Theft Lawyer El Monte, CA. When you are charged with a crime in El Monte, it's easy to feel overwhelmed. 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, you have a path forward: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a El Monte, CA, theft crimes lawyer from our team defending your freedom, you'll have someone by your side from day one until you get justice.
Talk to a lawyer today at (800) 755-5174 or use our contact form for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.
The Importance of a Theft Lawyer in El Monte, CA
Theft charges need to be treated seriously, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to figure out a intricate legal code and increase your risk of the following penalties:
- Jail Sentence: El Monte, CA, theft convictions can send you to prison, for years in some cases.
- Fines: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
- Career Setbacks: Having a criminal record can negatively affect your future career goals.
- Stained Reputation: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a El Monte, CA theft crimes lawyer on your case. You need the Law Offices of David S. Chesley. Here's some of what sets us apart:
Top Qualities of Our El Monte, CA Theft Defense Attorneys
Not every criminal defense firm is created equal. Here's what you get when you call us — and how it will impact your case:
- Former Prosecutors & Judges — We have experience and insights from our time in other areas of the law. We know common weak points and how to attack the prosecution's case.
- Extensive Court Relationships — Decades of practice in El Monte, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Defenses Built for Trial — We prepare every case as if it's going to trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- Expungement Services — We don't leave you behind after the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – well-respected amongst both clients and peers.
- Ready for Your Call Right Away — Our team is available whenever you need us most. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Totally 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 Monte, CA
Click any charge below to jump directly to a full breakdown of the law, penalties, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Charges We Fight in El Monte, CA
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you're looking for a theft crimes lawyer in El Monte, CA, act fast: contact us right away for a no obligation review of your case.
Our lawyers can help you fight all of the following allegations:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without permission. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the charges will ordinarily be petty theft, while higher values will normally be grand theft.
Defending petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Regardless of what you're up against, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
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? | 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.
While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Today, most shoplifting charges are misdemeanors. That said, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Whether you're up against a felony or misdemeanor charge, a local El Monte, CA theft crimes lawyer can help protect you from the worst consequences.
Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in El Monte, CA.
Shoplifting Possible Penalties:
- Jail Time: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Potential defenses consist of: No intention to steal, mistake of fact, entrapment by loss prevention, unlawful search and seizure, 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. Not every prior offense in El Monte, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
To charge PC § 666, the prosecution must establish: (1) the defendant performed petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. 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 Monte, CA
We will fight against all sorts of vehicle theft crimes in El Monte, CA. The first one that probably comes to mind is grand theft auto, but that's technically not a law of its own. Grand theft auto comes from a section of California's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
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. If the alleged offender wasn't going to keep it, they're more likely to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, in El Monte, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Just like receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or keeping the car or truck can get you arrested for possession of a stolen vehicle.
When you work with us, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Call today to start defending your rights.
Grand Theft Auto — California Penal Code § 487(d)(1)
Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.
Grand theft auto and joyriding have a close relationship in El Monte, 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.
Possible Penalties:
- Charge Type: Wobbler (usually felony in El Monte, 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. 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 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. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in El Monte, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In El Monte, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. That said, you could face felony charges if you have a criminal record, or the prosecutor thought the action was particularly bad.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Temporarily deprive | Permenantly deprive |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because of the violent element, carjacking is always a felony and is often ineligible for probation.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
In El Monte, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have or are storing a car 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 you had knowledge 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 Monte, CA
White collar crimes in El Monte, CA, can be any one of a variety of charges, but each of them share a common trait: abuse of an organization for personal gain.
Several white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.
Not all white-collar crimes are 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 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, Bribery & More
White collar crimes carry severe consequences even without physical violence — prison sentences, financial penalties, major career setbacks, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a professional for personal gain. El Monte, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. Pre-charge representation can sometimes prevent an indictment entirely.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Common contexts: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; 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
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It typically consists of three steps: placement (introducing dirty money into the financial system), layering (disguising the trail through complex transactions), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).
California's money laundering law is set to combat financial actions of more than $5,000 conducted with knowledge that the money was obtained through criminal activity. Federal money laundering charges (18 U.S.C. § 1956) can also apply, 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 twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Regardless of what the specifics of your case, a El Monte, CA, theft crimes lawyer is important to protect you from the prosecution.
Who can face bribery charges? Whether you offered or accepted a bribe, you can be charged in El Monte, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
El Monte, 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, receipts, stock certificates, deeds, wills, warrants, notary public symbols, lottery tickets, and many other types of written instruments.
Critical point: The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. Just the plan to commit fraud, combined with the act of creating or using 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
In El Monte, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, such as obtaining credit, property, services, or medical information.
Important factor: You can be found guilty even if the alleged victim didn't lose any money. Simply obtaining and using another person's information without permission is enough to violate state law. Because of this, you need to work with an expert theft crimes lawyer regardless of the specifics of your case.
El Monte, CA, identity theft allegations are very serious, and increasingly 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 Fight in El Monte, CA
Fraud is one of the most common white collar crimes in El Monte, CA, and it has several subcategories. Broadly speaking, someone who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is a popular type of fraud in El Monte, CA, wherein someone lies to an insurance company to collect more money than they are supposed to. For example, if someone were to hide their valuable property and claim it was stollen, that person is guilty of insurance fraud.
This is not unlike welfare fraud, where 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 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. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
An expert theft crimes lawyer in El Monte, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.
Different Kinds of Fraud, False Pretenses & Financial Deception
You could face accusations of fraud in El Monte, CA, for a wide variety of actions — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Many "fraud" charges in El Monte fall under California's 'theft by false pretenses' law. This is when one person intentionally deceives another through false statements or misrepresentations, causing them to voluntarily transfer money or property. The key element is that the victim willingly hands over the property as a result of being deceived.
Common examples: Selling a product that doesn't exist; 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
You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. If you're facing insurance fraud charges in El Monte, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will defend your freedom and analyze all the evidence to help you find the best outcome possible
Frequent examples include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; double billing for a health service.
Potential Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or double the fraud amount
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: Loss of professional licenses
Credit Card Fraud — California Penal Code § 484e–484j
In El Monte, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. You could be accused of using another person's card without consent, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently obtaining or selling card account information.
Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, especially when accounts are used across state lines or the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; 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. A local El Monte, CA, theft crimes lawyer can push back against the prosecution's case and greatly improve your case's outlook.
Potential Penalties:
- Under $950 (most often): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: 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 be eligible forMedicare hospice benefits, the recipient must be predicted to pass away within half a year 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. El Monte, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.
Warning: 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. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Extra: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in El Monte, CA.
Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. 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.
Warning: The United States also has a law (the Anti-Kickback Statute – 42 U.S.C. § 1320a-7b) which makes it a form of Medicare fraud to offer payment for Medicare-related referrals. Both the person paying and the person receiving a kickback can face prosecution.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically outlaws situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in El Monte, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Healthcare providers, billing organizations, office workers, and support 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 home health aide services. In order to be eligible for Medicare benefits, a patient 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 Monte, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Critical Note: 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 — and a Stark Law violation does not require proof of intent.
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 Defend in El Monte, CA
There is often a crossover between theft and violent crime charges in El Monte, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. This doesn't always need to include physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. For example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
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. These charges are always felonies and often carry strike designations. It's essential to get a theft crimes lawyer in El Monte, CA to protect your freedom.
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. Robbery is always a felony and always a strike offense.
Your robbery charge in El Monte, 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.
Possible Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to report someone for a crime unless paid; threatening to damage someone's storefront unless they pay "protection money;" threatening to 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 Fight in El Monte, CA
Burglary technically isn't always a theft crime, but it is closely related. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. This is commonly a building, like a retail store (which would make it commercial burglary), but not always. For example, if you supposedly smashed a car window to steal a wallet sitting on the seat, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Due to 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. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. However, after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. These changes had an immediate impact, even for people who had already been convicted. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in El Monte, 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 in order to steal from the building. It's common to face burglary and vandalism charges together in El Monte, CA, heightening your need for a top quality theft crimes lawyer to defend you.
Finally, you can face theft charges in El Monte, CA, even if you didn't steal anything yourself. How can this be? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
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
First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location 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 El Monte, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison Term: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not eligible for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
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
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.
Key distinction: The vehicle must be locked for a burglary charge to apply. This would still likely be prosecuted as theft, but the burglary enhancement requires that the vehicle was secured in some way.
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. El Monte, 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.
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 the most experienced criminal defense team available, and you need them right away.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. 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 receipts, or from unknown sellers, does not make you guilty.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if El Monte, 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).
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
- Other Common Penalties: 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.
Standing alone, trespassing is usually charged as a misdemeanor or infraction. However, El Monte, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Because of this stealing even a low-value firearm results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
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 important to work with 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
If the alleged victim was 65 or older, you might be up against elevated penalties. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.
The prosecution in El Monte, CA, does not take these charges lightly and usually pursues harsh penalties. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement can complicate cases further.
Examples: Caregiver taking money from a client's account; family member using power of attorney to take money; fake contractor promises work but never completes it; impostor pretends to be a law enforcement official.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
These charges are often looked upon very negatively in El Monte, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. Looting is considered a way of taking advantage of El Monte while it's at its most vulnerable, and judges are never pleased by this. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.
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 direct, unequivocal act toward committing it — even if the attempt failed or was interrupted.
The general rule is that attempted crimes are punished at half the sentence of the completed offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
Regardless of what charge you're facing, when you reach out to our firm, you can connect with an expert theft crimes lawyer in El Monte, CA, who will help you break down and navigate the charges. Together, we will craft a staunch defense against the allegations.
What to Do if You're Accused of Theft
You need to take these accusations seriously. You're up against the El Monte, CA, prosecutor's office, you could be facing major legal consequences, and a conviction could derail your life. Without help, the odds can seem insurmountable.
But you have another option. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. A El Monte, 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. Do Not Resist Arrest
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 lead to additional charges.
2. Stay Calm and Stay Silent
You may be questioned by the police – stay silent. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be charged with perjury.
3. Call a El Monte, CA, Theft Crimes Defense Attorney Right Away
In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. Your rights and freedom matter, no matter what you've been accused of.
5. Work With Your Attorney to Create a Defense Strategy
Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in El Monte, CA, will take the time to listen to you, negotiate for deals with the prosecution, and argue for charges to be dismissed whenever possible.
Theft Lawyer Defensive Strategies
Your case is unique — and your defense strategy needs to be customized to the specific facts, evidence, and allegations. Here are the major defense approaches our attorneys use to fight theft charges in El Monte, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
One of the most powerful defenses in any theft case is the absence of criminal intent. In El Monte, 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.
Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. More related defenses include: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); 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: This is a major hurdle for the prosecution in any theft case. This isn't merely a backup plan. It is often the strongest available defense, particularly in cases involving property disputes, family conflicts, and many civil debt situations.
Defense Application:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
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 Monte, CA, police department will gather evidence through searches. If the authorities didn't follow the rules, the evidence can be thrown out and the prosecution may need to drop charges.
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 exceeded the limits of a valid warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can make a big difference. Suppression motions are fully litigated in El Monte, CA, courts, and are a standard component of aggressive defense in all property crime 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, permission, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
The El Monte, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can come from personal disputes, witnesses mistaking the defendant for someone else, misunderstandings about ownership, ambiguous surveillance footage, 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.
False accusations in El Monte, 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 — especially across racial lines, in scenarios of poor visibility, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in El Monte, 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; 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 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 attempt to explain your innocence to police without your theft lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. Contact defense counsel immediately and say nothing.
Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the state must prove you were aware that the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.
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. It's not illegal to use someone else's property if you had permission.
Constitutional Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.
Diversion Programs — In many cases with offenders without a record, California offers diversion programs that can keep you out of prison by participating. We identify every diversion opportunity available in your specific case.
Challenging the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. 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 done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — in a newly added requirement — in several cases, must not have been incarcerated in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. 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.
When you work with a theft lawyer to clear your record, you can look forward to the following perks: Of note, job applications become a lot easier, as you won't have to mention your conviction. However, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in El Monte, 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 the total removal of the record, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. 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: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
El Monte, CA, Theft Crimes Frequently Asked Questions
What's the difference between petty theft and grand theft in El Monte, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. 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. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Is it possible to expunge a theft conviction in California?
Frequently, yes. For probation sentences, expungement is often offered conditionally upon your completion. If you want to leave the past behind and move on with your life, this can be a major step forward. Our firm offers full expungement services.
What happens if I'm charged with shoplifting for the first time in El Monte, 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. Working with a criminal defense lawyer 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 sincerely weren't aware and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. This is a strategy we frequently lean on in receiving stolen property cases. Keep in mind, though, that circumstances like strangely good deal or no documentation of ownership can lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.
How serious is a grand theft auto charge in El Monte, 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 immediately if you're facing this charge.
What is a "wobbler" offense in California?
The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Many theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. 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?
Not necessarily. El Monte, 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 answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Call our firm to review what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether 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 how it's presented — is critical to burglary defense.
Up Against Theft Charges in El Monte, CA? Contact Us Now.
There is no such thing as a minor theft accusation. Our attorneys are equipped to defend you — 24 hours a day, 7 days a week. You can call our attorneys today to start building your defense.
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