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Theft Lawyer Del Mar, CA

Theft Lawyer Del Mar, CA. Accusations. Arrests. Criminal charges. Theft accusations in particular can be scary, because they are often layered with multiple charges. On your own, it can feel impossible to win.

Even when you're up against the toughest battle of your life, 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 Del Mar, CA, theft crimes lawyer from our team on your case, every legal avenue will be explored to protect your rights.

Connect with a lawyer now at (800) 755-5174 or use our contact form for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.


The Importance of a Theft Lawyer in Del Mar, CA

You should never take theft allegations lightly, no matter what the specifics are. On your own, you're stuck trying to navigate a convoluted legal code and increase your risk of the following penalties:

  1. Prison Sentence: Most theft charges in Del Mar, CA, carry a potential jail sentence of six months or more.
  2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
  3. Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
  4. Stained Reputation: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
  5. And more.

If you want to avoid all of this, you need a distinguished Del Mar, CA, theft crimes lawyer. The Law Offices of David S. Chesley . Here's some of what sets us apart:

Top Qualities of Our Del Mar, CA Theft Defense Attorneys

Working with our expert Del Mar, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and why it matters for your theft case:

  • Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We know what weaknesses to exploit.
  • Longstanding Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
  • Trial-Ready From Day One — 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 — 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.
  • Stellar Reputation – We are renowned professionally and by clients.
  • Always Availalbe — We know that arrests don't happen on a schedule. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
  • 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.

Every Theft Charge We Defend in Del Mar, CA

Use the links below to jump 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 Cases We Fight in Del Mar, CA

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. Should you need a theft crimes lawyer in Del Mar, CA, don't hesitate: contact us now for a free, confidential consultation.

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

Petty Theft Charges vs Grand Theft Charges

In Del Mar, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property without their consent. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the classification will normally be petty theft, while higher values will typically 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 is usually more challenging because it is more frequently charged as a felony. Regardless of what you're up against, the right theft crimes lawyer will improve your chances of reaching a positive outcome.

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

Theft AccusationPetty TheftGrand Theft
Value Taken$950 or LessMore than $950
Charge Type?Usually MisdemeanorMisdemeanor or Felony
Misdemeanor PenaltiesUp to six months in jail, and up to $1,000 in finesUp to one year in jail, and up to $1,000 in fines
Felony PenaltiesUp to three years in prison, and up to $10,000 in finesUp to three years in prison, and up to $10,000 in fines

Shoplifting — Proposition 47 / Penal Code § 459.5

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

In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, most shoplifting charges are misdemeanors. That said, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Del Mar, CA theft crimes lawyer can help protect you from the worst consequences.

Organized retail theft (either a crime ring or repeated instances of shoplifting) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.

Shoplifting Possible Penalties:

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

Defensive strategies are: Lack of intent to steal, innocence, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.


Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. This is one of the most common mechanisms used in Del Mar, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.

If you're facing petty theft with a prior allegations, the prosecution must establish: (1) the suspect committed petty theft; and (2) the defendant has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.

Possible Penalties:

  • Charge Type: Wobbler
  • Misdemeanor Jail: Up to 1 year in county jail
  • Felony Prison: 16 months, 2 years, or 3 years
  • Applicable Priors: Previous theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Fight in Del Mar, CA

Whatever Del Mar, CA, vehicle theft charge you're facing, we can help you fight it. 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 comes from a section of California's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if the defendant did intend to return it, they're probably going to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, it's almost always better to be charged with joyriding in Del Mar, CA, since the prosecution is more likely to assign that as a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Even 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 get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Contact us today to start building your defense.


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

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.

The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).

Possible Penalties:

  • Charge Type: Wobbler (usually felony in Del Mar, 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 Del Mar, 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 Del Mar, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Del Mar, CA, joyriding cases are handled as misdemeanors. That said, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.

JoyridingGrand Theft Auto
Main DifferenceTemporarily deprivePermenantly deprive
Usual ChargeMisdemeanorFelony
Misdemeanor JailUp to 1 year—
Felony Prison—16 months, 2, or 3 years

Carjacking — California Penal Code § 215

If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Del Mar, CA prosecutor is likely going to pick carjacking over another offense. Due to the violent nature of the crime, carjacking is always a felony and 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

In Del Mar, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have a vehicle when you knew or should have know it was stolen, PC § 496d still applies, regardless of your involvement in its theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove were aware that the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.

Possible Penalties:

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

White Collar Crime Charges We Defend in Del Mar, CA

White collar crimes in Del Mar, CA, can be any one of a variety of charges, but they all share a common trait: misusing professional power for financial 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 is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.

Not all white-collar crimes involve financial exchanges, though (at least at face value). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing 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 permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.


White Collar Crimes — Overview

Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a position for personal benefit. These cases are some of the most complicated in Del Mar, CA, and normally require highly experienced representation to defend.

These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. 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 key element is the pre-existing lawful 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; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a charity collector taking cash donations while leaving other types alone.

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, employment restrictions

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 usually consists of three stages: placement (adding the dirty money into the legitimate financial system), layering (disguising the trail through complex transactions), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).

California's money laundering law is set to combat transactions higher than $5,000 when the alleged offender was aware that the money was dirty. Federal money laundering charges (18 U.S.C. § 1956) can also apply, risking up to two decades of prison time.

Possible Penalties (State):

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

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

Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Del Mar, CA, theft crimes lawyer is essential to advise you on how to address these charges.

What if they didn't accept the bribe? Both the person offering the bribe and the person accepting it could face charges in Del Mar, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.

Potential Penalties:

  • Charge Type: Felony
  • Prison: 2, 3, or 4 years state prison
  • Public Officials: Permanent ineligibility for office
  • Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

You can be charged with forgery in Del Mar, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers checks, receipts, stock certificates, vehicle titles, wills, warrants, prescriptions, identification documents, and many other types of written instruments.

What if I didn't steal anything with it? The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. Just the plan to commit fraud, in addition to the creation or use of the fake document, is sufficient for a conviction.

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 Del Mar, CA if you use someone else's personal information without permission to perform a restricted activity, including obtaining credit, goods, services, or medical information.

What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Simply taking and using someone else's information without permission is enough to violate California statute § 530.5. This makes it critical to work with an expert theft crimes lawyer whatever the specifics of your case.

Identity theft accusations are aggressively prosecuted in Del Mar, CA, and increasingly involve federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.

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 Del Mar, CA

Fraud is one of the most common white collar crimes in Del Mar, CA, and it has several subcategories. Generally speaking, someone who commits theft by acting dishonestly so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.

Insurance fraud is a popular type of fraud in Del Mar, CA, wherein someone lies to an insurance company to collect more money than they are supposed to. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout can be charged with insurance fraud.

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

Another common variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

An expert theft crimes lawyer in Del Mar, 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 Del Mar, CA, cover a vast range of conduct — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.


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

Many "fraud" charges in Del Mar fall under California's 'theft by false pretenses' law. This is when one person tricks another person through disonest means, who then freely gives up something of value based on the false information. The key element is that the victim willingly hands over the property as a result of being deceived.

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

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


Insurance Fraud — California Penal Code § 550

Lying to an insurance company to receive a payout or other benefit is insurance fraud. The Del Mar, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. An expert theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

Frequent examples include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; exaggerating property damage; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.

Possible 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: Loss of professional licenses

Credit Card Fraud — California Penal Code § 484e–484j

In Del Mar, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. You could be accused of using another individual's card without approvel, using a fake card or one acquired by theft, using an account number without physical possession of the card, or illegally acquiring or selling card account information.

Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, especially when accounts are used across state lines or online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.

Potential Penalties (State):

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

Welfare Fraud — California Welfare & Institutions Code § 10980

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

Common examples: Failing to report income; using fake identities to collect extra benefits; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.

Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A local Del Mar, CA, theft crimes lawyer can dissect the prosecution's case and greatly improve your case's outlook.

Potential Penalties:

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

Additional: 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 qualify forMedicare hospice benefits, the person being treated must have a projected lifespan of six months or less if their current health conditions progress in a typically expected manner — a threshold that fraudulent providers routinely falsify.

Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. These accusations are particularly dangerous because they are often charged in federal court in Del Mar, CA, meaning you're up against very difficult odds.

Important Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

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)
  • Extra: Exclusion from Medicare/Medi-Cal programs; license revocation

Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Del Mar, CA.

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.

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

Potential Penalties:

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

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

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically addresses false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Without an expert Del Mar, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Doctors, billing organizations, office managers, and clerical staff have all been accused of this violation at various points in time.

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, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare reimbursement, the person receiving care 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. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Del Mar, CA. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.

Warning: 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. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — 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 Del Mar, CA

Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Del Mar, 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. This is in contrast to 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.

That said, sometimes what started out as a burglary can end up with violent crime charges. 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 it can consist of any form of harm to the victim, including emotional or reputational. For example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.


Robbery, Extortion & Force-Related Theft

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. It's essential to get a theft crimes lawyer in Del Mar, CA to protect your freedom.


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. All robbery charges in California are felonies.

The state of California divides robbery charges into two degrees:

  • First-Degree Robbery: This is charged when the alleged offense took place:
    1. In someone's house, vehicle, or other building,
    2. In a taxi, or
    3. While the alleged victim was using an ATM
  • Second-Degree Robbery: This is charged in any other circumstances

The penalties are usually worse for first-degree robbery.

Possible Penalties:

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

Extortion (Blackmail) — California Penal Code § 518

A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to report someone to immigration authorities 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.

Potential Penalties:

  • Charge Type: Felony
  • Prison: 2, 3, or 4 years
  • Fines: Up to $10,000

Burglary Charges We Defend in Del Mar, CA

Burglary technically isn't always a theft crime, but it is closely related. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. Ordinarily, this is a building, like a retail store (which would make it commercial burglary), but not always. For example, if you supposedly broke a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. 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 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. The differences in charges had a major impact for several offenses and penalties. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Del Mar, CA (except in extreme cases).

Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to burglarize someone's home. It's common to face burglary and vandalism charges together in Del Mar, CA, making it all the more important to get an expert theft crimes lawyer to fight for your freedom.

Finally, you can face theft charges in Del Mar, CA, even if you didn't steal anything yourself. How does this happen? 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

Del Mar, CA burglary charges can be wildly different from one another, and may not even involve theft — 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 for the purpose of committing a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is what matters.

This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Del Mar, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

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

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

Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.

Your theft crimes lawyer in Del Mar, 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. Unlike residential burglary, vehicle burglary is a wobbler.

Common misconception: Stealing from an unlocked vehicle does not qualify for a burglary charge. 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

If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Del Mar, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

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

Potential Penalties:

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

Property & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

While 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 Del Mar, 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. Buying, selling, or disguising something that was stolen can lead to these charges.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at a great deal, without receipts, or from unknown sellers, does not make you guilty.

Potential Penalties:

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

Vandalism — California Penal Code § 594

Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.

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
  • Additional: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.

Without compounding charges, trespassing is normally charged as a misdemeanor or infraction. However, Del Mar, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.


Perjury — California Penal Code § 118

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

Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.

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)

California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. Because of this stealing even a 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.

As if fighting the charges in your local Del Mar, CA court weren't bad enough, you could also find yourself up against federal charges. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more important 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 Del Mar, CA, and enhanced sentencing applies. Prison sentences can be increased even further if the alleged victim was 70 years or older. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement can complicate cases further.

Examples: Caregiver taking money from a client's account; family member using power of attorney to take money; contractor overcharging vulnerable seniors; phising emails that impersonate loved ones.

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 Del Mar, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. Looting is considered a way of taking advantage of Del Mar while it's at its most vulnerable, and judges are never pleased by this. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Even if the supposed burglary or robbery failed, attempted theft charges will still apply. An attempt requires: (1) a mental state of deliberate criminal activity, and (2) a tangible step is taken towards breaking the law — 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 attempted robbery carries half the prison exposure of robbery. 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. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.


For any of the charges above, or more, when you call us, you can connect with an expert theft crimes lawyer in Del Mar, CA, who will help you break down and navigate the charges. As a team, we will defend your rights and your freedom.

What to Do if You're Accused of Theft

You need to take these accusations seriously. The Del Mar, CA, government is after you, you could be facing major legal consequences, and you need to defend your reputation as well as your innocence. Without help, it can seem impossible.

But you 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 Del Mar, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. Here are the steps we recommend taking:

1. Obey the Arresting Officer's Instructions

Nobody wants to be arrested. However, don't resist. Respectfully complying with the police officers will make the process go smoother. Resisting can only lead to additional charges.

2. Act Calm and Stay Silent

You may be questioned by the police – 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 you say something untruthful, you can be accused of perjury.

3. Reach Out to a Del Mar, CA, Theft Crimes Defense Attorney ASAP

In California, you will be given the opportunity to make three completed phone calls after being arrested. One of these should be to your theft crimes lawyer. Acting fast is important to protect your freedom. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Before you can leave the jail, you'll probably have to go through 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. Work With Your Attorney to Create a Defense Strategy

Finally, you work with your attorney to craft a strong defense. An accomplished theft crimes lawyer in Del Mar, CA, will hear your side of the story, negotiate for deals with the state, and argue for charges to be dismissed wherever possible.


Theft Lawyer Defensive Strategies

As expert theft crime attorneys, we know that each case's defense strategy must be tailored to the specific facts, circumstances, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in Del Mar, 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 a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. More related defenses consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).

Key principle: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. Challenging the intent element is not simply a fallback strategy. It is often the strongest available defense, particularly in cases involving family disagreements, where sometimes people can forget about who the formal owner of a piece of property is and unintentionally misuse it.

Using This Defense:

  • Grand Theft: 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

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If searches didn't follow the rules, the evidence can be suppressed and the state may be unable to proceed.

Common suppression issues in theft and property crime cases include: warrantless searches of vehicles, homes, or persons without valid legal justification; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the scope of a legitimate warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.

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 Del Mar, 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: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

The Del Mar, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can result from personal disagreements, misidentification by witnesses, misunderstandings about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. Being wrongly accused does not mean the charges will not proceed — you need a Del Mar, CA, theft crimes lawyer to protect your freedom.

One of the ways that innocent people are commonly accused in Del Mar, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, if they didn't have a clear sightline, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.

Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; showing issues with how eyewitness identifications were obtained; exposing bias or motive on the part alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different witnesses' versions of events.

If you are falsely accused: Do not confront witnesses, do not try to build your defense on your own, and do not tell your side of the story to the police without your theft lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — If you merely were holding property that turned out to be stolen, the Del Mar, CA, prosecutor must prove you were aware that the property was obtained through theft. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

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

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

Diversion Programs — For many offenders with no prior offenses, California offers diversion programs that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.

Challenging 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. You shouldn't face charges that are disproportionate to the alleged act.


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

California gives you options to clear your record and get a fresh start. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully completed all terms of probation, including 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 been incarcerated in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.

Expungement under § 1203.4 carries meaningful practical benefits: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. However, 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 does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Del Mar, CA who don't break any other laws after finishing their sentence, if enough time has passed.

Important: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is full sealing, to be able to legally own a gun again, or clearing a prior strike, a more comprehensive post-conviction strategy is required. 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 (available 1 year after the conviction)
  • PC § 851.91: Arrest record sealing where no conviction resulted
  • SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
  • Limitations: Does not restore firearm rights or remove record from law enforcement databases

  • Frequently Asked Questions About Theft Charges in Del Mar, CA

    What's the difference between petty theft and grand theft in Del Mar, 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. 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.

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

    Frequently, 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. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.

    What should I expect from first-time shoplifting charges in Del Mar, CA?

    While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Additionally, we can often secure alternative sentencing options which will keep you out of jail. 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?

    If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you genuinely didn't know and didn't have a reason to suspect it, that is a strong defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like an unusually low price or no documentation of ownership can erode your case, making it imperative that you hire a skillful theft crimes lawyer.

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

    Very serious. In Del Mar, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have any prior convictions, you are at risk of harsher penalties. Call us right away 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?

    You can avoid jail in many cases, actually. Del Mar, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. While felony charges can be harder to avoid prison for, it is still possible in some cases. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact us to understand what options exist in your case.

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

    Unfortunately, yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether or not you committed theft is irrelevant — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and how it's presented — is central to burglary defense.


    Up Against Theft Charges in Del Mar, CA? Contact Our Team to Protect Your Rights.

    Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our attorneys are ready to defend you — 24 hours a day, 7 days a week. You can call our attorneys today to start building your defense.

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  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico. Our client was the only defendant who received NO JAIL TIME!
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  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victim's mother DISMISSAL of all charges at preliminary hearing!
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  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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