Theft Lawyer Huntington Beach, CA. When you are charged with a crime in Huntington Beach, it's easy to feel overwhelmed. It's easy to feel lost when you're up against theft charges. It can seem like there's no way out.
Even when the charges are piling up against you, you have a path forward: The Law Offices of David S. Chesley. Our attorneys have the tools and training to fight against any theft and related charges. With a Huntington Beach, CA, theft crimes lawyer from our team protecting your rights, you don't have to worry about how you'll handle things alone anymore.
Discuss your case with a theft crimes attorney right away 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.
Why You Need a Leading Huntington Beach, CA, Theft Defense Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. On your own, you're stuck trying to navigate a intricate legal code and make it more likely that you'll face the following:
- Jail Sentence: Huntington Beach, CA, theft convictions can send you to prison, for years in some cases.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
- Reputational Damage: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Huntington Beach, CA theft crimes lawyer on your case. The Law Offices of David S. Chesley is ready to help. Look at what makes us the right attorneys for the job:
Why You Should Hire Our Huntington Beach, CA Theft Defense Lawyers
Working with our expert Huntington Beach, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and how it will impact your case:
- Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know common weak points and how to attack the prosecution's case.
- Extensive Court Relationships — Decades of practice in Huntington Beach, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
- Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Record Expungement Services — Even after the fact, we're still here to help. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – We are well-known for our tenacious representation.
- Available 24/7 — We know that arrests don't happen on a schedule. If you need help or an update, you can get a hold of us, whenever it is.
- Fully Private — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Theft Charges We Defend in Huntington Beach, CA
Use the links below to navigate directly to a full explanation of the law, penalties, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Huntington Beach, CA, Theft Allegations We Defend Against
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. if you require a theft crimes lawyer in Huntington Beach, CA, don't wait: contact us right away for a free, confidential consultation.
Below are some of the main theft crime accusations we fight against in Huntington Beach, CA:
Petty Theft Charges vs Grand Theft Charges
In Huntington Beach, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. You can face these charges for taking someone's possessions when you weren't allowed to. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the classification will generally be petty theft, while higher values will generally be grand theft.
Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, defending 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:
| Alleged Crime | 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
Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Today, the majority of shoplifting cases are misdemeanors. However, 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 Huntington Beach, CA theft crimes lawyer can help protect you from the worst consequences.
Organized retail theft (either a crime ring or repeated instances of shoplifting) is increasingly prosecuted aggressively by Huntington Beach, CA, prosecutors following recent state legislation.
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
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 Huntington Beach, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.
To activate this sentencing enhancement, the state must establish: (1) the accused committed petty theft; and (2) the defendant has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — 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
- Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Huntington Beach, CA
Whatever Huntington Beach, CA, vehicle theft charge you're facing, we can help you fight it. An example that many people ask about is grand theft auto, but that's actually not a unique charge. Grand theft auto comes from a section of California's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.
Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. If the defendant did intend to return it, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, in Huntington Beach, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. As a parallel to the charge of receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the car or truck can get you arrested for possession of a stolen vehicle.
At the Law Offices of David S. Chesley, you'll work with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Call today to start protecting your freedom.
Grand Theft Auto — California Penal Code § 487(d)(1)
If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — all automobile thefts fall under the umbrella of "grand theft" in the state. This means even stealing a beater worth $200 can result in a grand theft auto charge.
Grand theft auto charges often hinge on your intentions during the alleged theft — if you were going to bring it back, then it wasn't technically a theft, it was joyriding.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Huntington Beach, 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 is one of the main vehicle theft laws in California. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. This law is relevant any time someone allegedly drives a vehicle without permission.
This charge is popular in Huntington Beach, CA, courts as either a plea deal or as its own charge.
Joyriding — California Vehicle Code § 10851
Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.
It's typical for joyriding to be treated as a misdemeanor in Huntington Beach, CA. 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 | |
|---|---|---|
| Key Distinction | Intent to return | Intent to keep permanently |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Because this action involves violence, carjacking is always a felony and is often ineligible for probation.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have 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 — and that's often where your vehicle theft crimes lawyer can challenge the case.
Possible Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Defend in Huntington Beach, CA
White collar crimes in Huntington Beach, CA, can be any one of a variety of charges, but each of them share one thing in common: misusing professional power for financial gain.
Many white collar crimes are defined by how money is transferred. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery 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 at first glance). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft is the taking of another person's personal information. You can face either of these charges without having taken money from the alleged victim.
Forgery, Money Laundering, Fraud & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Huntington Beach, CA, but you'd be wrong. The punishments can be dire — prison sentences, financial penalties, professional license revocation, and permanent stains on your reputation. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a position for personal benefit. Huntington Beach, 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 you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.
Frequent embezzlement scenarios: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
Possible Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Repay alleged victims, employment restrictions
Money Laundering — California Penal Code § 186.10
Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It commonly is made up of three steps: placement (bringing the illegally-obtained money into the economy), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering law is set to combat transactions higher than $5,000 when the alleged offender was aware that the money was dirty. Federal money laundering charges (18 U.S.C. § 1956) can also apply, risking up to two decades of prison time.
Potential Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or double the laundered amount
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
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 targets multiple forms of bribery — that of elected officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Huntington Beach, CA, theft crimes lawyer is essential to protect you from the prosecution.
Who can face bribery charges? Both the person offering the bribe and the person accepting it could face charges in Huntington Beach, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
You can be charged with forgery in Huntington Beach, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. State law is broad and covers bills, money orders, stock certificates, vehicle titles, power of attorney documents, warrants, prescriptions, lottery tickets, and many other types of written instruments.
What if I didn't use the forged document? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the act of creating or using the false document, is sufficient for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
You can face identity theft allegations in Huntington Beach, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.
Crucially: No financial loss to the victim has to occur for a conviction. Just taking and using someone else's information without a legal reason is enough to violate state law. Because of this, you need to work with an expert theft crimes lawyer whatever the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Huntington Beach, CA, and increasingly involve federal charges when conducted online, across state lines, or at scale.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend in Huntington Beach, CA
Fraud is one of the most common white collar crimes in Huntington Beach, CA, and it has several subcategories. Generally speaking, a person who commits theft by misrepresenting themselves or a situation in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. As an example, a person who intentionally burns down their house then tells the insurance company that it was an accident can be charged with insurance fraud.
This is not unlike welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another notable form is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Huntington Beach, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.
Fraud, False Pretenses & Financial Deception
You could face accusations of fraud in Huntington Beach, CA, for a wide variety of actions — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Many "fraud" charges in Huntington Beach fall under California's 'theft by false pretenses' law. This is when a person tricks another person through disonest means, 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: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; collecting donations for a nonexistent charity.
If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level 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. Insurance fraud charges are always a big deal, and are often felonies in Huntington Beach, CA. A leading theft crimes lawyer will defend your freedom and negotiation with the prosecutor to help you find the best outcome possible
Common examples include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.
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
Credit card fraud charges in Huntington Beach, CA, go beyond credit cards and involve the misuse of financial account access information. Charges can occur if someone is caught using another person's card without approvel, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or illegally taking or selling card account information.
Regarding federal charges: It's common in California credit card fraud cases for there to also be federal charges, especially when accounts are used across state lines or some part of the alleged crime occurred 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
Charges of welfare fraud in Huntington Beach, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Claiming income is less than it actually is; misrepresenting household composition; using another person's EBT card; pretending that a child is still a dependent when they are not; not reporting new circumstances that would end benefits 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 Huntington Beach, CA, theft crimes lawyer can push back against the prosecution's case and find you alternative paths forward.
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 occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To qualify forMedicare hospice benefits, the recipient must be predicted to pass away within half a year if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. These accusations are particularly dangerous because they are often charged in federal court in Huntington Beach, CA, meaning you're up against very difficult odds.
Important Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware that an investigation is underway until a search warrant is executed.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. In Huntington Beach, 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.
While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Critical Note: 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: Ineligibility for 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. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically targets 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 Huntington Beach, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Doctors, billing companies, office workers, and clerks have all found themselves accused of health care fraud in the past.
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, 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 — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare reimbursement, a patient must be homebound and require special care. Because of the particulars of the definition, these cases can vary wildly from one another.
A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Home health fraud charges in Huntington Beach, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Owners, administrators, therapists, and referring physicians have all been prosecuted.
Warning: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — 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 Fight in Huntington Beach, CA
Violent crime charges and theft charges often go hand in hand in Huntington Beach, CA. This can be the case when you're accused of robbery. A person commits robbery when they take something directly from another person by force. This is in contrast to burglary, the alleged theft occurred away from the alleged victim. Carjacking can be compared to grand theft auto in the same way.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. 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 relies more on threats than actual violence to commit a 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. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.
Robbery, Extortion & Force-Related Theft
When theft involves force, fear, or coercion, the penalties increase dramatically. Beyond the felony charges themselves, you could also be up against a strike on your record. It's essential to get a theft crimes lawyer in Huntington Beach, 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. Being convicted of robbery will likely result in a prison sentence as well as a strike.
Your robbery charge in Huntington Beach, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.
Potential Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
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. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to post compromising photos of someone online if they leave; threatening to deny someone a rightful certification unless special favors are given.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Defend in Huntington Beach, 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 storefront (in which case it would be commercial burglary), but not always. For example, if you supposedly smashed a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.
Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Due to this, these cases can often hinge on if you were allowed to be in the location or not.
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, that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. 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 Huntington Beach, 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 Huntington Beach, CA, making it all the more important to get an experienced theft crimes lawyer to defend you.
Lastly, you can face theft charges in Huntington Beach, CA, even if you didn't steal anything yourself. What can lead to this? 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
In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place for the purpose of committing a theft or any felony inside. Nothing actually needs to be stolen. Your motivation for entering the location is what matters.
This charge is always a felony and is considered a "strike" offense. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Huntington Beach, 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: 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
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. 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.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. 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. 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
If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Huntington Beach, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need a law firm with a track record of success, and you need them immediately.
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 no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
This charge applies to some people who are indirectly involved in a theft. Buying, selling, or disguising something that was stolen can lead to these charges.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without receipts, or from unknown sellers, does not make you guilty.
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 is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Huntington Beach, CA.
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
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 is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. 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 most often 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.
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. This means stealing even a nearly worthless firearm will end up with a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.
As if fighting the charges in your local Huntington Beach, CA court weren't bad enough, you could also find yourself up against federal charges. The potential dual nature of these charges multiplies the complexity. And it's even more important to work with an attorney who is able to protect you from even the toughest opponents.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
If the alleged victim was 65 or older, you might be up against elevated penalties. Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.
The prosecution in Huntington Beach, 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 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; phising emails that impersonate loved ones.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
In Huntington Beach, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. 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
Trying to steal something and failing is still a crime in Huntington Beach, CA. Attempted theft, burglary, or robbery in California needs to include: (1) a mental state of deliberate criminal activity, and (2) a tangible step is taken towards breaking the law — even if the attempt failed or was interrupted.
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.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
For any of the charges above, or more, when you reach out to the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Huntington Beach, CA, who will help you break down and navigate the charges. As a team, we will fight for the best outcomes possible in your case.
Facing Theft Allegations? These Are Your Next Steps
You need to take these accusations seriously. The Huntington Beach, CA, government is after you, not everyone will believe your side of the story, and the collateral consequences could be devastating. When you're alone, the odds can seem insurmountable.
But you have an ally. You have the Law Offices of David S. Chesley on your side. A Huntington Beach, CA, theft crimes lawyer from our team will guide you on how to navigate your case. Here are the steps we recommend taking:
1. Obey the Arresting Officer's Instructions
Mistakes here can hurt your case. If you're being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Resisting can only get you into more trouble.
2. Stay Calm and Don't Talk
There's a chance you'll be interviewed or interrogated – don't talk. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and you say something untruthful, you can be charged with perjury.
3. Contact a Huntington Beach, CA, Theft Crimes Defense Attorney ASAP
In California, people who have been arrested are given three phone calls. One of these should be to your theft crimes lawyer. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. We are available at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Work With Your Attorney to Build Your Defense
This is perhaps the most important step: building a defense against the charges. A skillful theft crimes lawyer in Huntington Beach, CA, will listen to your story, negotiate for deals with the state, and fight for charges to be dismissed wherever possible.
Powerful Defense Strategies for Theft Charges
As expert theft crime attorneys, we know that each case's defense strategy must be adapted to the specific details, proof, and accusations. If you're up against theft allegations in Huntington Beach, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.
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 Huntington Beach, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
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 you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Similar defenses consist of: 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 (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. Challenging the intent element is not simply a fallback strategy. This is a key part of nearly all theft defenses, especially in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
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 state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the investigators broke the law, the evidence can be suppressed and the prosecution may need to drop charges.
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 leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that go beyond the limits of a legally obtained warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
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 be the difference between a conviction and acquittal. Suppression motions are fully litigated in Huntington Beach, CA, courts, and frequently come up in theft cases.
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: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out
False Accusation / Misidentification
The Huntington Beach, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can stem from personal disagreements, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — you need a Huntington Beach, CA, theft crimes lawyer to protect your freedom.
False accusations in Huntington Beach, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, under poor lighting conditions, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; showing issues with how eyewitness identifications were obtained; attacking the character of the person making the allegations; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between witness statements made at different points in time.
If you have been falsely accused: Stay away from witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to police without your theft attorney present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.
Lack of Knowledge — If you merely were holding property that turned out to be stolen, the prosecution must prove you knew the property was stolen. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Consent regarding your use of the property is a strong defense in Huntington Beach, CA, theft cases. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.
Rights Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Diversion Programs — For many first-time offenders, California offers diversion programs that can protect you from a conviction. This is often a favorable outcome for our clients that we will fight to secure.
Disputing the Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. We'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, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — in a newly added requirement — in many cases, must not have served time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
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.
Here are some of the advantages of getting your theft conviction expunged: Of note, you won't have to note any convictions on private job applications. That said, expungement does not seal a criminal record from all access — it doesn't allow gun ownership, 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) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is full sealing, restoration of firearm rights, or clearing a prior strike, you will need a different method of expungement. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.
Relief Options:
- PC § 1203.4: Dismissal after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Common Theft Crimes Questions in Huntington Beach, CA
What's the difference between petty theft and grand theft in Huntington Beach, California?
The primary distinction is the value of the property allegedly taken. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Both require an attorney, but grand theft charges demand urgent and aggressive representation.
Does California allow me to expunge my record from a theft crime?
Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. 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 should I expect from first-time shoplifting charges in Huntington Beach, CA?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Additionally, we can often secure alternative sentencing options which will keep you out of jail. An attorney can make a major difference and help you with avoiding a conviction and protecting your record.
I didn't know the property was stolen. Can I still be convicted?
In many cases, being unaware of stolen property's origins can make for a strong defense. If you honestly weren't aware and had no reasonable basis to suspect it, you can build the foundation of your defense upon that fact. Our attorneys challenge the "knowledge" element aggressively in these cases. However, circumstances like strangely good deal or lack of receipts can erode your case, which is why an attorney is essential.
How serious is a grand theft auto charge in Huntington Beach, CA?
Very serious. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have any prior convictions, you are at risk of harsher penalties. Get in touch with us right away if you're facing this charge.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — such as 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. Huntington Beach, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Call us to review what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you actually took anything doesn't matter — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and challenging how it's proven — is central to burglary defense.
Fighting Theft Allegations in Huntington Beach, CA? Call Our Firm to Defend Your Freedom.
Every theft allegation is a big deal. The Law Offices of David S. Chesley is prepared to defend you — 24 hours a day, 7 days a week. Contact us now for a free, confidential case review.
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