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Theft Lawyer Laguna Niguel, CA. When you are charged with a crime in Laguna Niguel, it's easy to feel overwhelmed. Theft charges in particular can be complex because of the wide variety of them. On your own, it can feel impossible to win.

Even when you're at your lowest point, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our lawyers have what it takes to guard your freedom against the prosecution. With a Laguna Niguel, CA, theft crimes lawyer from our team on your case, you'll have someone by your side from day one until you get justice.

Speak with a theft crimes attorney now at (800) 755-5174 or connect with us online for a free, confidential consultation. Waiting too long to reach out can cost you everything.

The Importance of a Theft Lawyer in Laguna Niguel, CA

You should never take theft allegations lightly, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to decipher a intricate legal code and increase your risk of the following penalties:

1. Jail Sentence: Most theft charges in Laguna Niguel, CA, carry a potential jail sentence of six months or more.
2. Fines: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
3. Career Setbacks: Having a criminal record can negatively affect your future career goals.
4. Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
5. And more.

If you want to avoid all of this, you need a distinguished Laguna Niguel, CA, theft crimes lawyer. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:

Why You Should Hire Our Laguna Niguel, CA Theft Defense Lawyers

Picking the right Laguna Niguel, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and how it will impact your case:

• Former Prosecutors & 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.
• Defenses Built for Trial — No matter what the charge is, we prepare as if for a trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
• Record Expungement Services — Our representation doesn't end at the verdict. Don't let an arrest or criminal record hold you back — speak with one of our Laguna Niguel, CA, criminal defense attorneys to discuss expungement options.
• Terrific Reputation – We are well-known for our tenacious representation.
• Available 24/7 — Arrests happen at all hours. So do we. 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.
• Completely Private — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Theft Charges We Will Fight in Laguna Niguel, CA

Click any charge below to navigate directly to a full breakdown of the law, penalties, and more.

Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes

Theft Cases We Fight in Laguna Niguel, CA

With over 50 years of combined legal experience, we have what it takes to protect your rights. Should you need a theft crimes lawyer in Laguna Niguel, CA, act fast: Reach out right away for a free consult to go over your charges.

Below are some of the main theft crime accusations we fight against in Laguna Niguel, CA:

Petty Theft Charges vs Grand Theft Charges

In Laguna Niguel, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property when you weren't allowed to. The distinguishing factor is the amount that was supposedly taken: If it was $950 or less, the classification will ordinarily be petty theft, while higher values will generally be grand theft.

Fighting petty theft allegations 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 is usually more challenging because it is more frequently charged as a felony. In either case, a skillful theft crimes lawyer can help you minimize penalties.

Here's a breakdown of what distinguishes petty and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, most shoplifting charges are misdemeanors. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Whether you're up against a felony or misdemeanor charge, a local Laguna Niguel, CA theft crimes lawyer can help you maximize your chances of a positive outcome.

Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in Laguna Niguel, CA.

Shoplifting Possible Penalties:

• Jail Time: Up to 6 months
• Fines: Up to $1,000
• Civil Demand: Retailers may send civil demand letters
• Other: Probation, banned from store

Potential defenses consist of: Theft was unintentional, wrong identity, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. This is one of the most common mechanisms used in Laguna Niguel, 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 defendant committed petty theft; and (2) the defendant has previously been found guilty for certain crimes, mostly theft related — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.

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 Defend in Laguna Niguel, CA

Whatever Laguna Niguel, 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 technically not a law of its own. Grand theft auto is a smaller part of the state'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 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, in Laguna Niguel, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. Just like receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Just owning or having the car or truck is enough for a conviction.

At the Law Offices of David S. Chesley, 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 making your case.

Grand Theft Auto — California Penal Code § 487(d)(1)

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — 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.

The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).

Possible Penalties:

• Charge Type: Wobbler (usually felony in Laguna Niguel, CA)
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. 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 Laguna Niguel, CA, courts as either a plea deal or as its own charge.

Joyriding — California Vehicle Code § 10851

Joyriding refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. 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 Laguna Niguel, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Laguna Niguel, CA, joyriding cases are handled as misdemeanors. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.

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. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Laguna Niguel, CA prosecutor is likely going to pick carjacking over another offense. Because this action involves violence, carjacking is always a felony and is not eligible for probation in many circumstances.

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 automobile when you knew or should have know it was stolen, PC § 496d still applies, regardless of your involvement in its theft.

This charge frequently catches people who buy vehicles through informal channels, accept a vehicle as a gift, or borrow a car without fully investigating its ownership history. The state must prove were aware that 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 Fight in Laguna Niguel, CA

White collar crimes in Laguna Niguel, CA, can be any one of a variety of charges, but all of them have one thing in common: misusing professional power for financial gain.

Several white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.

Not all white-collar crimes involve financial exchanges, though (at least at first glance). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.

Embezzlement, Money Laundering, Fraud & More

White collar crimes carry severe consequences even without physical violence — incarceration, massive fines, major career setbacks, and long-lasting reputational damage. These cases require attorneys with deep financial and legal sophistication.

White Collar Crimes — Overview

The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a professional for personal gain. These cases are some of the most complicated in Laguna Niguel, CA, and normally require highly experienced representation to defend.

In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. Call us now if you have any reason to believe the police are looking into you. Pre-charge representation can sometimes prevent an indictment entirely.

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: An accountant siphoning company funds; 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: 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 typically is made up of three stages: placement (introducing dirty money into the financial system), layering (disguising the trail through complex transactions), and integration (making the funds appear legitimate).

California's money laundering statute specifically targets financial actions over $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. You could also face federal money laundering charges under 18 U.S.C. § 1956, which tends to have much harsher penalties.

Possible Penalties (State):

• Prison: 16 months, 2 years, or 3 years
• Fines: Up to $250,000 or double the laundered amount
• Federal Add-On: Up to 20 years federal prison

Bribery — California Penal Code § 67–68 / § 92

You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of elected officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Whatever position you're in, a Laguna Niguel, CA, theft crimes lawyer is essential to give you insights into successful defense strategies.

Who can face bribery charges? Whether you offered or accepted a bribe, you could face charges in Laguna Niguel, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent ineligibility for office
• Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers checks, money orders, contracts, deeds, wills, warrants, notary public symbols, lottery tickets, and many other types of written instruments.

Who can face forgery charges? The forgery charges are independent of any related fraud charges, so anyone can be charged even if they didn't use the forged item. Just the plan to commit fraud, in addition to the act of creating or using the false document, is enough to be convicted.

Potential Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year

Identity Theft — California Penal Code § 530.5

In Laguna Niguel, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, including obtaining credit, property, services, or medical information.

Crucially: You can be found guilty even if the alleged victim didn't lose any money. Just taking and using someone's information without authorization is enough to warrant a crime under California statute § 530.5. This makes it critical to work with an expert theft crimes lawyer regardless of the particular of your situation.

Identity theft accusations are aggressively prosecuted in Laguna Niguel, CA, and often involve federal charges for more serious, widespread, or online cases.

Potential Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Per Victim: Charges can stack — one count per victim
• Federal: Up to 15–30 years (aggravated cases)

Fraud Charges We Defend in Laguna Niguel, CA

Fraud is one of the most common white collar crimes in Laguna Niguel, CA, and it has several subcategories. Generally speaking, someone 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 is one of the more common version of fraud.

Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. As an example, a person who intentionally burns down their house then tells the insurance company that it was an accident is guilty of insurance fraud.

A related fraud crime is welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.

Another popular variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

An expert theft crimes lawyer in Laguna Niguel, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.

Different Kinds of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Laguna Niguel, CA, for a wide variety of actions — in most cases, it's a small, individual action, but there have been massive systems of fraud as well. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.

Theft by False Pretenses / Fraud — California Penal Code § 532

Theft by false pretenses is one of the most common fraud charges in Laguna Niguel. These allegations are used when a person lies to someone else, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.

Common examples: Lying about being a contest winner; pretending to be a tech support assistant; pitching investments based on false information; lying about the condition of goods sold.

If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.

Insurance Fraud — California Penal Code § 550

Lying to an insurance company to receive a payout or other benefit is insurance fraud. If you're facing insurance fraud charges in Laguna Niguel, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

Frequent forms include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; arson for insurance proceeds; fabricating injuries; health insurance billing fraud.

Potential Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or twice what was defrauded
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: Career and job restrictions/penalties

Credit Card Fraud — California Penal Code § 484e–484j

Credit card fraud charges in Laguna Niguel, CA, go beyond credit cards and involve the misuse of financial account access information. Charges can occur if someone is caught using another individual's card without authorization, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally acquiring or selling card account information.

What to know about 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 the internet is involved. 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.

Possible Penalties (State):

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Federal Prison: Up to 15 years (federal charges)

Welfare Fraud — California Welfare & Institutions Code § 10980

Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.

Common examples: Failing to report income; using fake identities to collect extra benefits; Trading or selling food stamps; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.

Penalties for welfare fraud, if convicted, can result in fines, prison time, and required repayment of the value taken. A local Laguna Niguel, CA, theft crimes lawyer can dissect the prosecution's case and boost your chances of a positive outcome.

Potential Penalties:

• Under $950 (typically): Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Repayment: Full restitution to the government

Additional: Loss of future benefit eligibility

Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Hospice fraud accusations in Laguna Niguel, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To legally receiveMedicare hospice benefits, the person being treated must have a projected lifespan of six months or less if the illness runs its normal course — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.

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. And as if it weren't bad enough going up against the Laguna Niguel, CA, government, you're likely to face federal charges and accusations from federal investigators.

Important Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. Providers are often unaware that an investigation is underway until a search warrant is executed.

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)
• Extra: 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. In Laguna Niguel, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.

Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.

Critical Note: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Both the person paying and the person receiving a kickback can face prosecution.

Possible Penalties:

• Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus civil monetary penalties per claim
• Additional: Mandatory exclusion from all federal health care programs

Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Health care fraud charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. These allegations apply in broader situations than Medicare, including when a non-governmental insurance agency is involved.

You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. These are some of the most complicated cases to defend in Laguna Niguel, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing organizations, office workers, and clerical staff have all faced prosecution depending on their level of involvement.

Potential Penalties:

• Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
• If Death Results: Up to life imprisonment (federal)
• State Felony: 2, 3, or 5 years (CA PC § 550)
• Fines: Up to $250,000 (individual) or $500,000 (organization)
• Additional: Restitution, professional license consequences

Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Home health fraud, 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 medical social services. In order to be eligible for Medicare benefits, a patient must be homebound and require specialized care. Home health fraud exploits this framework in a variety of ways.

One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Home health fraud charges in Laguna Niguel, 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.

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 Laguna Niguel, CA

Violent crime charges and theft charges often go hand in hand in Laguna Niguel, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, the alleged theft occurred away from the alleged victim. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.

However, some thefts which did not start out violent can end up involving violence. Home invasion charges can start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.

Extortion is a unique form of theft. When one person commits extortion, they threaten another in order to get something from them. The threats don't always have to consist of physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. For 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

Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. You're almost guaranteed to be facing felony charges. It's essential to get a theft crimes lawyer in Laguna Niguel, 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. All robbery charges in California are felonies.

The state of California divides robbery charges into two degrees:

• First-Degree Robbery: This is charged when the alleged offense took place:
  1. In someone's house, vehicle, or other building,
  2. In a taxi, or
  3. While the alleged victim was using an ATM
• Second-Degree Robbery: This is charged in any other circumstances

The penalties are usually worse for first-degree robbery.

Possible Penalties:

• 1st Degree Prison: 3, 4, or 6 years
• 2nd Degree Prison: 2, 3, or 5 years
• Weapon Use: +3 to 10 years
• Three Strikes: Yes — serious felony

Extortion (Blackmail) — California Penal Code § 518

If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to report someone for a crime unless paid; threatening to damage someone's storefront unless they pay "protection money;" threatening to harm someone's reputation unless granted a professional favor.

Potential Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years
• Fines: Up to $10,000

Burglary Charges We Fight in Laguna Niguel, 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 break a different law. In most cases, this is a building, like a storefront (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.

Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Due to this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.

Burglary Related Charges

Shoplifting also involves the theft of items from a store, similar to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But 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 Laguna Niguel, CA, and faces more lenient penalties if convicted.

Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to burglarize someone's home. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Laguna Niguel, CA, heightening your need for a top quality theft crimes lawyer to fight for your freedom.

Finally, you can face theft charges in Laguna Niguel, 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 — 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

In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place while planning to commit a theft or any felony inside. Nothing actually needs to be stolen. The intent at the moment of entry is what matters.

This charge is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Laguna Niguel, 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 available 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. You could face either misdemeanor or felony charges for this offense.

Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.

Possible Penalties:

• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Charge Type: Wobbler

Burglary of a Vehicle — California Penal Code § 459

Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. This could be either a misdemeanor or a felony, depending on how the Laguna Niguel, CA prosecutor interprets the circumstances.

Key distinction: The vehicle must be locked for a burglary charge to apply. An unlocked vehicle can still lead to theft charges, but the burglary enhancement requires that the vehicle was secured in some way.

Home Invasion Burglary With Violence — California Penal Code § 459 / § 211

At the intersection of burglary and violent crimes are home invasion charges. Laguna Niguel, 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.

As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them right away.

Potential Penalties:

• Burglary Base: 2, 4, or 6 years
• Robbery Add-On: Additional 2–5 years
• Weapon Enhancement: Additional 3–10 years
• Three Strikes: Yes — multiple strikes possible

Property & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. You need a Laguna Niguel, 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. California law makes it illegal to hide, purchase, sell, or otherwise possess stolen property, regardless of whether or not you're the one who stole it.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without receipts, or from unknown sellers, does not prove that you were aware the items were stolen.

Possible Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year

Vandalism — California Penal Code § 594

Vandalism charges are about more than just graffiti; if Laguna Niguel, 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).

Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.

Possible Penalties:

• Under $400: Misdemeanor — up to 1 year jail
• Over $400: Wobbler — up to 3 years prison
• Restitution: Full repair/replacement cost to victim
• Additional: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

Trespassing involves entering or remaining on another person's property without permission. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.

Standing alone, trespassing is ordinarilly 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. Defenses often hinge on whether permission was given or reasonably believed to exist.

Perjury — California Penal Code § 118

Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.

Do not make this mistake: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.

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 nearly worthless 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. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more important to have an attorney that has wide resources and strong legal skills.

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

California law provides special enhanced protections for victims aged 65 or older (and dependent adults). You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.

This offense is aggressively prosecuted in Laguna Niguel, CA, and enhanced sentencing applies. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.

Common scenarios: Caregiver overcharging for services; family member using power of attorney to take money; contractor overcharging vulnerable seniors; impostor pretends to be a law enforcement official.

Possible Penalties:

• Base Sentence: Same as underlying theft offense
• Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
• Enhancement (70+): Additional consecutive years for large losses
• Civil Liability: Up to 3× damages in civil court

Looting — California Penal Code § 463

Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.

In Laguna Niguel, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. These acts are viewed as particularly heinous, and penalties can be severe. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

Potential Penalties (Enhanced):

• Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
• Commercial Burglary → Looting: Felony — 16 months to 3 years
• Residential Burglary → Looting: Felony — 2 to 6 years
• Bail: Often denied or set very high during emergency periods

Attempted Theft, Attempted Burglary & Attempted Robbery

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. Attempted theft, burglary, or robbery in California needs to include: (1) the specific intent to commit the crime, and (2) a direct, unequivocal act toward committing it — whatever the outcome was.

Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.

California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.

For any of the charges above, or more, when you call the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Laguna Niguel, CA, who will help you break down and navigate the charges. As a team, we will defend your rights and your freedom.

What to Do if You're Accused of Theft

Theft allegations are just the tip of the iceberg. You're up against the Laguna Niguel, CA, prosecutor's office, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. Without help, it can seem impossible.

But you're not alone. The Law Offices of David S. Chesley is here to help. When you work with us, you will get a Laguna Niguel, CA, theft crimes lawyer who will listen to your story and advocate for your rights. If you're up against theft crime accusations, here are our recommendations:

1. Comply With the Police

Mistakes here can hurt your case. If you're being arrested, don't resist. If you act civilly, it will make things go faster and easier. Refusing to comply can only get you into more trouble.

2. Keep Calm and Stay Silent

You may be questioned by the police – stay silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and you say something untruthful, you can be charged with perjury.

3. Call a Laguna Niguel, CA, Theft Crimes Defense Attorney Right Away

In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. 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 firm's theft crimes defense attorneys will argue against the prosecution for your release. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.

5. Cooperate With Your Attorney to Create a Defense Strategy

This is perhaps the most important step: building a defense against the charges. A skilled theft crimes lawyer in Laguna Niguel, CA, will hear your side of the story, negotiate with the state, and argue for a dismissal wherever possible.

Theft Lawyer Defensive Strategies

Your case is unique — and your defense strategy must be customized to the specific facts, evidence, and charges. Below, you can read about some of the popular ways we will fight theft cases in Laguna Niguel, CA.

Lack of Intent / Claim of Right Defense in Theft Cases

If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.

The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. More related defenses include: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).

Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.

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, how the evidence was obtained is just as important as what it is. If searches disobeyed regulations, the evidence can be thrown out and the district attorney may need to drop charges.

Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the scope of a valid warrant. In Laguna Niguel, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

In some cases, this is all it takes to mount a successful defense against theft charges. Even partial suppression — eliminating a single piece of highly damaging evidence — can make a big difference. Suppression motions are fully litigated in Laguna Niguel, CA, courts, and are an essential tool for the defense when facing theft charges.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: 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 Laguna Niguel, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can come from personal disagreements, cases of mistaken identity, mistaken assumptions about ownership, errors in surveillance footage interpretation, 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 Laguna Niguel, CA, theft crimes lawyer to protect your freedom.

Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, if they didn't have a clear sightline, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Laguna Niguel, CA, court.

Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the accuser; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between different witnesses' versions of events.

If you are innocent: Stay away from witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without your theft lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Contact defense counsel immediately and say nothing.

Lack of Knowledge — In some cases, 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 — 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 — 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 — Particularly for first-time offenders, California offers sentencing alternatives that can protect you from a conviction. If you are eligible, we will explore it as an option to protect your freedom.

Challenging the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4

Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, individuals who have successfully completed probation for a misdemeanor or felony theft conviction may petition the court to dismiss the charges and withdraw their guilty or no contest plea — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, such as paying fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — 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. 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.

Here are some of the advantages of getting your theft conviction expunged: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Laguna Niguel, CA who don't break any other laws after finishing their sentence, if enough time has passed.

Important: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is for the record to be totally inaccessible, to be able to legally own a gun again, or clearing a prior strike, you will need a different method of expungement. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

• PC § 1203.4: Charges dismissed after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the 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

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Common Theft Crimes Questions in Laguna Niguel, CA

What's the difference between petty theft and grand theft in Laguna Niguel, California?


The primary distinction is the value of the property allegedly taken. Petty theft misdemeanors are typical for anything $950 and below. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.

Can a theft charge be expunged from my record in California?


Often, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. 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 happens if I'm charged with shoplifting for the first time in Laguna Niguel, 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. An attorney can make a major difference and help you with avoiding a conviction and keeping your record clean.

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 didn't have a reason to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. That said, circumstances like strangely good deal or lack of receipts can lessen the strength of your defense, which is why an attorney is essential.

How serious is a grand theft auto charge in Laguna Niguel, 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 may also face enhanced sentencing. Get in touch with one of our theft crimes lawyers immediately if you're facing this charge.

What is a "wobbler" offense in California?


The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. Several 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?


It depends, but it is not always the case. Laguna Niguel, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Call our firm to understand what options exist in your case.

Can I be charged with burglary if I didn't steal anything?


Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether or not you committed theft doesn't matter — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. Because of this, intent evidence — and challenging how it's proven — is critical to burglary defense.

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Up Against Theft Charges in Laguna Niguel, CA? Call to Defend Your Freedom.

Every theft allegation is a big deal. The Law Offices of David S. Chesley is equipped to defend you — whenver you need help. Contact us now for a free, confidential case review.

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