• Home
• Theft Lawyer
• Theft Lawyer Mission Viejo, CA

Theft Lawyer Mission Viejo, CA. Being arrested for theft is just the beginning . 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 can't figure out what to do on your own, there is an option who will fight for you: The Law Offices of David S. Chesley. Our lawyers have what it takes to guard your freedom against the prosecution. With a Mission Viejo, CA, theft crimes lawyer from our team building your defense, you don't have to worry about how you'll handle things alone anymore.

Talk to a theft crimes lawyer now at (800) 755-5174 or use our contact form for a private review of your case at no cost. It's easy to get started, and acting fast can mean everything.

Why You Need a Leading Mission Viejo, CA, Theft Defense Lawyer

You should never take theft allegations lightly, regardless of whether or not you're innocent. On your own, you're stuck trying to figure out a intricate legal system and potentially set yourself up for the below consequences:

1. Prison Sentence: Mission Viejo, CA, theft convictions can send you to prison, for years in some cases.
2. Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
3. Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
4. Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
5. And more.

If you want to avoid all of this, you need a distinguished Mission Viejo, 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 Mission Viejo, CA Theft Defense Lawyers

Picking the right Mission Viejo, CA theft crimes defense lawyer can make all the difference for your case. Here's what you get when you call us — and why it matters for your theft case:

• Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
• Longstanding Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Mission Viejo, CA prosecutors and judges, which we will use when securing plea deals.
• Prepared to Fight Your Case at Trial — Misdemeanor or felony, we build your defense to be trial-ready. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
• Record 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 Mission Viejo, CA, criminal defense attorneys to discuss expungement options.
• Superb Reputation – We deliver results, and are known for doing so.
• Available 24/7 — Our team is available whenever you need us most. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
• 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.

Every Theft Charge We Defend in Mission Viejo, CA

Use the links below to jump directly to a full breakdown of the law, consequences, and how we defend it.

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

Theft Charges We Fight in Mission Viejo, CA

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you're looking for a theft crimes lawyer in Mission Viejo, CA, act fast: contact us right away for a free, confidential consultation.

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

Petty Theft Charges vs Grand Theft Charges

In Mission Viejo, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without their consent. The distinguishing factor is the amount that was supposedly taken: If it was $950 or less, the charges will normally be petty theft, while any more will typically be grand theft.

Defending petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. On the other hand, fighting grand theft charges normally is a greater challenge, because it is more likely to be a felony. Regardless of what you're up against, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

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

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. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.

While it's still technically possible for shoplifting charges to be felonies, this is not as common as when it was considered a form of burglary. Since 2014, most shoplifting charges are misdemeanors. That said, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Whether you're up against a felony or misdemeanor charge, a local Mission Viejo, 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 Mission Viejo, CA.

Shoplifting Potential Penalties:

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

Potential defenses include: Theft was unintentional, mistake of fact, 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 with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. Mission Viejo, 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 activate this sentencing enhancement, the Mission Viejo, CA, district attorney must establish: (1) the suspect performed petty theft; and (2) the accused has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.

Potential Penalties:

• Charge Type: Wobbler
• Misdemeanor Jail: Up to 1 year in county jail
• Felony Prison: 16 months, 2 years, or 3 years
• Applicable Priors: Prior theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Defend in Mission Viejo, CA

Whatever Mission Viejo, CA, vehicle theft charge you're facing, we can help you fight it. One of the ones people commonly think of is grand theft auto, but that's actually not a unique charge. Grand theft auto is defined in a subsection 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.

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 be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, it's almost always better to be charged with joyriding in Mission Viejo, CA, since the prosecution is more likely to assign that as a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. As a parallel to the charge of receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Just owning or keeping the vehicle can get you arrested for possession of a stolen vehicle.

When you work with us, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Reach out now to start making your case.

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

If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — all automobile thefts fall under the umbrella of "grand theft" in the state. This means even stealing a beater worth $200 can result in a grand theft auto charge.

Grand theft auto charges often hinge on your intentions during the alleged theft — if you were going to bring it back, then it wasn't technically a theft, it was joyriding.

Possible Penalties:

• Charge Type: Wobbler (usually felony in Mission Viejo, 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 — sometimes called "joyriding" broadly — is often charged alongside or instead 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 is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.

Joyriding — California Vehicle Code § 10851

Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. 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 Mission Viejo, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Mission Viejo, CA, joyriding cases are handled as misdemeanors. That said, prior criminal history or aggravating circumstances can push it to a felony.

Carjacking — California Penal Code § 215

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the Mission Viejo, CA prosecutor is likely going to pick carjacking over another offense. Because of the violent element, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.

The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.

Potential Penalties:

• Prison: 3, 5, or 9 years in state prison
• Enhancements: Additional years for weapon use or injury
• Three Strikes: Yes — counts as a strike offense
• Fines: Up to $10,000

Possession of a Stolen Vehicle — California Penal Code § 496d

Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you are in possession of a car that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove you had knowledge the vehicle was stolen — a skillful vehicle theft crimes lawyer may use a strategy that raises doubts as to your knowledge.

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 Mission Viejo, CA

White collar crimes in Mission Viejo, CA, can be any one of a variety of charges, but they all have a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.

Most white collar crimes are defined by how money is transferred. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery 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 are transactional in nature, though (at least at face value). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing someone's personal information. You can face either of these charges without having taken money from the alleged victim.

Embezzlement, Identity Theft, Bribery & More

White collar crimes carry severe consequences even without physical violence — years in prison, massive fines, professional license revocation, and permanent stains on your reputation. 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. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a position for personal gain. These cases are some of the most complicated in Mission Viejo, CA, and normally require highly experienced representation to defend.

These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. In some cases, we can intervene early and prevent charges from even being filed.

Embezzlement — California Penal Code § 503

Embezzlement is when someone legally can use property for certain purposes, but uses it for different ones. The main feature is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

Frequent embezzlement scenarios: A company credit card holder using it for personal purchases; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a charity collector taking cash donations while leaving other types alone.

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• High Amounts: Enhanced sentences up to 10+ years
• Additional: Financial recompensation, loss of professional licenses

Money Laundering — California Penal Code § 186.10

Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It commonly consists of three stages: placement (bringing the illegally-obtained money into the economy), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (investing the funds into something legal, or using another method to extract them into seemingly-legitimate assets).

California's money laundering law aims at financial actions 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 double the laundered amount
• 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 order to affect the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Mission Viejo, CA, theft crimes lawyer is critical to advise you on how to address these charges.

Important: Whether you offered or accepted a bribe, you can be charged in Mission Viejo, CA. Even if the potential recipient declines the bribe, you could still face charges just for attempting it.

Potential Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent 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. California's forgery statute is broad and covers checks, receipts, contracts, vehicle titles, power of attorney documents, court orders, prescriptions, identification documents, and many other types of written instruments.

What if I didn't steal anything with it? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, in addition to the creation or use of the fake item, is enough to be convicted.

Possible 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 Mission Viejo, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, goods, services, or medical information.

Crucially: You can be found guilty even if the alleged victim didn't lose any money. Simply taking and using another individual's information without permission is enough to warrant a crime under California law. Because of this, you need to hire an expert theft crimes lawyer whatever the details of your case.

Identity theft accusations are aggressively prosecuted in Mission Viejo, CA, and frequently result in federal charges for more serious, widespread, or online cases.

Potential Penalties:

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

Fraud Charges We Fight in Mission Viejo, CA

Fraud encompasses a variety of specific theft types in Mission Viejo, CA. Broadly speaking, someone who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary version of fraud.

Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. As an example, if someone were to hide their valuable property and claim it was stollen, that person commits insurance fraud.

This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.

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

Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.

Different Kinds of Fraud, False Pretenses & Financial Deception

There are many types of fraud allegations in Mission Viejo, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.

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

Many "fraud" charges in Mission Viejo fall under California's 'theft by false pretenses' law. This is when one person tricks another person through disonest means, who then freely gives up something of value based on the false information. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.

Common examples: Lying about being a contest winner; pretending to be a tech support assistant; creating fake invoices; lying about the condition of goods sold.

If you're facing theft by false pretenses charges, it could be either a misdemeanor or a felony. The level depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.

Insurance Fraud — California Penal Code § 550

Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. The Mission Viejo, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. A leading theft crimes lawyer will fight the allegations and explore all avenues to help you find the best outcome possible

Frequent examples include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; arson for insurance proceeds; fabricating injuries; double billing for a health service.

Potential Penalties:

• Felony Prison Sentence: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Give the amount defrauded back to the alleged victim
• Additional: Loss of professional licenses

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

Credit card fraud charges in Mission Viejo, CA, go beyond credit cards and involve the misuse of financial account access information. This includes using another individual's card without consent, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally taking or selling card account information.

Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, 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

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

Common examples: Claiming income is less than it actually is; 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.

These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. A premier Mission Viejo, CA, theft crimes lawyer can push back against the prosecution's case and find you alternative paths forward.

Possible Penalties:

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

Additional: Loss of future benefit eligibility

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

Hospice fraud accusations in Mission Viejo, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To qualify forMedicare hospice benefits, the recipient must have a terminal prognosis of six months or less to live if nothing drastic changes in their health condition — a threshold that fraudulent providers routinely falsify.

Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. These accusations are particularly dangerous because they are often charged in federal court in Mission Viejo, CA, meaning you're up against very difficult odds.

Important 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. Providers are often unaware that an investigation is underway until a search warrant is executed.

Possible Penalties:

• Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
• Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
• State Charges: Up to 5 years (CA Penal Code § 550)
• Additional: Exclusion from Medicare/Medi-Cal programs; license revocation

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

Medicare fraud 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. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert Mission Viejo, CA theft lawyer who has your back.

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.

Warning: 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. Providers and referrers are both at risk of prosecution under these circumstances.

Potential Penalties:

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

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

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. 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 law specifically targets 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. Health care fraud cases in Mission Viejo, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Physicians, billing companies, office managers, and clerks 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, 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 medical social 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.

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 Mission Viejo, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.

Important: 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 — even if you broke the law accidentally.

Potential Penalties:

• Federal Prison: Up to 10 years per count
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus penalties per false claim
• Administrative: Exclusion from Medicare/Medi-Cal; agency decertification

Violent Theft Charges We Fight in Mission Viejo, CA

Violent crime charges and theft charges often go hand in hand in Mission Viejo, 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, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.

However, some thefts which did not start out violent can end up involving violence. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.

Robbery, Extortion & Force-Related Theft

When theft involves force, fear, or coercion, the penalties increase dramatically. You're almost guaranteed to be facing felony charges. Immediate Mission Viejo, CA, legal counsel is non-negotiable.

Robbery — California Penal Code § 211

Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. 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.

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

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.

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

Possible Penalties:

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

Burglary Charges We Fight in Mission Viejo, CA

Burglary is often charged along with theft in Mission Viejo, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. 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 broke a car window to take something from the glovebox, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, 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 is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. It took effect immediately and made several changes to reduce penalties for certain nonviolent property and drug crimes. Today, shoplifting is no longer a subset of burglary offenses in Mission Viejo, CA, and faces more lenient penalties if convicted.

Vandalism also shares many qualities with burglary. You can be charged with vandalism in California if you purposely damage another person's property, 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 Mission Viejo, CA, making it all the more important to get an experienced theft crimes lawyer to protect your rights.

Finally, even if you don't commit a theft, you can face related charges in Mission Viejo, 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

Mission Viejo, CA burglary charges can be wildly different from one another, and may not even involve theft — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.

Residential Burglary (First Degree) — California Penal Code § 459

First-degree burglary involves entering an inhabited dwelling — someone's home, apartment, or any place where people live — while planning to commit a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is the key to burglary charges.

Residential burglary is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Mission Viejo, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

• Prison Sentence: 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

Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. This charge is considered a wobbler and could be either a misdemeanor or a felony.

Your theft crimes lawyer in Mission Viejo, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.

Possible Penalties:

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

Burglary of a Vehicle — California Penal Code § 459

Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.

Key distinction: The vehicle must be locked for a burglary charge to apply. This would still likely be prosecuted as theft, but the burglary enhancement requires that the vehicle was secured in some way.

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

A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need the most experienced criminal defense team available, and you need them now.

Possible Penalties:

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

Property & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Understanding how they interact is critical to building an effective defense.

Receiving Stolen Property — California Penal Code § 496

You don't have to steal something to face theft-related criminal charges. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at an unusually low price, without receipts, or from unknown sellers, does not 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

Instead of violently harming another person or animal, vandalism is focused on property harm. It occurs when one person marks or damages another person's property, without permission and for bad purposes. This is related to theft because in many cases, the accused will be alleged to have broken into a location as a part of the theft.

The threshold for felony vandalism in California is $400 or more in damage — a much lower bar than for theft offenses.

Possible Penalties:

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

Trespassing — California Penal Code § 602

You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.

On its own, trespassing is most often charged as a misdemeanor or infraction. However, Mission Viejo, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.

Perjury — California Penal Code § 118

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

Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.

Potential Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.

Grand Theft of a Firearm — California Penal Code § 487(d)(2)

Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Because of this stealing even a nearly worthless firearm results in a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.

As if fighting the charges in your local Mission Viejo, CA court weren't bad enough, you could also find yourself up against federal charges. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more important to have an attorney who is able to protect you from even the toughest opponents.

Potential Penalties:

• Prison: 16 months, 2 years, or 3 years
• Strike: Serious felony — potential strike offense
• Federal: Additional federal charges possible

Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30

If the alleged victim was 65 or older, you might be up against elevated penalties. Financial elder abuse (also known as theft from an elder) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.

This offense is aggressively prosecuted in Mission Viejo, CA, and enhanced sentencing applies. Prison sentences can be increased even further if the alleged victim was 70 years or older. 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; phising emails that impersonate loved ones.

Possible Penalties:

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

Looting — California Penal Code § 463

During emergencies, stealing property can be charged as looting. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.

These charges are often looked upon very negatively in Mission Viejo, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. An attempt requires: (1) the specific intent to commit the crime, and (2) a direct, unequivocal act toward committing it — regardless of whether it was successful or not.

Most of the time, the punishment for an attempt is half of what it would have been, if it were completed. 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.

Regardless of what charge you're facing, when you reach out to the Law Offices of David S. Chesley, you can speak with an expert theft crimes lawyer in Mission Viejo, CA, who has the training and experience needed to find a path forward. As a team, we will craft a staunch defense against the allegations.

Steps to Take When Accused of Theft

Being charged with theft can be intimidating. You're up against the Mission Viejo, CA, prosecutor's office, the alleged victim is accusing you, and the collateral consequences could be devastating. When you're alone, 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 Mission Viejo, CA, theft crimes lawyer who will listen to your story and advocate for your rights. To get started, use the five steps below to protect your freedom and avoid common pitfalls:

1. Do Not Resist Arrest

While it's reasonable to feel angry about being arrested, don't resist. If you act civilly, it will make things go faster and easier. Resisting can only make things worse.

2. Remain Calm and Stay Silent

You may be questioned by the police – don't talk. In fact, don't even talk on the ride to the station. Your answers can later be used as evidence in the case, and if anything you say is untruthful, you can be charged with perjury.

3. Contact a Mission Viejo, CA, Theft Crimes Defense Attorney ASAP

In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. When you hire an attorney early on, you're increasing your opportunities for a favorable deal or case dismissal. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Your lawyer can help argue for your release at a bail hearing. Our theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.

5. Cooperate With Your Lawyer to Create a Defense Strategy

Finally, you work with your attorney to craft a strong defense. A skilled theft crimes lawyer in Mission Viejo, CA, will hear your side of the story, negotiate for deals with the prosecution, and argue for a dismissal whenever possible.

How Our Theft Lawyers Fight Against These Charges

As expert theft crime attorneys, we know that each case's defense strategy must be tailored to the specific facts, circumstances, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in Mission Viejo, 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. 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.

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. Similar defenses consist of: mistake of fact (the defendant took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).

Key point: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. This isn't merely a backup plan. This is a key part of nearly all theft defenses, particularly in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.

Defense Application:

• Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
• Embezzlement: Challenges the fraudulent conversion element
• Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
• Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, the Mission Viejo, CA, police department will gather evidence through searches. If searches violated constitutional requirements, the evidence can be suppressed and the district attorney may not be able to move forward with your case.

Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that go beyond the scope of a legal warrant. In Mission Viejo, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.

If this applies to your case, it can be a major win for your defense. 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 Mission Viejo, CA, courts, and are an essential tool for the defense when facing theft charges.

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 Mission Viejo, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can arise from personal arguments, cases of mistaken identity, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Even if you're innocent, you're still at risk of going to prison for something you didn't do — you need a Mission Viejo, 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, under poor lighting conditions, 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 Mission Viejo, 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 the accuser; 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 have been falsely accused: Stay away from witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to police without your theft defense lawyer present. Statements made to investigators — even truthful ones — can be mischaracterized, taken out of context, or used in unexpected ways. 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 — For receiving stolen property and possession of a stolen vehicle, the state must prove you knew the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

Consent / Permission — Consent regarding your use of the property is a strong defense in Mission Viejo, CA, theft cases. In cases where the alleged offender did take the object or enter the property, but had the right to do so, this can be a highly effective defense.

Rights Violations — 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 — Especially for first-time offenders, California offers sentencing alternatives that can protect you from a conviction. We identify every diversion opportunity available in your specific case.

Disputing the Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. You shouldn't face charges that are disproportionate to the alleged act.

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

California gives you options to clear your record and get a fresh start. 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. To be eligible, the defendant generally must have: successfully done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — as a more recent restriction — in several cases, must not have spent time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

Expungement under § 1203.4 carries meaningful practical benefits: In particular, job applications become a lot easier, as you won't have to mention your conviction. However, there are still some restrictions in the expungement process — it doesn't allow gun ownership, 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) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.

Important: While expungement under § 1203.4 offers many benefits, it doesn't make the record go away entirely; it can still be viewed by the police, licensing boards, and be used in future criminal cases. If your goal is full sealing, restoration of firearm rights, or clearing a prior strike, you'll have to look into other ways to have your record sealed. By talking to a theft conviction expungement attorney, you get help with exploring what other possibilities could help in your situation.

Relief Options:

• PC § 1203.4: 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

---

Common Theft Crimes Questions in Mission Viejo, CA

Is there a difference between petty theft and grand theft in Mission Viejo, California?


What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Property valued above $950 — or involving specific categories like firearms or vehicles — is grand theft (a wobbler that can be a misdemeanor or felony). 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. For probation sentences, expungement is often offered conditionally upon your completion. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.

What should I expect from first-time shoplifting charges in Mission Viejo, CA?


First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Additionally, we can often secure alternative sentencing options which will keep you out of jail. Our theft crimes attorneys can make a major difference and help you with avoiding a conviction and protecting your record.

I didn't know the property was stolen. Can I still be convicted?


Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you sincerely weren't aware and didn't have a reason to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. However, circumstances like an unusually low price or no documentation of ownership can be used against you, which is why an attorney is essential.

How serious is a grand theft auto charge in Mission Viejo, CA?


Extremely. In Mission Viejo, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have any prior convictions, you are at risk of harsher penalties. Call us right away 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?


You can avoid jail in many cases, actually. Mission Viejo, CA courts have sentencing alternatives that will give you an alternative to incarceration, particularly for misdemeanors and first-time offenders. Even felony charges often have options short of state prison. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Contact us to understand what options are available to you.

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 doesn't matter — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and how it's presented — is central to burglary defense.

---

Facing a Theft Charge in Mission Viejo, CA? Contact Our Team Right Away.

Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. The Law Offices of David S. Chesley is prepared to defend you — 24 hours a day, 7 days a week. You can call our attorneys today to start building your defense.

(800) 755-5174 | Contact Form

Available 24/7 · All Charges · All Mission Viejo, CA, Courts · Free & Confidential

Law Offices of David S. Chesley — Over Five Decades of Combined Courtroom Experience

We also offer the below legal services in Mission Viejo, CA:

• Domestic Violence Lawyer
• Sex Crimes Lawyer
• Immigration Lawyer
• Drug Charges Lawyer
• Violent Crimes Lawyer
• DUI Lawyer
• Criminal Defense Lawyer