentence, if enough time has passed.
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 the total removal of the record, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Frequently Asked Questions About Theft Charges in Westlake Village, CA
What's the difference between petty theft and grand theft in Westlake Village, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. 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.
Does California allow me to expunge my record from a theft crime?
Frequently, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. If you want to leave the past behind and move on with your life, this can be a major step forward. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.
What should I expect from first-time shoplifting charges in Westlake Village, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. Working with a criminal defense lawyer can make a major difference and help you with avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you genuinely didn't know and had no reasonable basis to suspect it, that can form the basis of your defense. We often use this as a way to protect our clients from accusations. Keep in mind, though, that 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 Westlake Village, 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 could be up against increased sentences. Get in touch with us immediately at (800) 755-5174.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Several theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.
Will I go to jail for a theft charge?
Not necessarily. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call us to review what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether or not you committed theft doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. Because of this, intent evidence — and how it's presented — is central to burglary defense.
Accused of Theft in Westlake Village, CA? Call Right Away.
There is no such thing as a minor theft accusation. Our attorneys are equipped to defend you — no matter when you need us. Call now for a no-obligation consult on your case.
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