Theft Lawyer Indio, CA. Being arrested for theft is just the beginning . Theft charges in particular can be complex because of the wide variety of them. Without help, it's easy to find yourself in a spot where you feel hopeless.
Even when the charges are piling up against you, you have a path forward: The Law Offices of David S. Chesley. Our legal team has the tools and training to fight against any theft and related charges. With a Indio, CA, theft crimes lawyer from our team building your defense, you're going to get honest advice on how to get the best outcome possible.
Speak with a theft crimes attorney today at (800) 755-5174 or use our contact form for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.
Why You Need a Leading Indio, CA, Theft Defense Lawyer
You should never take theft allegations lightly, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to figure out a convoluted legal code and increase your risk of the following penalties:
- Jail Sentence: Jail time is a common consequence for theft in Indio, CA.
- Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Career Setbacks: Having a criminal record can negatively affect your future career goals.
- Damaged Character: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
To maximize your chances of replacing these consequences with freedom, you'll need a Indio, 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 Indio, CA Theft Defense Lawyers
Not every criminal defense firm is created equal. Here's what set us apart — and how it will impact your case:
- A Team Of 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 what weaknesses to exploit.
- Longstanding Court Relationships — With more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
- Trial-Ready From Day One — 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.
- Expungement Services — Even after the fact, we're still here to help. Don't let an arrest or criminal record hold you back — speak with one of our Indio, CA, criminal defense attorneys to discuss expungement options.
- Terrific Reputation – We are well-known for our tenacious representation.
- Available 24/7 — Our team is available whenever you need us most. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
- Fully Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.
Every Theft Charge We Defend in Indio, CA
Use the links below to navigate directly to a full explanation of the law, consequences, and more.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Indio, CA, Theft Allegations We Defend Against
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. When you need a theft crimes lawyer in Indio, CA, don't wait: Reach out now for a free, confidential consultation.
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
California breaks down most theft crimes into two categories: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without permission. The main difference is the amount that was supposedly taken: For anything $950 or less, the classification will generally be petty theft, while any more will typically be grand theft.
Defending petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Theft Charges | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $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
Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, 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 Indio, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.
Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) has been a target of recent California laws, and is prosecuted harshly in Indio, CA.
Shoplifting Possible Penalties:
- Misdemeanor Jail: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies are: Theft was unintentional, 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. Indio, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.
To charge PC § 666, the Indio, CA, district attorney must establish: (1) the suspect is guilty of petty theft; and (2) the suspect 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. 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: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Indio, CA
We will fight against all sorts of vehicle theft crimes in Indio, CA. One of the ones people commonly think of is grand theft auto, but that's technically not its own charge. Grand theft auto is a smaller part 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 alleged offender wasn't going to keep it, they're probably going to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, joyriding charges are almost always better to face in Indio, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.
One final vehicle theft-related charge that some people underestimate is possession of a stolen vehicle. Just like receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Even just owning or holding onto the vehicle is enough for a conviction.
When you work with us, you'll partner 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 building your defense.
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 Indio, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Indio, 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 commonly charged with or in place of grand theft auto. It covers situations where the alleged offender both did and didn't intend to return the vehicle. This law is relevant any time someone allegedly drives a vehicle without permission.
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. Even though it's not normally as bad as grand theft auto, it can still be charged as a felony. To protect your freedom, you need an experienced Indio, CA, vehicle theft crimes lawyer to build you a solid defense.
It's typical for joyriding to be treated as a misdemeanor in Indio, CA. That said, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Temporarily deprive | Permenantly deprive |
| Normal Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
Carjacking is one of the most serious vehicle-related charges in California. It is defined as taking a motor vehicle from another person through force or fear — essentially a robbery of a car. Due to the violent nature of the crime, carjacking is always a felony and is not eligible for probation in many circumstances.
Carjacking is also a "strike" offense under California's Three Strikes law. A conviction can have lifelong consequences beyond just the immediate sentence.
Potential Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have a car that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The state must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
White Collar Crime Charges We Fight in Indio, CA
White collar crimes in Indio, CA, can be any one of a variety of charges, but all of them have one thing in common: abuse of an organization for personal gain.
Several white collar crimes center around taking or hiding money in some way. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.
Not all white-collar crimes are centered around the exchange of money, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of another person's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Forgery, Identity Theft, Fraud & More
White collar crimes carry severe consequences even without physical violence — prison sentences, financial penalties, professional license revocation, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Synopsis
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a position for personal benefit. Indio, 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. Call us now if you have any reason to believe the police are looking into you. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Hypothetical examples: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, professional consequences
Money Laundering — California Penal Code § 186.10
Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It usually involves three steps: placement (adding the dirty money into the legitimate financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (using the funds for legitimate purchases, to further disguise them).
California's money laundering statute is set to combat transactions of more than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what position you're in, a Indio, CA, theft crimes lawyer is essential to advise you on how to address these charges.
What if they didn't accept the bribe? Both the person offering the bribe and the person accepting it could face charges in Indio, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.
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
Forgery involves creating, altering, or using a false document with intent to defraud. State law is broad and covers checks, receipts, contracts, deeds, power of attorney documents, warrants, prescriptions, lottery tickets, and many other types of written instruments.
Critical point: You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the creation or use of the forged document, is enough 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 Indio, CA if you use someone else's personal information without permission for any unlawful purpose, including obtaining credit, property, services, or medical information.
What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Just taking and using another person's information without a legal reason is enough to trigger criminal charges under state law. This makes it critical to work with an expert theft crimes lawyer regardless of the specifics of your situation.
Identity theft accusations are aggressively prosecuted in Indio, CA, and increasingly involve 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 Indio, CA
Fraud encompasses a variety of specific theft types in Indio, CA. Broadly 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 a basic type of this crime.
Insurance fraud is a popular type of fraud in Indio, CA, wherein someone lies to an insurance company to collect more money than they are supposed to. As an example, if someone were to hide their valuable property and claim it was stollen, that person can be charged with 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 claiming a child as a dependent to receive financial support, when the child has in fact moved out.
Another popular variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Types of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Indio, 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
Many "fraud" charges in Indio fall under California's 'theft by false pretenses' law. This is when a person tricks another person through disonest means, who then freely gives up something of value based on the false information. 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; pitching investments based on false information; 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. If you're facing insurance fraud charges in Indio, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will fight the allegations and consider multiple defenses to help you find the best outcome possible
Common examples include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; 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: Full repayment to insurer
- Additional: License revocation for professionals
Credit Card Fraud — California Penal Code § 484e–484j
You can face credit card fraud charges in Indio, CA, for a variety of actions done with a credit or debit card. Charges can occur if someone is caught using another person's card without permission, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally obtaining or selling card account information.
Note on federal charges: It's common in California credit card fraud cases for there to also be federal charges, particularly when accounts are used across state lines or some part of the alleged crime occurred online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.
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 Indio, 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; using fake identities to collect extra benefits; using another person's EBT card; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.
Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A leading Indio, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.
Potential Penalties:
- Under $950 (commonly): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Loss of future benefit eligibility
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if their current health conditions progress in a typically expected manner — many hospice fraud cases are the result of these predictions being inaccurate.
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. These accusations are particularly dangerous because they are often charged in federal court in Indio, CA, meaning you're up against very difficult odds.
Critical Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's Medicare program. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Indio, CA.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Important: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Both the person paying and the person receiving a kickback can face prosecution.
Potential Penalties:
- Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus civil monetary penalties per claim
- Additional: Mandatory exclusion from all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.
You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Without an expert Indio, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Physicians, 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, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare benefits, the person receiving care must be homebound and require skilled care. Because of the particulars of the definition, these cases can vary wildly from one another.
A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Indio, CA. 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — 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 Indio, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Indio, 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. Versus burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.
Extortion is a unique form of theft. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. As an 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
When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. It's essential to get a theft crimes lawyer in Indio, CA to protect your freedom.
Robbery — California Penal Code § 211
Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Robbery is always a felony and always a strike offense.
Your robbery charge in Indio, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.
Potential Penalties:
- 1st Degree Prison: 3, 4, or 6 years
- 2nd Degree Prison: 2, 3, or 5 years
- Weapon Use: +3 to 10 years
- Three Strikes: Yes — serious felony
Extortion (Blackmail) — California Penal Code § 518
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to 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 Indio, CA
Burglary charges in Indio, CA, are distinct from theft, but often go hand-in-hand. In California, you can be charged with this crime if you break into a site to either commit theft or commit another crime. In most cases, this is a building, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly 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, there is always an element of trespassing involved. Because of 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. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. 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. The differences in charges had a major impact for several offenses and penalties. Today, shoplifting is no longer a subset of burglary offenses in Indio, CA, and faces more lenient penalties if convicted.
Vandalism also shares many qualities with burglary. 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 very likely that you'll be charged with both burglarizing and vandalizing a location together in Indio, CA, making it all the more important to get an expert theft crimes lawyer to fight for your freedom.
Lastly, even if you don't commit a theft, you can face related charges in Indio, CA. What can lead to this? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.
Burglary, Home Invasion & Related Charges
Indio, CA burglary charges can be wildly different from one another, and may not even involve theft — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.
Residential Burglary (First Degree) — California Penal Code § 459
The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence with the intent to commit a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is the key to burglary charges.
Residential burglary is always a felony and will add a strike to your record upon a conviction. This is one of the most serious theft-adjacent charges in California law, and Indio, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison: 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.
Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.
Potential Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. This charge commonly arises when someone smashes a car window to take items left inside. 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.
Common misconception: The vehicle must be locked for a burglary charge to apply. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. 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 up against home invasion charges, you need the most experienced criminal defense team available, and you need them as soon as possible.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Other Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. You need a Indio, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
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 a great deal, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Indio, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).
The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.
Potential Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
Without compounding charges, trespassing is typically charged as a misdemeanor or infraction. However, Indio, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: 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
Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
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 the theft of even a low-value firearm results in 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.
To make things worse, you may also have to fight in federal court. The potential dual nature of these charges multiplies the complexity. And it's even more critical to have an attorney with the skills to fight for you at all levels.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. 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 Indio, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.
Common scenarios: Lenders pressuring the elderly to take bad loans; family member using power of attorney to take money; fake contractor promises work but never completes it; impostor pretends to be a law enforcement official.
Potential Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
During emergencies, stealing property can be charged as looting. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
These charges are often looked upon very negatively in Indio, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. Looting is considered a way of taking advantage of Indio 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. For it to be considered an attempt, the prosecution needs to prove two things: (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. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
No matter what you've been accused of, when you contact us, you can talk to an expert theft crimes lawyer in Indio, CA, who will listen to your side of the story and build a defense around that. Together, we will defend your rights and your freedom.
What to Do if You're Accused of Theft
Being charged with theft can be intimidating. There could be a warrant out for your arrest, not everyone will believe your side of the story, and the collateral consequences could be devastating. Without help, the odds can seem insurmountable.
But you're not alone. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. A Indio, CA, theft crimes lawyer from our team will guide you on how to navigate your case. If you're up against theft crime accusations, here are our recommendations:
1. Do Not Resist Arrest
While it's reasonable to feel angry about being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Refusing to comply can only lead to additional charges.
2. Keep Calm and Stay Silent
You may be questioned by the police – don't talk. 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 accused of perjury.
3. Contact a Indio, CA, Theft Crimes Defense Attorney ASAP
In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. Getting legal assistance quickly can protect you from making mistakes that will come back to hurt you later. 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 fight for your pre-trial release and lower bail requirements. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Work With Your Lawyer to Create a Defense Strategy
This is perhaps the most important step: building a defense against the charges. An accomplished theft crimes lawyer in Indio, CA, will take the time to listen to you, negotiate for deals with the state, and fight for charges to be dismissed wherever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy needs to be tailored to the specific details, proof, and allegations. Below, you can read about some of the popular ways we will fight theft cases in Indio, 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.
A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. 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. Additional intent-based defenses consist of: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).
Key point: 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. It is often the strongest available defense, especially in cases involving family disagreements, where sometimes people can forget about who the formal owner of a piece of property is and unintentionally misuse it.
Using This Defense:
- Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
- Embezzlement: Challenges the fraudulent conversion element
- Fraud / False Pretenses: Attacks the knowing misrepresentation element
- Receiving Stolen Property: Challenges knowledge that property was stolen
Illegal Search & Seizure in Theft/Burglary Cases
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 authorities disobeyed regulations, the evidence can be thrown out and the district attorney 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 leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the scope 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 — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — if the court allows some evidence but not all of it — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Indio, CA, courts, and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
- Vehicle Searches: Require a warrant, 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 Indio, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can come from personal disputes, cases of mistaken identity, misunderstandings about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — you need a Indio, CA, theft crimes lawyer to protect your freedom.
One of the ways that innocent people are commonly accused in Indio, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — most notably across racial lines, if they didn't have a clear sightline, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Indio, CA, court.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; showing issues with how eyewitness identifications were obtained; attacking the character of alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between witness statements made at different points in time.
If you are innocent: Stay away from witnesses, do not try to collect evidence yourself, and do not talk to the police without your theft defense lawyer present. You might make a mistake, or the police might misinterpret something you say. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — If you merely were holding property that turned out to be stolen, the state must prove you knew the property was stolen. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.
Consent / Permission — Theft requires that property be taken without the owner's consent. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.
Constitutional Violations — 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 — For many offenders without a record, California offers sentencing alternatives that can result in charges being dismissed after completing community service, restitution, or counseling. We identify every diversion opportunity available in your specific case.
Disputing the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We'll show the true value of the property and argue for lesser charges.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, 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, such as paying fines and restitution; not have any pending criminal charges against you; and — in a newly added requirement — in many cases, must not have been incarcerated in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).
If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
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, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Indio, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Critical Note: 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 for the record to be totally inaccessible, to be able to legally own a gun again, or clearing a prior strike, a more comprehensive post-conviction strategy is required. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Frequently Asked Questions About Theft Charges in Indio, CA
What's the difference between petty theft and grand theft in Indio, 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). Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Both require an attorney, but grand theft charges demand urgent and aggressive representation.
Is it possible to expunge a theft conviction in California?
Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.
What should I expect from first-time shoplifting charges in Indio, CA?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. Our theft crimes attorneys can significantly improve your odds of avoiding a conviction and protecting your record.
I didn't know the property was stolen. Can I still be convicted?
If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you sincerely weren't aware and didn't have a reason to suspect it, you can build the foundation of your defense upon that fact. Our attorneys challenge the "knowledge" element aggressively in these 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 Indio, 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 are at risk of harsher penalties. Call us as soon as possible at (800) 755-5174.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
You can avoid jail in many cases, actually. Indio, 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. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact our firm to review what options exist in your case.
Can I be charged with burglary if I didn't steal anything?
Unfortunately, yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you actually took anything is irrelevant — 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.
Need a Theft Defense Attorney in Indio, CA? Call to Defend Your Freedom.
There is no such thing as a minor theft accusation. Our attorneys are equipped to defend you — whenver you need help. Contact us now for a free, confidential case review.
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