Theft Lawyer Westminster, 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 team of legal experts has extensive experience defending clients against all manner of theft crime charges. With a Westminster, CA, theft crimes lawyer from our team defending your freedom, you don't have to worry about how you'll handle things alone anymore.
Talk to a theft crimes attorney right away at (800) 755-5174 or connect with us online for a free, confidential consultation. Delays can cost you your freedom, and we're ready to fight for you today.
How a Westminster, CA, Theft Lawyer Can Help You
You should never take theft allegations lightly, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to navigate a intricate legal system and make it more likely that you'll face the following:
- Jail Sentence: Most theft charges in Westminster, CA, carry a potential jail sentence of six months or more.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- 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.
To maximize your chances of replacing these consequences with freedom, you'll need a Westminster, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley . Here's some of what sets us apart:
What Sets the Law Offices of David S. Chesley Apart
Working with our expert Westminster, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and the difference it will make for your case:
- Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We use that inside knowledge to dismantle the prosecution's strategy.
- Extensive Court Relationships — Decades of practice in Westminster, 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. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
- Expungement Services — We don't leave you behind after the verdict. Don't let an arrest or criminal record hold you back — speak with one of our Westminster, CA, criminal defense attorneys to discuss expungement options.
- Stellar Reputation – well-respected amongst both clients and peers.
- Always Availalbe — We know that arrests don't happen on a schedule. If you need help or an update, you can get a hold of us, whenever it is.
- Fully Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Every Theft Charge We Defend in Westminster, CA
Use the links below to navigate directly to a full explanation of the law, consequences, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Charges We Fight in Westminster, CA
Our attorneys know how to fight theft crime cases. If you need a theft crimes lawyer in Westminster, CA, don't wait: contact us right away for a no obligation review of your case.
Below are some of the main theft crime accusations we fight against in Westminster, CA:
Petty Theft Charges vs Grand Theft Charges
In Westminster, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property when you weren't allowed to. The main difference is the amount that was supposedly taken: If it was $950 or less, the classification will generally be petty theft, while any more will generally be grand theft.
Defending petty theft charges often lead to more positive outcomes, in part because they are often misdemeanors. However, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. In either case, a skillful theft crimes lawyer can help you minimize penalties.
Here's a breakdown of what distinguishes petty and grand theft:
| Theft Accusation | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Today, the majority of shoplifting cases are misdemeanors. However, 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 Westminster, CA theft crimes lawyer can help protect you from the worst consequences.
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 Westminster, CA.
Shoplifting Potential Penalties:
- Jail Time: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies are: 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
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Westminster, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.
If you're facing petty theft with a prior allegations, the state must establish: (1) the defendant engaged in petty theft; and (2) the defendant has previously been found guilty for certain crimes, mostly theft related — 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.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Westminster, CA
There are several vehicle theft charges we defend in Westminster, CA. One of the ones people commonly think of is grand theft auto, but that's technically not a law of its own. Grand theft auto is 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. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in Westminster, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Similar to receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Just owning or having the car or truck can result in these charges.
When you contact our law firm, you'll partner with a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Call today to start building your defense.
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. 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 and joyriding have a close relationship in Westminster, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Westminster, 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. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
In most circumstances, Westminster, CA, joyriding cases are handled as misdemeanors. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Temporarily deprive | Permenantly deprive |
| Typical 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. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Due to the violent nature of the crime, carjacking is always a felony and is often ineligible for probation.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
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
In Westminster, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have a vehicle that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. The state must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Westminster, CA
White collar crimes in Westminster, CA, can be any one of a variety of charges, but all of them have a common trait: abuse of an organization for personal gain.
Many 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 are centered around the exchange of money, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, and identity theft involves stealing another person's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.
Forgery, Identity Theft, Fraud & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Westminster, CA, but you'd be wrong. The punishments can be dire — prison sentences, massive fines, professional license revocation, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. What unites these offenses is the element of deceit, breach of trust, or abuse of a professional for personal gain. Westminster, 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. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. The sooner you bring in your legal defense, the better chance you have of a positive outcome.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.
Common contexts: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a non-profit director misusing donated funds.
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, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It ordinarilly is made up of three stages: 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 (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute specifically targets financial actions of more 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, carrying sentences up to 20 years.
Potential 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
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law criminalizes bribery in many contexts — government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Whatever form of bribery you've been accused of, a Westminster, CA, theft crimes lawyer is essential to advise you on how to address these charges.
Important: Both the person offering the bribe and the person accepting it could face charges in Westminster, 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
Westminster, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. California Penal Code § 470 is broad and covers checks, money orders, contracts, vehicle titles, power of attorney documents, warrants, prescriptions, identification documents, and many other types of written instruments.
Who can face forgery charges? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, in addition to the creation or use of the fake document, 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
You can face identity theft allegations in Westminster, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.
Crucially: You can be found guilty even if the alleged victim didn't lose any money. Just taking and using someone else's information without a legal reason is enough to warrant a crime under California law. Because of this, you need to work with an expert theft crimes lawyer whatever the specifics of your case.
Westminster, CA, identity theft allegations are very serious, and increasingly result in federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Westminster, CA
Fraud is a frequent white collar crime charge in Westminster, CA, and can be divided into smaller categories of its own. Generally speaking, someone who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is a basic type of this crime.
Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. As an example, if someone were to hide their valuable property and claim it was stollen, that person is guilty of 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 popular 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. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
An expert theft crimes lawyer in Westminster, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.
Types of Fraud, False Pretenses & Financial Deception
Fraud charges in Westminster, CA, cover a vast range of conduct — from simple misrepresentations to elaborate financial schemes. 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 is one of the most common fraud charges in Westminster. These allegations are used when one person tricks another person through disonest means, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Lying about being a contest winner; misrepresenting credentials to get paid for work; creating fake invoices; collecting donations for a nonexistent charity.
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. If you're facing insurance fraud charges in Westminster, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will protect your rights and analyze all the evidence to help you find the best outcome possible
Frequent examples include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; 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 twice what was defrauded
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Westminster, CA, go beyond credit cards and involve the misuse of financial account access information. This includes using another individual's card without authorization, using a fake card or one acquired by theft, 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 cards are used across state lines or some part of the alleged crime occurred online. 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 Westminster, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Failing to report income; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.
These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. Your premier Westminster, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.
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 occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, the recipient must have a projected lifespan of six months or less if their current health conditions progress in a typically expected manner — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
This type of fraud is more often alleged towards providers over patients. Because healthcare professionals have more access to control billing and provide diagnoses, they are at higher risk of being accused of hospice fraud. These accusations are particularly dangerous because they are often charged in federal court in Westminster, CA, meaning you're up against very difficult odds.
Critical Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. Providers are often unaware that an investigation is underway until a search warrant is executed.
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)
- 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 vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. 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 Westminster, CA theft lawyer who has your back.
Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. 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 Westminster, CA theft lawyer immediately.
Important: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. You can be accused of breaking this law whether you gave or received the money.
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: Mandatory exclusion from 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. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically addresses 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 Westminster, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Physicians, billing organizations, office workers, and clerical staff have all found themselves accused of health care fraud in the past.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud is a subcategory of Medicare and Medicaid fraud that specifically targets the fraudulent billing for in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare benefits, the care recipient must be homebound and require special 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. Home health fraud charges in Westminster, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Critical Note: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.
Potential Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Defend in Westminster, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Westminster, CA. One common example is robbery. A person commits robbery when they take something directly from another person by force. Versus 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. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. You're almost guaranteed to be facing felony charges. Immediate Westminster, CA, legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Robbery is always a felony and always a strike offense.
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.
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. 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 damage someone's storefront unless they pay "protection money;" threatening to deny someone a rightful certification unless special favors are given.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Westminster, CA
Burglary technically isn't always a theft crime, but it is closely related. California defines burglary as entering a location without permission in order to steal something or commit another crime. Ordinarily, this is a structure, like a storefront (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.
Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. But that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. These changes had an immediate impact, even for people who had already been convicted. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Westminster, 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 breaking a window 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 Westminster, CA, making it all the more important to get a top quality theft crimes lawyer to defend you.
Lastly, you can face theft charges in Westminster, CA, even if you didn't steal anything yourself. How does this happen? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.
Burglary, Home Invasion & Related Charges
People commonly think of burglary as entering someone's house to commit theft, but that's not how Westminster, CA law works — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place with the intent to commit a theft or any felony inside. This means that you can be found guilty even without actually committing theft. The reason that you went there is what matters.
This charge 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 Westminster, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison Sentence: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not available for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. This charge is considered a wobbler and could be either a misdemeanor or a felony.
Your theft crimes lawyer in Westminster, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
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. This charge commonly arises when someone smashes a car window to take items left inside. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Important note: The vehicle must be locked for a burglary charge to apply. An unlocked vehicle can still lead to theft charges, but the burglary enhancement requires that the vehicle was secured in some way.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
At the intersection of burglary and violent crimes are home invasion charges. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. 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 facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.
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 no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. You need a Westminster, 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
You don't have to steal something to face theft-related criminal charges. California law makes it illegal to hide, purchase, sell, or otherwise possess stolen property, regardless of whether or not you're the one who stole it.
Receiving stolen property charges can fall apart if you can prove you weren't aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items that are cheaply listed, without knowing their full history, or from unknown sellers, does not make you guilty.
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 charges are about more than just graffiti; if Westminster, 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.
Standing alone, trespassing is typically charged as a misdemeanor or infraction. However, Westminster, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.
Possible 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)
Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. This means stealing even a low-value firearm will end up with a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
Federal firearms theft charges may also apply. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more important to have an attorney with the skills to fight for you at all levels.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.
The prosecution in Westminster, CA, does not take these charges lightly and usually pursues harsh penalties. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; impostor pretends to be a law enforcement official.
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
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
In Westminster, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. 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
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. Attempted theft, burglary, or robbery in California needs to include: (1) a mental state of deliberate criminal activity, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
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.
No matter what you've been accused of, when you contact our firm, you can connect with an expert theft crimes lawyer in Westminster, CA, who will listen to your side of the story and build a defense around that. Together, 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. You're up against the Westminster, CA, prosecutor's office, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. When you're alone, the odds can seem insurmountable.
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 Westminster, 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. Be polite and respectful during the process. Fighting back can only make things worse.
2. Act Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – 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 if anything you say is untruthful, you can be accused of perjury.
3. Call a Westminster, CA, Theft Crimes Defense Attorney ASAP
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. Getting legal assistance quickly can protect you from making mistakes that will come back to hurt you later. 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 firm's theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Work With Your Attorney to Build Your Defense
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in Westminster, CA, will take the time to listen to you, negotiate with the state, and argue for charges to be dismissed whenever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy needs to be customized to the specific facts, evidence, and allegations. If you're up against theft allegations in Westminster, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.
Lack of Intent / Claim of Right Defense in Theft Cases
If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. In Westminster, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Additional intent-based defenses include: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, especially 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: 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
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, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities violated constitutional requirements, the evidence can be suppressed and the district attorney may be unable to proceed.
Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legal warrant. In Westminster, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Westminster, CA, courts, and are an essential tool for the defense when facing theft charges.
Suppression Scenarios:
- Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
- Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: 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 stem from personal disputes, misidentification by witnesses, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Even if you're innocent, you're still at risk of going to prison for something you didn't do — you need a Westminster, CA, theft crimes lawyer to protect your freedom.
False accusations in Westminster, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. 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 Westminster, CA, court.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; exposing bias or motive on the part the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between different statements and testimony between witnesses.
If you are facing false allegations: Do not confront witnesses, do not attempt to gather evidence independently, and do not talk to the police without your theft attorney present. You might make a mistake, or the police might misinterpret something you say. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — In some cases, the Westminster, CA, prosecutor must prove you were aware that the property was obtained through theft. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Theft requires that property be taken without the owner's consent. It's not illegal to use someone else's property if you had permission.
Rights Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Diversion Programs — For many first-time offenders, California offers diversion programs that can protect you from a conviction. We identify every diversion opportunity available in your specific case.
Contesting the Value of Property — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. We'll show the true value of the property and argue for lesser charges.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — as a more recent restriction — in many cases, must not have spent time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
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.
Here are some of the advantages of getting your theft conviction expunged: Of note, you won't have to note any convictions on private job applications. That said, expungement does not seal a criminal record from all access — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.
Critical Note: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.
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: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Westminster, CA
What's the difference between petty theft and grand theft in Westminster, 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.
Is it possible to expunge a theft conviction in California?
Often, yes. California law lets you expunge several types of theft convictions (including felonies) from your record after completing 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 happens if I'm charged with shoplifting for the first time in Westminster, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Additionally, we can often secure alternative sentencing options which will keep you out of jail. Our theft crimes attorneys can significantly improve your odds of avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you sincerely weren't aware 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. That said, circumstances like strangely good deal or lack of receipts can lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Westminster, CA?
Very serious. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have any prior convictions, you may also face enhanced sentencing. 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. Many theft-related offenses — including 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 specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Call us to understand what options you have.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether or not you committed theft doesn't matter — the prosecution's goal is to show that you trespassed and had that event. Because of this, intent evidence — and how it's presented — is central to burglary defense.
Accused of Theft in Westminster, CA? Contact Our Team to Defend Your Freedom.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our attorneys are equipped to defend you — whenver you need help. Your first consultation is completely free and confidential.
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