• Home
• Theft Lawyer
• Theft Lawyer Poway, CA

Theft Lawyer Poway, CA. Being arrested for theft is just the beginning . Theft accusations in particular can be scary, because they are often layered with multiple charges. Without help, it's easy to find yourself in a spot where you feel hopeless.

Even when all hope seems lost, you have a path forward: The Law Offices of David S. Chesley. Our team of legal experts has extensive experience defending clients against all manner of theft crime charges. With a Poway, CA, theft crimes lawyer from our team at your side, every legal avenue will be explored to protect your rights.

Connect with a theft crimes attorney now at (800) 755-5174 or use our contact form for a private review of your case at no cost. Delays can cost you your freedom, and we're ready to fight for you today.

How a Poway, CA, Theft Lawyer Can Help You

You should never take theft allegations lightly, regardless of whether or not you're innocent. Without a lawyer, you're stuck trying to figure out a complex legal system and potentially set yourself up for the below consequences:

1. Prison Sentence: Poway, CA, theft convictions can send you to prison, for years in some cases.
2. Fines: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
3. Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
4. Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
5. And more.

A Poway, CA, theft crimes lawyer can protect your rights and fight against these outcomes. You need the Law Offices of David S. Chesley. Here's some of what sets us apart:

Why You Should Hire Our Poway, CA Theft Defense Lawyers

Picking the right Poway, 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:

• A Team Of Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
• Longstanding Court Relationships — Decades of practice in Poway, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
• Trial-Ready From Day One — We prepare every case as if it's going to trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
• Expungement Services — We don't leave you behind after the verdict. You deserve to move forward with your life, and we can help you do it.
• Terrific Reputation – We are well-known for our tenacious representation.
• Always Availalbe — 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.
• Totally Confidential — You can trust us with everything about your case. We won't judge — we're just here to build the strongest case possible.

Every Theft Charge We Defend in Poway, CA

Click any charge below to jump directly to a full explanation of the law, penalties, and additional information.

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

Major Poway, CA, Theft Crimes We Defend Against

Our attorneys know how to fight theft crime cases. If you need a theft crimes lawyer in Poway, CA, act fast: contact us now for a free, confidential consultation.

Our lawyers can help you fight all of the following allegations:

Petty Theft Charges vs Grand Theft Charges

In Poway, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. Both consist of taking another person's property without permission. The distinguishing factor is how much value was allegedly stolen: For values $950 and under, the charges will normally be petty theft, while any more will normally be grand theft.

Fighting petty theft allegations is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, defending grand theft charges normally is a greater challenge, because it is more likely to be a felony. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

Below, we've written a table to summarize the differences between petty theft and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.

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 Proposition 47, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Regardless of what level of charge you're facing, a local Poway, 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) is an elevated form of shoplifting that has been a recent focus in California, and is often charged as a felony.

Shoplifting Possible Penalties:

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

Defense options include: Theft was unintentional, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. This is one of the most common mechanisms used in Poway, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.

To charge PC § 666, the state must establish: (1) the suspect engaged in petty theft; and (2) the defendant 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: Previous theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Defend in Poway, CA

Whatever Poway, CA, vehicle theft charge you're facing, we can help you fight it. The first one that probably comes to mind is grand theft auto, but that's actually not its own charge. Grand theft auto comes from a section of the state's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.

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 more likely to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, joyriding charges are almost always better to face in Poway, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.

You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". As a parallel to the charge of receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or holding onto the car or truck can result in these charges.

When you work with us, you'll partner with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Reach out now to start defending your rights.

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

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — it is a subcategory of grand theft that applies specifically to the theft of any motor vehicle, regardless of its value. 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 Poway, CA)
• Felony Prison Sentence: 16 months, 2 years, or 3 years
• Misdemeanor Jail Sentence: Up to 1 year
• Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 is one of the main vehicle theft laws in California. It covers situations where the alleged offender both did and didn't intend to return the vehicle. Simply taking or driving someone's vehicle without permission is enough.

Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.

Joyriding — California Vehicle Code § 10851

Joyriding 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 Poway, CA, vehicle theft crimes lawyer to build you a solid defense.

In most circumstances, Poway, 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

If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and is often ineligible for probation.

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

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

In Poway, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you are in possession of a car that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The state must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.

Potential Penalties:

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

White Collar Crime Charges We Defend in Poway, CA

White collar crimes in Poway, CA, can look very different from each other, but each of them share a common trait: abuse of an organization for personal gain.

Several white collar crimes center around taking or hiding money in some way. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.

Not all white-collar crimes are transactional in nature, though (at least at first glance). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft is the taking of someone's personal information. In both forgery and identity theft cases, you don't need to have stolen someone else's money to be found guilty.

Embezzlement, Money Laundering, Fraud & More

It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Poway, CA, but you'd be wrong. The punishments can be dire — incarceration, massive fines, major career setbacks, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.

White Collar Crimes — Overview

Individual "white collar crimes" can look very different from each other. These charges will include the element of deception, breach of trust, or abuse of a professional for personal gain. Poway, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.

These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. Call us now if you have any reason to believe the police are looking into you. In some cases, we can intervene early and prevent charges from even being filed.

Embezzlement — California Penal Code § 503

Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The key element is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

Common contexts: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a non-profit director misusing donated funds.

Possible Penalties:

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

Money Laundering — California Penal Code § 186.10

Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It commonly is made up of three steps: placement (adding the dirty money into the legitimate financial system), layering (disguising the trail through complex transactions), and integration (using the funds for legitimate purchases, to further disguise them).

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. Federal money laundering charges (18 U.S.C. § 1956) can also apply, which tends to have much harsher penalties.

Potential Penalties (State):

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

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

Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of a public official, juror, witness, or business partner. California law criminalizes bribery in many contexts — government officials, judges, lawmakers, business executives, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Poway, CA, theft crimes lawyer is important to protect you from the prosecution.

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

Possible Penalties:

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

Forgery — California Penal Code § 470

Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers bills, money orders, contracts, deeds, power of attorney documents, court orders, prescriptions, identification documents, and many other types of written instruments.

What if I didn't use the forged document? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the creation or use of the forged 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

You can face identity theft allegations in Poway, CA if you use someone else's personal information without permission to perform a restricted activity, such as obtaining credit, goods, services, or medical information.

What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Simply obtaining and using another individual's information without a legal reason is enough to trigger criminal charges under California law. Because of this, you need to work with an expert theft crimes lawyer whatever the details of your case.

Poway, CA, identity theft allegations are very serious, and often involve federal charges when conducted online, across state lines, or at scale.

Potential Penalties:

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

Fraud Charges We Fight in Poway, CA

Fraud encompasses a variety of specific theft types in Poway, CA. Generally speaking, a person who commits theft by misrepresenting themselves or a situation in order to get another person to give away money voluntarily can be charged with fraud. Theft by false pretenses is the most ordinary version of fraud.

Insurance fraud is one of the most common types of fraud. It involves lying 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 can be charged with insurance fraud.

This is not unlike welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.

Another notable variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.

When you're on your own, trying to figure out what fraud charges you're facing can feel impossible. With a leading Poway, CA theft crimes lawyer, you have someone who can help you navigate through the complexity.

Different Kinds of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Poway, CA, for a wide variety of actions — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. 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 Poway. These allegations are used when a person intentionally deceives another through false statements or misrepresentations, who then freely gives up something of value based on the false information. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.

Common examples: Lying about being a contest winner; pretending to be a tech support assistant; pitching investments based on false information; collecting donations for a nonexistent charity.

Because the amount defrauded can vary, so does the penalty. It depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.

Insurance Fraud — California Penal Code § 550

You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. If you're facing insurance fraud charges in Poway, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will fight the allegations and negotiation with the prosecutor to help you find the best outcome possible

Frequent examples include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; exaggerating property damage; deliberately damaging your property for a payout; workers' compensation fraud; health insurance billing fraud.

Possible Penalties:

• Felony Prison Sentence: 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: License revocation for professionals

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

Credit card fraud charges in Poway, CA, go beyond credit cards and involve the misuse of financial account access information. This includes 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 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 cards are used across state lines or the internet is involved. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.

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: 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.

Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your premier Poway, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.

Potential Penalties:

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

Additional: Loss of future benefit eligibility

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

Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, the recipient must be predicted to pass away within half a year if nothing drastic changes in their health condition — many hospice fraud cases are the result of these predictions being inaccurate.

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. Poway, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.

Important Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware that an investigation is underway until a search warrant is executed.

Possible Penalties:

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

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

Medicare fraud encompasses a broad range of conduct involving the submission of false or fraudulent claims to the Medicare program. In Poway, 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.

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. You can be accused of breaking this law whether you gave or received the money.

Potential Penalties:

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

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

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California's statute 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. These are some of the most complicated cases to defend in Poway, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing organizations, office workers, and support staff have all found themselves accused of health care fraud in the past.

Possible Penalties:

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

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

Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare reimbursement, a patient must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.

A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Poway, CA. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.

Critical Note: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — 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 Defend in Poway, CA

Violent crime charges and theft charges often go hand in hand in Poway, CA. One common example is robbery. A person commits robbery when they take something directly from another person by force. As opposed to 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 start out as regular burglary, with the alleged offender not intending to commit violence, but that changes when they run into another person.

Extortion relies more on threats than actual violence to commit a 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 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

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. Your Poway, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.

Robbery — California Penal Code § 211

Robbery is a violent form of theft that involves either threatening or assaulting someone in order to take their belongings. Being convicted of robbery will likely result in a prison sentence as well as a strike.

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

A person can be convicted of extortion if they coerce someone using threats, rather than force. The goal of extortion is normally to acquire some sort of benefit, either financial or through an action of the victim. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to release private photos unless money is provided; 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 Defend in Poway, CA

Burglary charges in Poway, CA, are distinct from theft, but often go hand-in-hand. California defines burglary as entering a location without permission in order to steal something or commit another crime. Ordinarily, this is a structure, like a storefront (which would make it commercial burglary), but not always. For example, if you supposedly smashed a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.

Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Due to this, what you were allegedly planning to do in a location can be just as important as how you got access to it.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. These changes had an immediate impact, even for people who had already been convicted. Today, shoplifting is no longer a subset of burglary offenses in Poway, CA, and faces more lenient penalties if convicted.

Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by breaking a window to in the process of a theft. It's common to face burglary and vandalism charges together in Poway, CA, making it all the more important to get an experienced theft crimes lawyer to defend you.

Finally, you can face theft charges in Poway, CA, even if you didn't steal anything yourself. 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

Poway, CA burglary charges can be wildly different from one another, and may not even involve theft — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.

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

The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence with the intent to commit a theft or any felony inside. You do not have to actually steal anything. Your motivation for entering the location is the key to burglary charges.

This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Poway, 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 Sentence: 2, 4, or 6 years in state prison
• Three Strikes: Yes — serious felony strike
• Probation: Generally not an option for first-degree
• Fines: Up to $10,000

Commercial Burglary (Second Degree) — California Penal Code § 459

Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. You could face either misdemeanor or felony charges for this offense.

Your theft crimes lawyer in Poway, 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

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. 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.

Common misconception: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.

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

If you're accused of breaking into a home and threatening or hurting the people inside, that would fall under home invasion charges. Poway, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. 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 a law firm with a track record of success, and you need them immediately.

Potential Penalties:

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

Property & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. Your Poway, CA, theft crimes lawyer will need to balance all of the allegations and form a narrative to defeat them.

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.

The prosecution must prove you knew — or had reason to know — the property was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at an unusually low price, without receipts, or from unknown sellers, does not automatically mean you had knowledge of theft.

Potential Penalties:

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

Vandalism — California Penal Code § 594

Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Poway, CA.

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.

Potential Penalties:

• Under $400: Misdemeanor — up to 1 year jail
• Over $400: Wobbler — up to 3 years prison
• Restitution: Full repair/replacement cost to victim
• Other Common Penalties: 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.

Without compounding charges, trespassing is most often charged as a misdemeanor or infraction. However, Poway, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.

Perjury — California Penal Code § 118

Perjury is making a false statement under oath, knowing it is false, in a legal proceeding or official document. While not a theft crime per se, perjury frequently arises in theft cases — for example, making false statements to police, lying in a court declaration, or providing false testimony at trial.

Do not make this mistake: You don't want to dig a deeper hole for yourself — if you're in a situation where you don't want to give an honest answer, just stay silent and ask for your theft crimes lawyer to help you out.

Possible Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

Not all alleged thefts are treated equally; in the cases listed below, you can face harsher penalties and elevated charges. Your theft crimes lawyer will need to be prepared to battle for your freedom. And at the Law Offices of David S. Chesley, we are.

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

Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. Because of this the theft of even a low-value 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.

To make things worse, you may also have to fight in federal court. 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 critical to find an attorney that has wide resources and strong legal skills.

Possible Penalties:

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

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

California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse (also known as theft from an elder) is similar to embezzlement, in that it's possible the alleged offender had legitimate access to the property. If someone either misused the property or manipulated an elderly person to give it to them, that would violate this law.

This offense is aggressively prosecuted in Poway, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement can complicate cases further.

Common scenarios: Lenders pressuring the elderly to take bad loans; family member using power of attorney to take money; contractor overcharging vulnerable seniors; fraudulent investment schemes targeting retirees.

Potential Penalties:

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

Looting — California Penal Code § 463

During emergencies, stealing property can be charged as looting. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.

These charges are often looked upon very negatively in Poway, 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. If you allegedly broke into a business building during a wildfire and took some of its merchandise, you could face looting allegations.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. An attempt requires: (1) a mental state of deliberate criminal activity, and (2) some form of action that furthers the criminal ends — whatever the outcome was.

The general rule is that attempted crimes are punished at half the sentence of the completed offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.

Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.

Regardless of what charge you're facing, when you call us, you can speak with an expert theft crimes lawyer in Poway, CA, who will help you break down and navigate the charges. Together, we will fight for the best outcomes possible in your case.

Steps to Take When Accused of Theft

You need to take these accusations seriously. You're up against the Poway, CA, prosecutor's office, the alleged victim is accusing you, and you need to defend your reputation as well as your innocence. Without help, the odds can seem insurmountable.

But you're not alone. The Law Offices of David S. Chesley is here to help. With one of our Poway, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. If you're up against theft crime accusations, here are our recommendations:

1. Comply With the Police

While it's reasonable to feel angry about being arrested, don't resist. Respectfully complying with the police officers will make the process go smoother. Refusing to comply can only get you into more trouble.

2. Remain Calm and Don't Talk

You may be questioned by the police – invoke your right to remain 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. Reach Out to a Poway, CA, Theft Crimes Defense Attorney ASAP

In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. Acting fast is important to protect your freedom. 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 firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.

5. Cooperate With Your Lawyer to Make a Personalized Defense

Finally, you work with your attorney to craft a strong defense. A skillful theft crimes lawyer in Poway, CA, will hear your side of the story, negotiate with the state, and argue for charges to be dismissed wherever possible.

How Our Theft Lawyers Fight Against These Charges

As expert theft crime attorneys, we know that each case's defense strategy needs to be adapted to the specific details, proof, and allegations. If you're up against theft allegations in Poway, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.

Lack of Intent / Claim of Right Defense in Theft Cases

One of the most powerful defenses in any theft case is the absence of criminal intent. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If 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. Additional intent-based defenses consist of: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).

Key principle: This is a major hurdle for the prosecution in any theft case. 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.

Using This Defense:

• Grand Theft: Negates specific intent to permanently deprive
• 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 theft and burglary cases, how the evidence was obtained is just as important as what it is. If searches broke the law, the evidence can be suppressed and the prosecution 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 at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the scope of a valid warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

If this applies to your case, it can be a major win for your defense. Even partial suppression — eliminating a single piece of highly damaging evidence — can make a big difference. Suppression motions are fully litigated in Poway, 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: 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

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Poway, CA. False accusations can arise from personal disputes, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — you need a Poway, CA, theft crimes lawyer to protect your freedom.

One of the ways that innocent people are commonly accused in Poway, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — most notably across racial lines, under poor lighting conditions, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Poway, 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); attacking the character of alleged victim; presenting expert testimony on the issues with eyewitness testimony; and challenging inconsistencies between witness statements made at different points in time.

If you are innocent: Do not confront witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to 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 — If you merely were holding property that turned out to be stolen, the Poway, CA, prosecutor must prove you knew the property was obtained through theft. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.

Consent / Permission — Theft requires that property be taken without the owner's consent. It's not illegal to use someone else's property if you had permission.

Constitutional Violations — Beyond the 4th amendment, we will thoroughly review your case to see if the state violated your rights in the course of the investigation. If they did, we will argue for the evidence to be thrown out and/or for the case to be dismissed.

Diversion Programs — For many offenders without a record, California offers diversion programs 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. We'll show the true value of the property and argue for lesser charges.

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

Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully completed all terms of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in many cases, must not have been incarcerated in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

Here are some of the advantages of getting your theft conviction expunged: Of note, 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 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) provides additional expungement assistance for individuals in Poway, CA who don't break any other laws after finishing their sentence, if enough time has passed.

Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.

Relief Options:

• PC § 1203.4: Charges dismissed after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (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: Does not restore firearm rights or remove record from law enforcement databases

---

Frequently Asked Questions About Theft Charges in Poway, CA

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


How much was allegedly stolen determines the specific theft charge. Anything $950 and under should be a petty theft charge, which is often a misdemeanor. Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Grand theft charges will require elite legal representation in particular, though you will always need a theft crimes lawyer to defend you, regardless of the specifics.

Is it possible to expunge a theft conviction 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. Our firm offers full expungement services.

What happens if I'm charged with shoplifting for the first time in Poway, CA?


While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Additionally, we can often secure alternative sentencing options which will keep you out of jail. Our theft crimes attorneys can significantly improve your odds of avoiding a conviction and protecting your record.

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


Receiving stolen property (PC § 496) requires that you knew — or had good reason to know — the property was stolen. If you genuinely weren't aware and had no reasonable basis to suspect it, that is a strong defense. This is a strategy we frequently lean on in receiving stolen property cases. However, circumstances like strangely good deal or no documentation of ownership can be used against you, making it imperative that you hire a skillful theft crimes lawyer.

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


Very serious. In Poway, 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 a criminal record, you are at risk of harsher penalties. Get in touch with one of our attorneys immediately at (800) 755-5174.

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. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.

Will I go to jail for a theft charge?


It depends, but it is not always the case. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. 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 our firm to review what options are available to you.

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 — the prosecution's goal is to show that you trespassed and had that event. Because of this, intent evidence — and challenging how it's proven — is central to burglary defense.

---

Need a Theft Defense Attorney in Poway, CA? Call Right Away.

You need a theft crimes lawyer to protect you. It's not about innocence or guilt — it's about getting help navigating the Poway, CA, legal system. Our lawyers are ready to defend you — whenver you need help. You can call our attorneys today to start building your defense.

(800) 755-5174 | Contact Form

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

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

We also offer the following legal services in Poway, CA:

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