Theft Lawyer Diamond Bar, CA. Nobody wants to be in a situation where they're facing 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 all hope seems lost, you have a path forward: The Law Offices of David S. Chesley. Our team of legal experts has what it takes to guard your freedom against the prosecution. With a Diamond Bar, CA, theft crimes lawyer from our team on your case, every legal avenue will be explored to protect your rights.
Speak with an attorney right away at (800) 755-5174 or send us a message about your case 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.
How a Diamond Bar, CA, Theft Lawyer Can Help You
Theft crime accusations are always a big deal, regardless of whether or not you're innocent. On your own, you're stuck trying to figure out a complex legal system and potentially set yourself up for the below consequences:
- Jail Sentence: Most theft charges in Diamond Bar, CA, carry a potential jail sentence of six months or more.
- Fines: 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.
To maximize your chances of replacing these consequences with freedom, you'll need a Diamond Bar, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:
Top Qualities of Our Diamond Bar, CA Theft Defense Attorneys
Working with our expert Diamond Bar, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and the difference it will make for your case:
- Former District Attorneys & Judges — We have experience and insights from our time in other areas of the law. 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 Diamond Bar, CA prosecutors and judges, which we will use when securing plea deals.
- Trial-Ready From Day One — Misdemeanor or felony, we build your defense to be trial-ready. 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. Don't let an arrest or criminal record hold you back — speak with one of our Diamond Bar, CA, criminal defense attorneys to discuss expungement options.
- Terrific Reputation – well-respected amongst both clients and peers.
- Available 24/7 — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
- Fully Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Theft Charges We Will Fight in Diamond Bar, CA
Click any charge below to jump directly to a full breakdown of the law, consequences, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Cases We Fight in Diamond Bar, CA
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. if you require a theft crimes lawyer in Diamond Bar, CA, don't wait: 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
While there are many different theft case types in Diamond Bar, CA, odds are high you're facing one of these two: 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: If it was $950 or less, the charges will ordinarily be petty theft, while any more will generally be grand theft.
Defending petty theft charges often lead to more positive outcomes, in part because they are often misdemeanors. On the other hand, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, the right theft crimes lawyer will improve your chances of reaching a positive outcome.
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? | Ordinarilly Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Today, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Regardless of what level of charge you're facing, a local Diamond Bar, 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 increasingly prosecuted aggressively by Diamond Bar, 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
Potential defenses are: Lack of intent to steal, mistake of fact, 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
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. This is one of the most common mechanisms used in Diamond Bar, 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 Diamond Bar, CA, district attorney must establish: (1) the defendant performed petty theft; and (2) the defendant has previously been found guilty for certain crimes, mostly theft related — especially if the sentence included incarceration. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. 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.
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 Fight in Diamond Bar, CA
We will fight against all sorts of vehicle theft crimes in Diamond Bar, CA. The first one that probably comes to mind is grand theft auto, but that's technically not its own charge. Grand theft auto comes from a section of California's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if the defendant did intend to return it, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, joyriding charges are almost always better to face in Diamond Bar, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Even just owning or having the car or truck can result in these charges.
When you work with us, you'll get a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Call now to start making your case.
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 — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. This means even stealing a beater worth $200 can result in a grand theft auto charge.
Grand theft auto and joyriding have a close relationship in Diamond Bar, 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 Diamond Bar, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. If you deprive someone of their vehicle with any intentions, this law applies.
Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.
Joyriding — California Vehicle Code § 10851
Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Diamond Bar, CA, vehicle theft crimes lawyer to build you a solid defense.
In most circumstances, Diamond Bar, CA, joyriding cases are handled as misdemeanors. However, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Temporarily deprive | Permenantly deprive |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. 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.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
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 Diamond Bar, 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, 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 you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Diamond Bar, CA
White collar crimes in Diamond Bar, CA, vary widely in context and action, but each of them have a common trait: abuse of an organization for personal gain.
Many 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 an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes are centered around the exchange of money, though (at least not directly). 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. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.
Embezzlement, Money Laundering, Bribery & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Diamond Bar, CA, but you'd be wrong. The punishments can be dire — prison sentences, financial penalties, major career setbacks, and permanent stains on your reputation. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.
White Collar Crimes — Overview
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. What unites these offenses is the element of deceit, breach of trust, or abuse of a position for personal gain. These cases are some of the most complicated in Diamond Bar, CA, and normally require highly experienced representation to defend.
In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. Call us now if you have any reason to believe the police are looking into you. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement 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 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 payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
Possible 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: Repay alleged victims, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It commonly consists of three stages: placement (adding the dirty money into the legitimate financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute is set to combat 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.
Potential 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 people in certain positions of power. California law targets multiple forms of bribery — that of elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever form of bribery you've been accused of, a Diamond Bar, CA, theft crimes lawyer is important to advise you on how to address these charges.
Important: Whether you offered or accepted a bribe, you can be charged in Diamond Bar, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
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
Forgery involves creating, altering, or using a false document with intent to defraud. State law is broad and covers checks, receipts, contracts, vehicle titles, wills, court orders, prescriptions, lottery tickets, and many other types of written instruments.
Who can face forgery charges? You can be charged with forgery even if no one was actually defrauded. Just the plan to commit fraud, combined with the act of creating or using 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 Diamond Bar, CA if you use someone else's personal information without permission to perform a restricted activity, such as obtaining credit, goods, services, or medical information.
Important factor: No financial loss to the victim has to occur for a conviction. Just obtaining and using someone else's information without permission is enough to warrant a crime under state law. Because of this, you need to work with an expert theft crimes lawyer regardless of the particular of your case.
Diamond Bar, CA, identity theft allegations are very serious, and often involve federal charges for more serious, widespread, or online cases.
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 Diamond Bar, CA
Fraud is one of the most common white collar crimes in Diamond Bar, CA, and it has several subcategories. Generally speaking, a person who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.
Insurance fraud is a popular type of fraud in Diamond Bar, CA, wherein someone lies on an insurance claim to increase their benefit. For example, if someone were to hide their valuable property and claim it was stollen, that person commits insurance fraud.
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 notable variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Different Kinds of Fraud, False Pretenses & Financial Deception
You could face accusations of fraud in Diamond Bar, CA, for a wide variety of actions — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. These cases are often document-heavy and require a theft crimes lawyer who understands both the law and financial evidence.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses is one of the most common fraud charges in Diamond Bar. These allegations are used when a person intentionally deceives another through false statements or misrepresentations, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Lying about being a contest winner; misrepresenting credentials to get paid for work; creating fake invoices; collecting donations for a nonexistent charity.
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. Insurance fraud charges are always a big deal, and are often felonies in Diamond Bar, CA. An expert theft crimes lawyer will protect your rights and negotiation with the prosecutor 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; fabricating injuries; double billing for a health service.
Potential Penalties:
- Felony Prison: 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: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
You can face credit card fraud charges in Diamond Bar, CA, for a variety of actions done with a credit or debit card. Charges can occur if someone is caught using someone else's card without authorization, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently taking or selling card account information.
Note on federal charges: You are likely to face both federal and state charges, particularly when accounts are used across state lines or some part of the alleged crime occurred online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.
Possible Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Charges of welfare fraud in Diamond Bar, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Failing to report income; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.
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 local Diamond Bar, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.
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: Loss of future benefit eligibility
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To qualify forMedicare hospice benefits, the person being treated must have a terminal prognosis of six months or less to live if their current health conditions progress in a typically expected manner — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. These accusations are particularly dangerous because they are often charged in federal court in Diamond Bar, CA, meaning you're up against very difficult odds.
Warning: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- 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. In Diamond Bar, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Diamond Bar, CA theft lawyer immediately.
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.
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: Loss of eligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically targets 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 Diamond Bar, 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 companies, office workers, and clerical staff 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 medical social services. In order to be eligible for Medicare benefits, the person receiving care must be homebound and require skilled care. Because of the particulars of the definition, these cases can vary wildly from one another.
A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Home health fraud charges in Diamond Bar, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Warning: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — even if you broke the law accidentally.
Possible Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Fight in Diamond Bar, CA
There is often a crossover between theft and violent crime charges in Diamond Bar, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. As opposed to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
However, some thefts which did not start out violent can end up involving violence. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.
Extortion is a unique form of 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 it can consist of any form of harm to the victim, including emotional or reputational. 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. You're almost guaranteed to be facing felony charges. Your Diamond Bar, 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
Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. All robbery charges in California are felonies.
Your robbery charge in Diamond Bar, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.
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
Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to report someone for a crime unless paid; threatening to post compromising photos of someone online if they leave; threatening to deny someone a rightful certification unless special favors are given.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Diamond Bar, CA
Burglary charges in Diamond Bar, CA, are distinct from theft, but often go hand-in-hand. California defines burglary as entering a location without permission in order to steal something or commit another crime. This is commonly a building, like a storefront (in which case it would be commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would be considered 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, what you were allegedly planning to do in a location can be just as important as how you got access to it.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. The differences in charges had a major impact for several offenses and penalties. Today, shoplifting is no longer a subset of burglary offenses in Diamond Bar, CA, and faces more lenient penalties if convicted.
Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, 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 Diamond Bar, CA, doubling the importance of working with an expert theft crimes lawyer to fight for your freedom.
Lastly, there is a theft charge you can be accused of in Diamond Bar, CA, even if you didn't steal something. 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
California burglary law is broader than most people realize — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.
Residential Burglary (First Degree) — California Penal Code § 459
The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence for the purpose of committing a theft or any felony inside. Nothing actually needs to be stolen. The reason that you went there is the key to burglary charges.
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 Diamond Bar, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not eligible for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. You could face either misdemeanor or felony charges for this offense.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. This charge commonly arises when someone smashes a car window to take items left inside. This could be either a misdemeanor or a felony, depending on how the Diamond Bar, CA prosecutor interprets the circumstances.
Common misconception: The vehicle must be locked for a burglary charge to apply. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Diamond Bar, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. 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. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without knowing their full history, or from unknown sellers, does not make you guilty.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Diamond Bar, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- 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 the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
On its own, trespassing is typically charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.
Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. Because of this the theft of even a low-value firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.
To make things worse, you may also have to fight in federal court. The potential dual nature of these charges multiplies the complexity. And it's even more 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 Diamond Bar, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.
Examples: Caregiver overcharging for services; family member doesn't provide an agreed upon level of care; 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
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
In Diamond Bar, 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 Diamond Bar while it's at its most vulnerable, and judges are never pleased by this. 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
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. An attempt requires: (1) a mental state of deliberate criminal activity, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.
Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
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. 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 contact us, you can connect with an expert theft crimes lawyer in Diamond Bar, CA, who has the training and experience needed to find a path forward. Together, we will defend your rights and your freedom.
5 Steps to Take When Accused of Theft
Theft allegations are just the tip of the iceberg. You're up against the Diamond Bar, CA, prosecutor's office, the alleged victim is accusing you, and the collateral consequences could be devastating. Without help, the odds can seem insurmountable.
But you have another option. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a Diamond Bar, CA, theft crimes lawyer who will listen to your story and advocate for your rights. 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. If you act civilly, it will make things go faster and easier. Refusing to comply can only lead to additional charges.
2. Act Calm and Stay Silent
You may be questioned by the police – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and you say something untruthful, you can be accused of perjury.
3. Call a Diamond Bar, 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. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. We are available at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
Before you can leave the jail, you'll probably have to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Cooperate With Your Attorney to Create a Defense Strategy
This is perhaps the most important step: building a defense against the charges. An accomplished theft crimes lawyer in Diamond Bar, CA, will listen to your story, negotiate for deals with the state, and argue for a dismissal wherever possible.
Powerful Defense Strategies for Theft Charges
Your case is unique — and your defense strategy must be oriented to the specific details, proof, and allegations. Below, you can read about some of the popular ways we will fight theft cases in Diamond Bar, 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. In Diamond Bar, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses consist of: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving property disputes, family conflicts, and many civil debt situations.
Using This Defense:
- Grand Theft: Negates specific intent to permanently deprive
- 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 state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In many criminal cases, the Diamond Bar, CA, police department will gather evidence through searches. If the authorities violated constitutional requirements, the evidence can be suppressed and the state 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 resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the limits of a legitimate warrant. In Diamond Bar, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — eliminating a single piece of highly damaging evidence — can substantially change the outcome. Suppression motions are fully litigated in Diamond Bar, 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
Innocent people are charged with theft crimes more often than the public realizes. False accusations can arise from personal arguments, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.
Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — most notably across racial lines, if they didn't have a clear sightline, 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 Diamond Bar, CA, court.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; showing issues with how eyewitness identifications were obtained; attacking the character of the accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different statements and testimony between witnesses.
If you are innocent: Do not confront witnesses, do not try to collect evidence yourself, and do not talk to the police without your theft attorney 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 — In some cases, the state must prove you knew the property was stolen. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Consent is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. 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.
Diversion Programs — In many cases with offenders without a record, California offers sentencing alternatives that can protect you from a conviction. We identify every diversion opportunity available in your specific case.
Arguing 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, 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 — as a more recent restriction — in many cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.
Here are some of the advantages of getting your theft conviction expunged: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. 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) provides additional expungement assistance for individuals in Diamond Bar, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Diamond Bar, CA
Is there a difference between petty theft and grand theft in Diamond Bar, California?
How much was allegedly stolen determines the specific theft charge. Petty theft misdemeanors are typical for anything $950 and below. 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.
Is it possible to expunge a theft conviction in California?
Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Our firm offers full expungement services.
What should I expect from first-time shoplifting charges in Diamond Bar, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. Working with a criminal defense lawyer can make a major difference and help you with avoiding a conviction and protecting your record.
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 honestly 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. That said, circumstances like an unusually low price or lack of receipts can lessen the strength of your defense, which is why an attorney is essential.
How serious is a grand theft auto charge in Diamond Bar, 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 could be up against increased sentences. Call one of our theft crimes lawyers right away at (800) 755-5174.
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?
It depends, but it is not always the case. Diamond Bar, 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. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Contact our firm to understand what options are available to you.
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 stole something or not doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. This is why intent evidence — and challenging how it's proven — is critical to burglary defense.
Facing a Theft Charge in Diamond Bar, CA? Call Our Firm Right Away.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. The Law Offices of David S. Chesley is prepared to defend you — whenver you need help. You can call our attorneys today to start building your defense.
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