Theft Lawyer Garden Grove, CA. Accusations. Arrests. Criminal charges. You might even be facing multiple theft charges at once. On your own, it can feel impossible to win.
Even when the charges are piling up against you, there is an option who will fight for you: The Law Offices of David S. Chesley. Our team of legal experts has extensive experience defending clients against all manner of theft crime charges. With a Garden Grove, CA, theft crimes lawyer from our team protecting your rights, you can rest assured that you're getting expert legal representation.
Connect with a lawyer today at (800) 755-5174 or connect with us online for a free, confidential consultation. Waiting too long to reach out can cost you everything.
The Importance of a Theft Lawyer in Garden Grove, CA
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to navigate a complex legal code and increase your risk of the following penalties:
- Jail Sentence: Garden Grove, CA, theft convictions can send you to prison, for years in some cases.
- Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Loss of Employmnet: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
A Garden Grove, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:
Top Qualities of Our Garden Grove, CA Theft Defense Attorneys
Not every criminal defense firm is created equal. Here's what you get when you call us — and why it matters for your theft case:
- A Team Of Former Prosecutors & 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.
- Extensive Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Garden Grove, CA prosecutors and judges, which we will use when securing plea deals.
- Prepared to Fight Your Case at Trial — Misdemeanor or felony, we build your defense to be trial-ready. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Expungement Services — Even after the fact, we're still here to help. You deserve to move forward with your life, and we can help you do it.
- Terrific Reputation – We are renowned professionally and by clients.
- Ready for Your Call Right Away — We know that arrests don't happen on a schedule. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Totally Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.
Every Theft Charge We Defend in Garden Grove, CA
Click any charge below to navigate directly to a full explanation of the law, consequences, and additional information.
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
Garden Grove, CA, Theft Allegations We Defend Against
Our attorneys know how to fight theft crime cases. When you need a theft crimes lawyer in Garden Grove, CA, don't hesitate: 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
In Garden Grove, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items when you weren't allowed to. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the classification will typically be petty theft, while any more will ordinarily be grand theft.
Defending petty theft allegations is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). However, fighting grand theft charges is usually more challenging because it is more frequently charged as a felony. In either case, 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:
| Alleged Crime | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $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.
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, the majority of shoplifting cases are misdemeanors. That said, felony charges can still be applied in certain situations, like an organized shoplifting ring. Regardless of what level of charge you're facing, a local Garden Grove, CA theft crimes lawyer can help you maximize your chances of a positive outcome.
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 Garden Grove, CA.
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 include: No intention to steal, innocence, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. This is one of the most common mechanisms used in Garden Grove, 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 defendant performed petty theft; and (2) the suspect has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.
Possible Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Garden Grove, CA
There are several vehicle theft charges we defend in Garden Grove, CA. An example that many people ask about is grand theft auto, but that's technically not its own charge. Grand theft auto comes from a section of California's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If the defendant did intend to return it, they're probably going to face charges of joyriding. While each of these vehicle crimes are 'wobbler' offenses, joyriding charges are almost always better to face in Garden Grove, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Just like receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or holding onto the car or truck is enough for a conviction.
When you contact our law firm, you'll partner with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Reach out now to start defending your rights.
Grand Theft Auto — California Penal Code § 487(d)(1)
Grand theft auto is not a standalone California crime — 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 Garden Grove, 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 Garden Grove, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is one of the main vehicle theft laws in California. 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 Garden Grove, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In Garden Grove, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and is often ineligible for probation.
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.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
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.
This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state 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 Garden Grove, CA
White collar crimes in Garden Grove, CA, vary widely in context and action, but each of them share one thing in common: taking advantage of one's position within an organization to benefit oneself, illegally.
Most 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 can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. 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 centered around the exchange of money, though (at least at first glance). Forgery can be as simple as signing another person's signature without permission, and identity theft is the taking of 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
White collar crimes carry severe consequences even without physical violence — incarceration, massive fines, professional license revocation, and long-lasting reputational damage. To protect yourself against these consequences, it's critical to have a theft crimes lawyer with local experience and expertise in your corner.
White Collar Crimes — Synopsis
Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deceit, breach of trust, or abuse of a position for personal benefit. These cases are some of the most complicated in Garden Grove, CA, and normally require highly experienced representation to defend.
White collar cases are often investigated for months or even years before charges are filed. 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. The sooner you bring in your legal defense, the better chance you have of a positive outcome.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.
Hypothetical examples: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.
Possible Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It typically involves three steps: placement (bringing the illegally-obtained money into the economy), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute aims at transactions over $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, which tends to have much harsher penalties.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for 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 criminalizes bribery in many contexts — government officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever position you're in, a Garden Grove, 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 could face charges in Garden Grove, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Garden Grove, 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, stock certificates, vehicle titles, power of attorney documents, 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 false item, 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 Garden Grove, 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 — for any unlawful purpose, including obtaining credit, property, services, or medical information.
Crucially: 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 whatever the particular of your situation.
Garden Grove, CA, identity theft allegations are very serious, and increasingly result in federal charges for more serious, widespread, or online cases.
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 Fight in Garden Grove, CA
Fraud encompasses a variety of specific theft types in Garden Grove, CA. Broadly speaking, a person who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. For example, a person who intentionally burns down their house then tells the insurance company that it was an accident commits insurance fraud.
A related fraud crime is welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another common form is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.
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
There are many types of fraud allegations in Garden Grove, CA — 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 — the foundational fraud offense — occurs when a person lies to someone else, causing them to voluntarily transfer money or property. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Lying about being a contest winner; pretending to be a tech support assistant; creating fake invoices; lying about the condition of goods sold.
Because the amount defrauded can vary, so does the penalty. It depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
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. The Garden Grove, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. A leading theft crimes lawyer will protect your rights and negotiation with the prosecutor to help you find the best outcome possible
Frequent forms include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; 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: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Garden Grove, CA, go beyond credit cards and involve the misuse of financial account access information. Charges can occur if someone is caught using another individual's card without authorization, using a fake card or one acquired by theft, using an account number without physical possession of the card, or fraudulently taking or selling card account information.
What to know about federal charges: You are likely to face both federal and state charges, especially when cards are used across state lines or online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.
Common examples: 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.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your leading Garden Grove, CA, theft crimes lawyer can push back against the prosecution's case and greatly improve your case's outlook.
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: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Garden Grove, 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 qualify forMedicare hospice benefits, a patient must have a projected lifespan of six months or less if the illness runs its normal course — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.
This type of fraud is more often alleged towards providers over patients. Because healthcare professionals have more access to control billing and provide diagnoses, they are at higher risk of being accused of hospice fraud. And as if it weren't bad enough going up against the Garden Grove, CA, government, you're likely to face federal charges and accusations from federal investigators.
Important Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. Providers are often unaware that an investigation is underway until a search warrant is executed.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. In Garden Grove, 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.
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. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Garden Grove, CA theft lawyer immediately.
Important: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Both the person paying and the person receiving a kickback can face prosecution.
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: Ineligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud, under United States federal law, is when an individual lies to either their insurance agency or the government to receive some kind of benefit related to health care. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.
Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically 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 Garden Grove, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Physicians, billing organizations, office workers, and support staff have all been accused of this violation at various points in time.
Possible 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. 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.
Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. Home health fraud charges in Garden Grove, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
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 — even if you broke the law accidentally.
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 Garden Grove, CA
There is often a crossover between theft and violent crime charges in Garden Grove, CA. One common example is robbery. A person commits robbery when they take something directly from another person by force. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.
Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.
Robbery, Extortion & Force-Related Theft
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 Garden Grove, CA, legal counsel is non-negotiable.
Robbery — California Penal Code § 211
Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. All robbery charges in California are felonies.
Your robbery charge in Garden Grove, 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
Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.
Common examples: Threatening to 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 Garden Grove, CA
Burglary is often charged along with theft in Garden Grove, CA. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. Ordinarily, this is a structure, like a storefront (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.
No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, what you were allegedly planning to do in a location can be just as important as how you got access to it.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.
Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to burglarize someone's home. It's common to face burglary and vandalism charges together in Garden Grove, CA, doubling the importance of working with a top quality theft crimes lawyer to protect your rights.
Lastly, you can face theft charges in Garden Grove, CA, even if you didn't steal anything yourself. How can this be? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.
Burglary, Home Invasion & Related Charges
California burglary law is broader than most people realize — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.
Residential Burglary (First Degree) — California Penal Code § 459
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 while planning to commit a theft or any felony inside. You do not have to actually steal anything. The intent at the moment of entry is what matters.
This charge is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Garden Grove, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison Term: 2, 4, or 6 years in state prison
- Three Strikes: Yes — serious felony strike
- Probation: Generally not an option for first-degree
- Fines: Up to $10,000
Commercial Burglary (Second Degree) — California Penal Code § 459
Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. This charge is considered a wobbler and could be either a misdemeanor or a felony.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
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. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
Important note: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
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 fighting home invasion charges, you need the most experienced criminal defense team available, and you need them immediately.
Potential Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. Buying, selling, or disguising something that was stolen can lead to these charges.
The prosecution must prove you knew — or had reason to know — the property was stolen. This knowledge element is often where we can mount an effective defense. Buying items at a great deal, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.
Possible 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 Garden Grove, 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.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
Trespassing involves entering or remaining on another person's property without permission. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
On its own, trespassing is usually charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.
Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. This means stealing even a low-value firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
Federal firearms theft charges may also apply. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more essential to have an attorney that has wide resources and strong legal skills.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
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) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
The prosecution in Garden Grove, CA, does not take these charges lightly and usually pursues harsh penalties. If the victim is 70 years or older, additional consecutive prison time can be added. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.
Examples: Caregiver overcharging for services; family member exerting undue influence over an elder's finances; 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. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
If the enhanced penalties weren't enough on their own, the Garden Grove, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. Looting is considered a way of taking advantage of Garden Grove 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
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. Attempted theft, burglary, or robbery in California needs to include: (1) a mental state of deliberate criminal activity, and (2) some form of action that furthers the criminal ends — 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.
Attempted burglary and attempted robbery are still strike offenses in California. 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 contact the Law Offices of David S. Chesley, you can speak with an expert theft crimes lawyer in Garden Grove, CA, who will listen to your side of the story and build a defense around that. As a team, we will fight for the best outcomes possible in your case.
5 Steps to Take When Accused of Theft
You need to take these accusations seriously. There could be a warrant out for your arrest, you could be facing major legal consequences, and the collateral consequences could be devastating. Without help, it can seem impossible.
But you have an ally. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. With one of our Garden Grove, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. 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. Resisting can only make things worse.
2. Keep Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – stay silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Your answers can later be used as evidence in the case, and you say something untruthful, you can be charged with perjury.
3. Reach Out to a Garden Grove, CA, Theft Crimes Defense Attorney Right Away
In California, after you are processed for arrest, you get three phone calls. One of these should be to your theft crimes lawyer. 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 firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Cooperate With Your Lawyer to Make a Personalized Defense
This is perhaps the most important step: building a defense against the charges. A skillful theft crimes lawyer in Garden Grove, CA, will take the time to listen to you, negotiate with the state, and argue for charges to be dismissed whenever possible.
How Our Theft Lawyers Fight Against These Charges
Every theft case is different — and every defense strategy must be oriented to the specific facts, proof, and charges. Below, you can read about some of the popular ways we will fight theft cases in Garden Grove, 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. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.
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 consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. 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: Negates specific intent to permanently deprive
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
The Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In theft and burglary cases, the Garden Grove, CA, police department will gather evidence through searches. If the investigators didn't follow the rules, the evidence can be suppressed and the state may be unable to proceed.
Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that go beyond the scope of a valid warrant. In Garden Grove, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can make a big difference. Suppression motions are fully litigated in Garden Grove, CA, courts, and are an essential tool for the defense when facing theft charges.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
The Garden Grove, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can arise from personal disagreements, cases of mistaken identity, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Even if you're innocent, you're still at risk of going to prison for something you didn't do — you need a Garden Grove, CA, theft crimes lawyer to protect your freedom.
Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Studies consistently show that witness confidence does not correlate with accuracy. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; 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 accuser; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between witness statements made at different points in time.
If you have been falsely accused: Stay away from witnesses, do not try to build your defense on your own, and do not attempt to explain your innocence to police without your theft crimes lawyer present. 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 — If you merely were holding property that turned out to be stolen, the Garden Grove, CA, prosecutor must prove you knew the property was obtained through theft. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Consent regarding your use of the property is a strong defense in Garden Grove, CA, theft cases. It's not illegal to use someone else's property if you had permission.
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.
Diversion Programs — In many cases with first-time offenders, California offers sentencing alternatives that can protect you from a conviction. We identify every diversion opportunity available in your specific case.
Disputing the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. We'll show the true value of the property and argue for lesser charges.
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, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully completed all terms of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — as a more recent restriction — in several cases, must not have spent time 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. 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: In particular, you won't have to note any convictions on private job applications. However, there are still some restrictions in the expungement process — it does not restore firearm rights, 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) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Important: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is full sealing, 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: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Garden Grove, CA
What's the difference between petty theft and grand theft in Garden Grove, California?
What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.
Does California allow me to expunge my record from a theft crime?
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. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What happens if I'm charged with shoplifting for the first time in Garden Grove, 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 genuinely didn't know 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. However, circumstances like strangely good deal or lack of receipts can be used against you, which is why an attorney is essential.
How serious is a grand theft auto charge in Garden Grove, CA?
Very serious. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have a criminal record, you may also face enhanced sentencing. Call one of our theft crimes lawyers as soon as possible 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. Several theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.
Will I go to jail for a theft charge?
Not necessarily. Garden Grove, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. While felony charges can be harder to avoid prison for, it is still possible in some cases. The answer depends heavily on your specific charge, criminal history, and the quality of your legal representation. Contact our firm to review what options exist in your case.
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 or not you committed theft is irrelevant — the prosecution's goal is to show that you trespassed and had that event. Because of this, intent evidence — and how it's presented — is central to burglary defense.
Fighting Theft Allegations in Garden Grove, CA? Call Now.
There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is prepared to defend you — whenver you need help. Your first consultation is completely free and confidential.
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