Theft Lawyer El Cajon, CA. Accusations. Arrests. Criminal charges. It's easy to feel lost when you're up against theft charges. It might look like all hope is lost.
Even when you can't figure out what to do on your own, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our team of legal experts has what it takes to guard your freedom against the prosecution. With a El Cajon, CA, theft crimes lawyer from our team on your side, you're going to get honest advice on how to get the best outcome possible.
Connect with a theft crimes lawyer today at (800) 755-5174 or use our contact form for a free, confidential consultation. Waiting too long to reach out can cost you everything.
How a El Cajon, CA, Theft Lawyer Can Help You
Theft crime accusations are always a big deal, no matter what the specifics are. Without a lawyer, you're stuck trying to figure out a complex legal system and make it more likely that you'll face the following:
- Prison Sentence: Most theft charges in El Cajon, 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: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Stained Reputation: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a El Cajon, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Here's some of what sets us apart:
What Sets the Law Offices of David S. Chesley Apart
Working with our expert El Cajon, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and why it matters for your theft 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.
- Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the El Cajon, CA prosecutors and judges, which we will use when securing plea deals.
- Prepared to Fight Your Case at Trial — We prepare every case as if it's going to trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
- Record Expungement Services — Even after the fact, we're still here to help. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – We are renowned professionally and by clients.
- Always Availalbe — We know that arrests don't happen on a schedule. If you need help or an update, you can get a hold of us, whenever it is.
- Entirely Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Every Theft Charge We Defend in El Cajon, CA
Use the links below to navigate directly to a full explanation 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
El Cajon, CA, Theft Allegations We Defend Against
Our attorneys know how to fight theft crime cases. If you need a theft crimes lawyer in El Cajon, CA, act fast: contact us now for a no obligation review of your case.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in El Cajon, 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 main difference is how much value was allegedly stolen: For anything $950 or less, the charges will ordinarily be petty theft, while any more will generally be grand theft.
Defending petty theft allegations is typically more straightforward, as they are often (but not always) charged as 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, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Here's a breakdown of what distinguishes petty and grand theft:
| Criminal Charge | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Usually Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, the majority of shoplifting cases are misdemeanors. However, 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 El Cajon, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.
Shoplifting Potential Penalties:
- Jail Time: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies consist of: No intention 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
Petty theft with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. This is one of the most common mechanisms used in El Cajon, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To charge PC § 666, the state must establish: (1) the suspect is guilty of 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. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.
Potential Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in El Cajon, CA
There are several vehicle theft charges we defend in El Cajon, CA. The first one that probably comes to mind is grand theft auto, but that's technically not a unique charge. Grand theft auto comes from a section of 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 alleged offender wasn't going to keep it, they're probably going to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, in El Cajon, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. In the same vein as receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Just owning or having the car or truck can result in these charges.
When you contact our law firm, you'll work with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. 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 — instead, it is a subset of the general "grand theft" statute, which says that any automobile theft is considered grand theft. 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 El Cajon, 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 El Cajon, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 — sometimes called "joyriding" broadly — is often charged alongside or instead of grand theft auto. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. Simply taking or driving someone's vehicle without permission is enough.
This charge is popular in El Cajon, CA, courts as either a plea deal or as its own charge.
Joyriding — California Vehicle Code § 10851
Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
In most circumstances, El Cajon, CA, joyriding cases are handled as misdemeanors. However, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Usual 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. Because this action involves violence, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you are in possession of a vehicle when you knew or should have know it was stolen, PC § 496d still applies, regardless of your involvement in its theft.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove were aware that the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
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 Fight in El Cajon, CA
White collar crimes in El Cajon, CA, can be any one of a variety of charges, but they all have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.
Not all white-collar crimes are transactional in nature, though (at least not directly). 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. Note that no financial theft has to occur for a person to be charged with either of these.
Embezzlement, Money Laundering, Fraud & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in El Cajon, CA, but you'd be wrong. The punishments can be dire — prison sentences, massive fines, professional license revocation, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Synopsis
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a position for personal gain. It's common for white collar crime cases in El Cajon, CA, to require specialized experts on both the prosecution and defensive sides.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The key element is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: 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; an employee skimming from cash registers; 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: Repay alleged victims, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It typically is made up of three steps: placement (introducing dirty money into the financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).
California's money laundering statute is set to combat transactions over $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, risking up to two decades of prison time.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law criminalizes bribery in many contexts — government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Regardless of what position you're in, a El Cajon, CA, theft crimes lawyer is important to give you insights into successful defense strategies.
Who can face bribery charges? Both the person offering the bribe and the person accepting it can be charged in El Cajon, 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
El Cajon, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. State law is broad and covers checks, money orders, contracts, vehicle titles, wills, warrants, prescriptions, identification documents, and many other types of written instruments.
Who can face forgery charges? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, combined with the creation or use of the forged document, is sufficient for a conviction.
Potential 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 El Cajon, CA if you use someone else's personal information without permission for any unlawful purpose, including obtaining credit, goods, services, or medical information.
Important factor: You can be found guilty even if the alleged victim didn't lose any money. Just taking and using another person's information without authorization is enough to trigger criminal charges under California statute § 530.5. Because of this, you need to work with an expert theft crimes lawyer whatever the particular of your situation.
Identity theft accusations are aggressively prosecuted in El Cajon, CA, and often involve federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend in El Cajon, CA
Fraud is one of the most common white collar crimes in El Cajon, CA, and it has several subcategories. Broadly speaking, someone who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is a basic type of this crime.
Insurance fraud is a popular type of fraud in El Cajon, CA, wherein someone lies on an insurance claim to increase their benefit. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout commits insurance fraud.
This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be 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 one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Types of Fraud, False Pretenses & Financial Deception
Fraud charges in El Cajon, CA, cover a vast range of conduct — from simple misrepresentations to elaborate financial schemes. 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 El Cajon. These allegations are used when one person lies to someone else, who then freely gives up something of value based on the false information. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.
Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; pitching investments based on false information; collecting donations for a nonexistent charity.
Because the amount defrauded can vary, so does the penalty. It depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in El Cajon, CA, it's possible that you'll go to prison for several years if convicted. An expert theft crimes lawyer will fight the allegations and negotiation with the prosecutor to help you find the best outcome possible
Common examples include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.
Possible Penalties:
- Felony Prison: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
In El Cajon, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. Charges can occur if someone is caught using someone else's card without authorization, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or illegally obtaining or selling card account information.
Regarding federal charges: It's common in California credit card fraud cases for there to also be federal charges, particularly when cards are used across state lines or the internet is involved. 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
Charges of welfare fraud in El Cajon, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. Your leading El Cajon, CA, theft crimes lawyer can dissect the prosecution's case and boost your chances of a positive outcome.
Potential Penalties:
- Under $950 (usually): 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 accusations in El Cajon, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To legally receiveMedicare hospice benefits, the person being treated must be predicted to pass away within half a year if their current health conditions progress in a typically expected manner — a threshold that fraudulent providers routinely falsify.
While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. And as if it weren't bad enough going up against the El Cajon, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. In El Cajon, 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. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Critical Note: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Providers and referrers are both at risk of prosecution under these circumstances.
Possible Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Loss of eligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. 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'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. These are some of the most complicated cases to defend in El Cajon, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office managers, and support staff have all faced prosecution depending on their level of involvement.
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 is a subcategory of Medicare and Medicaid fraud that specifically targets the fraudulent billing for in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare reimbursement, the care recipient 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. 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 El Cajon, CA. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Warning: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. 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 Defend in El Cajon, CA
There is often a crossover between theft and violent crime charges in El Cajon, 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 similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
However, some thefts which did not start out violent can end up involving violence. Home invasion charges can 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. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an 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
If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. Beyond the felony charges themselves, you could also be up against a strike on your record. Immediate El Cajon, CA, legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. All robbery charges in California are felonies.
Your robbery charge in El Cajon, 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
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to damage someone's storefront unless they pay "protection money;" threatening to harm someone's reputation unless granted a professional favor.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in El Cajon, CA
Burglary charges in El Cajon, CA, are distinct from theft, but often go hand-in-hand. 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 convenience 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 be considered burglary of a vehicle.
Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in El Cajon, CA (except in extreme cases).
Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to burglarize someone's home. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in El Cajon, CA, heightening your need for a top quality theft crimes lawyer to defend you.
Finally, you can face theft charges in El Cajon, 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
El Cajon, CA burglary charges can be wildly different from one another, and may not even involve theft — 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. Your motivation for entering the location is the key to burglary charges.
This charge is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and El Cajon, 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 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.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. Unlike residential burglary, vehicle burglary is a wobbler.
Important note: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. This is still against the law, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. 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 defense attorneys that can give you top-quality service, and you need them now.
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 & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. You need a El Cajon, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
While theft-related, receiving stolen property cases are their own challenge. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at 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
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.
While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.
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
Trespassing involves entering or remaining on another person's property without permission. In the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
Standing alone, trespassing is typically charged as a misdemeanor or infraction. However, El Cajon, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Due to this the theft of even a nearly worthless firearm will end up with 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 combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more critical to find an attorney with the skills to fight for you at all levels.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
If the alleged victim was 65 or older, you might be up against elevated penalties. Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.
This offense is aggressively prosecuted in El Cajon, CA, and enhanced sentencing applies. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Caregiver overcharging for services; 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
During emergencies, stealing property can be charged as looting. While theft and burglary are the root charges behind the action, looting increases the penalties significantly.
If the enhanced penalties weren't enough on their own, the El Cajon, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. Looting is considered a way of taking advantage of El Cajon 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. Attempted theft, burglary, or robbery in California needs to include: (1) the desire to break the law, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.
California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
Regardless of what charge you're facing, when you contact us, you can speak with an expert theft crimes lawyer in El Cajon, CA, who will help you break down and navigate the charges. As a team, we will fight for the best outcomes possible in your case.
Steps to Take When Accused of Theft
Theft allegations are just the tip of the iceberg. You're up against the El Cajon, CA, prosecutor's office, not everyone will believe your side of the story, and you need to defend your reputation as well as your innocence. Without help, the odds can seem insurmountable.
But you have an ally. The Law Offices of David S. Chesley is here to help. A El Cajon, CA, theft crimes lawyer from our team will guide you on how to navigate your case. To get started, use the five steps below to protect your freedom and avoid common pitfalls:
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. Fighting back can only make things worse.
2. Remain Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – don't talk. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and you say something untruthful, you can be charged with perjury.
3. Contact a El Cajon, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. Acting fast is important to protect your freedom. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our 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. A skillful theft crimes lawyer in El Cajon, CA, will take the time to listen to you, negotiate for deals with the state, and argue for a dismissal whenever possible.
Theft Lawyer Defensive Strategies
Every theft case is different — and every defense strategy needs to be customized to the specific details, proof, and charges. Below, you can read about some of the popular ways we will fight theft cases in El Cajon, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. In El Cajon, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
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 include: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key 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. This is a key part of nearly all theft defenses, particularly in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.
Defense Application:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, the El Cajon, CA, police department will gather evidence through searches. If the investigators disobeyed regulations, the evidence can be thrown out and the prosecution 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 conducted under a warrant obtained through false or misleading information in the supporting affidavit; 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 go beyond the limits of a valid warrant. In El Cajon, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
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 be the difference between a conviction and acquittal. Suppression motions are fully litigated in El Cajon, CA, courts, and are an essential tool for the defense when facing theft charges.
Suppression Scenarios:
- Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
- Vehicle Searches: Require a warrant, 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 stem from personal disputes, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — you need a El Cajon, CA, theft crimes lawyer to protect your freedom.
False accusations in El Cajon, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, if they didn't have a clear sightline, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in El Cajon, CA, court.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the person making the allegations; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between different witnesses' versions of events.
If you are facing false allegations: Do not confront witnesses, do not try to build your defense on your own, and do not talk to the police without your theft defense lawyer present. You might make a mistake, or the police might misinterpret something you say. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — In some cases, the prosecution must prove you knew the property was obtained through theft. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — 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. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.
Constitutional Violations — We won't presume that all the evidence collected for your case is legitimate — we'll review everything and look for opportunities to have the evidence against you removed.
Sentencing Alternatives — Especially for first-time offenders, California offers diversion programs that can keep you out of prison by participating. We identify every diversion opportunity available in your specific case.
Disputing the Property Valuation — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — 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).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. 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, there are still some restrictions in the expungement process — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.
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. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Frequently Asked Questions About Theft Charges in El Cajon, CA
Is there a difference between petty theft and grand theft in El Cajon, California?
The primary distinction is the value of the property allegedly taken. Petty theft misdemeanors are typical for anything $950 and below. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). 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?
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. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.
What should I expect from first-time shoplifting charges in El Cajon, CA?
You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $950. Additionally, we can often secure alternative sentencing options which will keep you out of jail. An attorney can significantly improve your odds of avoiding a conviction and protecting your record.
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 honestly didn't know and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. We often use this as a way to protect our clients from accusations. That said, circumstances like an unusually low price or lack of receipts can erode your case, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in El Cajon, CA?
Very serious. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have a criminal record, you are at risk of harsher penalties. Get in touch with one of our theft crimes lawyers as soon as possible if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. As your theft crimes lawyer, we will argue for misdemeanor charges if you are facing a wobbler, to protect your record and freedom.
Will I go to jail for a theft charge?
It depends, but it is not always the case. El Cajon, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact us to understand what options you have.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you stole something or not is irrelevant — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and arguments surrounding it — is central to burglary defense.
Need a Theft Lawyer in El Cajon, CA? Contact Us to Defend Your Freedom.
Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our attorneys are ready to defend you — no matter when you need us. Call now for a no-obligation consult on your case.
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