Theft Lawyer Banning, CA. Nobody wants to be in a situation where they're facing criminal charges. If you're facing theft allegations, the system can move against you extremely fast. It might look like all hope is lost.
Even when the charges are piling up against you, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our team of legal experts has the tools and training to fight against any theft and related charges. With a Banning, CA, theft crimes lawyer from our team at your side, you're going to get honest advice on how to get the best outcome possible.
Talk to an attorney now at (800) 755-5174 or send us a note online for a free, confidential consultation. Waiting too long to reach out can cost you everything.
How a Banning, CA, Theft Lawyer Can Help You
Theft charges need to be treated seriously, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to decipher a intricate legal system and increase your risk of the following penalties:
- Prison Sentence: Banning, CA, theft convictions can send you to prison, for years in some cases.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Reputational Damage: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Banning, CA, theft crimes lawyer. The Law Offices of David S. Chesley is ready to help. Here's some of what sets us apart:
What Sets the Law Offices of David S. Chesley Apart
Picking the right Banning, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and why it matters for your theft case:
- A Team Of Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We use that inside knowledge to dismantle the prosecution's strategy.
- Deep Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Banning, CA prosecutors and judges, which we will use when securing plea deals.
- Defenses Built for Trial — We prepare every case as if it's going to trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- Record Expungement Services — Even after the fact, we're still here to help. You deserve to move forward with your life, and we can help you do it.
- Terrific Reputation – well-respected amongst both clients and peers.
- 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 — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.
Theft Charges We Defend in Banning, CA
Use the links below to navigate directly to a full explanation of the law, penalties, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Banning, CA, Theft Allegations We Defend Against
With over 50 years of combined legal experience, we have what it takes to protect your rights. When you need a theft crimes lawyer in Banning, CA, don't hesitate: contact us now for a no obligation review of your case.
Our lawyers can help you fight all of the following allegations:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: Petty theft and grand theft. You can face these charges for taking someone's possessions without their consent. The main difference is the amount that was supposedly taken: If it was $950 or less, the charges will generally be petty theft, while higher values will generally be grand theft.
Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Regardless of what you're up against, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Theft Charges | 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
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.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since Proposition 47, most shoplifting charges are misdemeanors. That said, 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 Banning, CA theft crimes lawyer can help protect you from the worst consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is increasingly prosecuted aggressively by Banning, CA, prosecutors following recent state legislation.
Shoplifting Possible Penalties:
- Jail Sentence: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defense options include: Lack of intent to steal, innocence, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Not every prior offense in Banning, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
If you're facing petty theft with a prior allegations, the Banning, CA, district attorney must establish: (1) the accused is guilty of petty theft; and (2) the accused 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.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Banning, CA
There are several vehicle theft charges we defend in Banning, CA. The first one that probably comes to mind is grand theft auto, but that's technically not a unique charge. Grand theft auto comes from a section of the state's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if the alleged offender wasn't going to keep it, they're more likely to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, joyriding charges are almost always better to face in Banning, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Just like receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or keeping the car or truck can get you arrested for possession of a stolen vehicle.
When you contact our law firm, you'll work with 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 protecting your freedom.
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 Banning, 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 Banning, 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 one of the main vehicle theft laws in California. 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 charge is popular in Banning, CA, courts as either a plea deal or as its own charge.
Joyriding — California Vehicle Code § 10851
Joyriding refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Banning, CA, vehicle theft crimes lawyer to build you a solid defense.
It's typical for joyriding to be treated as a misdemeanor in Banning, CA. That said, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because this action involves violence, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have or are storing a car that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
This charge 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 were aware that 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 Banning, CA
White collar crimes in Banning, CA, can be any one of a variety of charges, but they all have one thing in common: abuse of an organization for personal gain.
Most white collar crimes are non-violent, and even non-physical, forms of theft. 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 is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.
Not all white-collar crimes are transactional in nature, though (at least at first glance). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of someone's personal information. You can face either of these charges without having taken money from the alleged victim.
Embezzlement, Identity Theft, Bribery & More
Despite there being no physical harm involved, white collar charges are treated harshly by the law — years in prison, financial penalties, professional license revocation, and long-lasting stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.
White Collar Crimes — Overview
Individual "white collar crimes" can look very different from each other. What unites these offenses is the element of deception, breach of trust, or abuse of a position for personal gain. Banning, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
White collar cases are often investigated for months or even years before charges are filed. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Hypothetical examples: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; 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
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It commonly consists of three stages: placement (bringing the illegally-obtained money into the economy), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).
California's money laundering law specifically targets transactions higher than $5,000 conducted with knowledge that the money was obtained through criminal activity. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. 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 Banning, CA, theft crimes lawyer is essential to give you insights into successful defense strategies.
Important: Whether you offered or accepted a bribe, you can be charged in Banning, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers bills, money orders, stock certificates, deeds, power of attorney documents, court orders, notary public symbols, identification documents, and many other types of written instruments.
What if I didn't use the forged document? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the act of creating or using the false document, is sufficient 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 Banning, CA if you use someone else's personal information without permission to perform a restricted activity, such as obtaining credit, property, services, or medical information.
Important factor: No financial loss to the victim has to occur for a conviction. Simply taking and using another individual's information without a legal reason is enough to trigger criminal charges under state law. Because of this, you need to work with an expert theft crimes lawyer whatever the particular of your case.
Identity theft accusations are aggressively prosecuted in Banning, 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 Banning, CA
Fraud is a frequent white collar crime charge in Banning, CA, and can be divided into smaller categories of its own. Broadly 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, after a car accident, a person who lies about how much damage was caused to get a bigger payout can be charged with insurance fraud.
A related fraud crime is 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 variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
An expert theft crimes lawyer in Banning, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.
Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Banning, CA — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when one person intentionally deceives another through false statements or misrepresentations, causing them to voluntarily transfer money or property. 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; 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
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. The Banning, 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 protect your rights and consider multiple defenses to help you find the best outcome possible
Common forms include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.
Possible Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or twice what was defrauded
- Restitution: Full repayment to insurer
- Additional: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Banning, CA, go beyond credit cards and involve the misuse of financial account access information. Charges can occur if someone is caught using another person's card without permission, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently acquiring or selling card account information.
Regarding federal charges: You are likely to face both federal and state charges, especially when cards 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
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Failing to report income; misrepresenting household composition; Trading or selling food stamps; pretending that a child is still a dependent when they are not; not reporting new circumstances that would end benefits eligibility.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your premier Banning, CA, theft crimes lawyer can help show issues in the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (commonly): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Banning, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To be eligible forMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
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. And as if it weren't bad enough going up against the Banning, CA, government, you're likely to face federal charges and accusations from federal investigators.
Critical Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware that an investigation is underway until a search warrant is executed.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's Medicare program. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Banning, CA theft lawyer who has your back.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Critical Note: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Providers and referrers are both at risk of prosecution under these circumstances.
Possible Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: 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.
You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. These are some of the most complicated cases to defend in Banning, CA, as they often involve extensive medical records and expert testimony/analysis. Doctors, billing companies, office managers, and clerks have all found themselves accused of health care fraud in the past.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare reimbursement, the care recipient must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.
One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Home health fraud charges in Banning, 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.
Important: The United States' Stark Law makes it a crime for a doctor to refer a medicare patient to a home health company, if the doctor makes money from that company. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.
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 Fight in Banning, CA
There is often a crossover between theft and violent crime charges in Banning, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
However, some thefts which did not start out violent can end up involving violence. 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 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 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
Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. Beyond the felony charges themselves, you could also be up against a strike on your record. Your Banning, 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 taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. All robbery charges in California are felonies.
California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.
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 release private photos unless money is provided; threatening to harm someone's reputation unless granted a professional favor.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Banning, CA
Burglary is often charged along with theft in Banning, CA. California defines burglary as entering a location without permission in order to steal something or commit another crime. Ordinarily, this is a building, like a storefront (which would make it commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. 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.
Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to 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 Banning, CA, making it all the more important to get an experienced theft crimes lawyer to defend you.
Finally, even if you don't commit a theft, you can face related charges in Banning, 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 Banning, 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
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. The intent at the moment of entry is the key to burglary charges.
This charge is always a felony and will add a strike to your record upon a conviction. This is one of the most serious theft-adjacent charges in California law, and Banning, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison Term: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
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.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Banning, CA prosecutor interprets the circumstances.
Important note: The vehicle must be locked for a burglary charge to apply. 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
At the intersection of burglary and violent crimes are home invasion charges. Banning, 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.
As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are facing home invasion charges, you need the most experienced criminal defense team available, and you need them right away.
Potential Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. You need a Banning, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. 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.
The prosecution must prove you knew — or had reason to know — the property 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 prove that you were aware the items were stolen.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Banning, 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.
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. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.
On its own, trespassing is ordinarilly charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
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.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
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. Due to this stealing even a nearly worthless firearm results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
Federal firearms theft charges may also apply. The potential dual nature of these charges multiplies the complexity. And it's even more essential to have an attorney that has wide resources and strong legal skills.
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) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
This offense is aggressively prosecuted in Banning, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. 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; phising emails that impersonate loved ones.
Potential Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
These charges are often looked upon very negatively in Banning, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. If you allegedly broke into a business building during a wildfire and took some of its merchandise, you could face looting allegations.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. For it to be considered an attempt, the prosecution needs to prove two things: (1) a mental state of deliberate criminal activity, and (2) a direct, unequivocal act toward committing it — regardless of whether it was successful or not.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
Regardless of what charge you're facing, when you contact us, you can speak with an expert theft crimes lawyer in Banning, CA, who will listen to your side of the story and build a defense around that. As a team, we will craft a staunch defense against the allegations.
Facing Theft Allegations? These Are Your Next Steps
Being charged with theft can be intimidating. The Banning, CA, government is after you, not everyone will believe your side of the story, and a conviction could derail your life. Without help, 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 Banning, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. If you're up against theft crime accusations, here are our recommendations:
1. Comply With the Police
Nobody wants to be arrested. However, don't resist. Respectfully complying with the police officers will make the process go smoother. Fighting back can only lead to additional charges.
2. Remain Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – don't talk. 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 charged with perjury.
3. Call a Banning, CA, Theft Crimes Defense Attorney ASAP
In California, people who have been arrested are given three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. You can reach us 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. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Coordinate With Your Attorney to Make a Personalized Defense
With the right attorney by your side, it's time to create a strategy to fight the charges. An accomplished theft crimes lawyer in Banning, CA, will hear your side of the story, negotiate with the prosecution, and fight for a dismissal wherever possible.
Theft Lawyer Defensive Strategies
Every theft case is different — and every defense strategy needs to be tailored to the specific facts, circumstances, and allegations. Below, you can read about some of the popular ways we will fight theft cases in Banning, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Similar defenses include: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key point: This is a major hurdle for the prosecution in any theft case. Challenging the intent element is not simply a fallback strategy. This is a key part of nearly all theft defenses, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.
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: Attacks the knowing misrepresentation element
- 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 theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the investigators disobeyed regulations, the evidence can be suppressed and the prosecution may need to drop charges.
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 appropriate legal authority; and searches that exceeded the limits of a legal warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
If this applies to your case, it can be a major win for your defense. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can make a big difference. Suppression motions are fully litigated in Banning, CA, courts, and frequently come up in theft cases.
Suppression Scenarios:
- Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can arise from personal disagreements, witnesses mistaking the defendant for someone else, 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 — aggressive and immediate defense is essential from the moment of accusation.
One of the ways that innocent people are commonly accused in Banning, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, in scenarios of poor visibility, or when things moved too fast. Even if the witness is sure, they could be mistaken. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Banning, CA, court.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; showing issues with how eyewitness identifications were obtained; attacking the character of the accuser; presenting expert testimony on the issues with eyewitness testimony; and highlighting inconsistencies between witness statements made at different points in time.
If you have been falsely accused: Stay away from witnesses, do not try to build your defense on your own, 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. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the Banning, CA, prosecutor must prove you knew the property was obtained through theft. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — Theft requires that property be taken without the owner's consent. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.
Constitutional 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.
Sentencing Alternatives — In many cases with offenders without a record, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. If you are eligible, we will explore it as an option to protect your freedom.
Disputing the Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
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, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully completed all terms of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — in a newly added requirement — in many cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
Here are some of the advantages of getting your theft conviction expunged: Of note, job applications become a lot easier, as you won't have to mention your conviction. That said, there are still some restrictions in the expungement process — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Critical Note: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Banning, CA
Is there a difference between petty theft and grand theft in Banning, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Grand theft charges will require elite legal representation in particular, though you will always need a theft crimes lawyer to defend you, regardless of the specifics.
Can a theft charge be expunged from my record in California?
Frequently, yes. For probation sentences, expungement is often offered conditionally upon your completion. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What happens if I'm charged with shoplifting for the first time in Banning, CA?
While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. An attorney can make a major difference and help you with avoiding a conviction and keeping your record clean.
I didn't know the property was stolen. Can I still be convicted?
Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you sincerely weren't aware and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. This is a strategy we frequently lean on in receiving stolen property cases. Keep in mind, though, that circumstances like an unusually low price or no documentation of ownership can be used against you, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in Banning, CA?
Extremely. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have any prior convictions, you are at risk of harsher penalties. Get in touch with one of our attorneys right away if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. Many theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
Not necessarily. Banning, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact 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 you actually took anything is irrelevant — 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 critical to burglary defense.
Facing a Theft Charge in Banning, CA? Call Our Firm Now.
You need a theft crimes lawyer to protect you. It's not about innocence or guilt — it's about getting help navigating the Banning, CA, legal system. The Law Offices of David S. Chesley is equipped to defend you — no matter when you need us. You can call our attorneys today to start building your defense.
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