Theft Lawyer Rancho Cucamonga, CA. Nobody wants to be in a situation where they're facing criminal charges. It's easy to feel lost when you're up against theft charges. On your own, it can feel impossible to win.
Even when you're up against the toughest battle of your life, you have a path forward: The Law Offices of David S. Chesley. Our lawyers have what it takes to guard your freedom against the prosecution. With a Rancho Cucamonga, CA, theft crimes lawyer from our team at your side, every legal avenue will be explored to protect your rights.
Speak with a theft crimes attorney today at (800) 755-5174 or use our contact form for a free, confidential consultation. Delays can cost you your freedom, and we're ready to fight for you today.
Why You Need a Leading Rancho Cucamonga, CA, Theft Defense Lawyer
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. Without a lawyer, you're stuck trying to navigate a complicated legal system and potentially set yourself up for the below consequences:
- Prison Sentence: Most theft charges in Rancho Cucamonga, CA, carry a potential jail sentence of six months or more.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Loss of Employmnet: Background checks can derail job applications, and you can lose access to professional licenses.
- Reputational Damage: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
- And more.
A Rancho Cucamonga, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley is ready to help. Here's some of what sets us apart:
Top Qualities of Our Rancho Cucamonga, CA Theft Defense Attorneys
Picking the right Rancho Cucamonga, 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 have experience and insights from our time in other areas of the law. We use that inside knowledge to dismantle the prosecution's strategy.
- Deep Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Rancho Cucamonga, 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. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
- Record Expungement Services — Our representation doesn't end at the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Stellar Reputation – well-respected amongst both clients and peers.
- Always Availalbe — Arrests happen at all hours. So do we. You can reach a theft crimes attorney any time of day or night — because waiting until Monday morning can cost you critical opportunities.
- Completely Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.
Theft Charges We Defend in Rancho Cucamonga, CA
Click any charge below to navigate 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
Major Rancho Cucamonga, CA, Theft Crimes We Defend Against
At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. Should you need a theft crimes lawyer in Rancho Cucamonga, CA, don't wait: Reach out now for a free consult to go over your charges.
Below are some of the main theft crime accusations we fight against in Rancho Cucamonga, CA:
Petty Theft Charges vs Grand Theft Charges
In Rancho Cucamonga, 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 permission. The main difference is the amount that was supposedly taken: For values $950 and under, the classification will generally be petty theft, while higher values will ordinarily be grand theft.
Fighting petty theft allegations 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:
| Theft Charges | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Ordinarilly Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.
Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since Proposition 47, the majority of shoplifting cases are misdemeanors. However, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Whether you're up against a felony or misdemeanor charge, a local Rancho Cucamonga, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.
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 Rancho Cucamonga, 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
Defense options include: Theft was unintentional, innocence, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
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. Not every prior offense in Rancho Cucamonga, CA, qualifies for these enhancement, but if you have any prior convictions on your record, it's critical to work with an expert theft lawyer to defend you.
If you're facing petty theft with a prior allegations, the state must establish: (1) the suspect engaged in petty theft; and (2) the defendant has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — especially if the sentence included incarceration. 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.
Possible Penalties:
- Charge Type: Wobbler
- Misdemeanor Jail: Up to 1 year in county jail
- Felony Prison: 16 months, 2 years, or 3 years
- Applicable Priors: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Rancho Cucamonga, CA
Whatever Rancho Cucamonga, CA, vehicle theft charge you're facing, we can help you fight it. An example that many people ask about is grand theft auto, but that's technically not a law of its own. Grand theft auto is a smaller part of California's 'grand theft' law, which states that anyone who steals an automobile (regardless of its value) can be charged with grand theft.
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. On the other hand, if the defendant did intend to return it, they're probably going to face charges of joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in Rancho Cucamonga, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". In the same vein as receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Even just owning or holding onto the vehicle is enough for a conviction.
At the Law Offices of David S. Chesley, you'll partner with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Reach out now to start building your defense.
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. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.
Grand theft auto and joyriding have a close relationship in Rancho Cucamonga, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.
Potential Penalties:
- Charge Type: Wobbler (usually felony in Rancho Cucamonga, CA)
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is one of the main vehicle theft laws in California. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. 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 charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. It may not sound like a big deal to borrow a car without permission and bring it back, but a joyriding conviction can be a felony in Rancho Cucamonga, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.
In Rancho Cucamonga, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. However, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Main Difference | Intent to return | Intent to keep permanently |
| Typical Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up to 1 year | — |
| Felony Prison | — | 16 months, 2, or 3 years |
Carjacking — California Penal Code § 215
All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because this action involves violence, carjacking is always a felony and often has a mandatory prison sentence, as probation is not an option.
A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
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 vehicle 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.
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 Rancho Cucamonga, CA
White collar crimes in Rancho Cucamonga, CA, vary widely in context and action, but each of them share one thing in common: misusing professional power for financial gain.
Many white collar crimes are non-violent, and even non-physical, forms of theft. 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 can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.
Not all white-collar crimes involve financial exchanges, though (at least at face value). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft is the taking of another person's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Forgery, Money Laundering, Fraud & More
White collar crimes carry severe consequences even without physical violence — prison sentences, financial penalties, professional license revocation, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Synopsis
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deception, breach of trust, or abuse of a position for personal gain. Rancho Cucamonga, CA, because of its proximity to major financial and entertainment centers, sees some of California's most complex white collar prosecutions.
In contrast to other crime categories (like DUIs, where police may cite you immediately at a checkpoint), state investigators can spend a long time building a case before you are formally accused. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. The sooner you bring in your legal defense, the better chance you have of a positive outcome.
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 — embezzlers have legitimate control over the money or property they steal.
Hypothetical examples: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; an employee overcharging customers and keeping the difference; an employee skimming from cash registers; a charity collector taking cash donations while leaving other types alone.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, employment restrictions
Money Laundering — California Penal Code § 186.10
Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It usually involves three stages: placement (bringing the illegally-obtained money into the economy), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).
California's money laundering statute is set to combat transactions of more than $5,000 when the alleged offender was aware that the money was dirty. You could also face federal money laundering charges under 18 U.S.C. § 1956, 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
You can face bribery charges for 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 elected officials, judges, lawmakers, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Rancho Cucamonga, CA, theft crimes lawyer is essential to give you insights into successful defense strategies.
Who can face bribery charges? Whether you offered or accepted a bribe, you can be charged in Rancho Cucamonga, 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 ineligibility for office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Rancho Cucamonga, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. State law is broad and covers checks, receipts, contracts, vehicle titles, wills, court orders, notary public symbols, lottery tickets, and many other types of written instruments.
Critical point: Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, combined with the creation or use of the fake item, is sufficient for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Rancho Cucamonga, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, including obtaining credit, property, services, or medical information.
What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply taking and using someone's information without authorization is enough to warrant a crime under state law. This makes it critical to work with an expert theft crimes lawyer whatever the particular of your situation.
Identity theft accusations are aggressively prosecuted in Rancho Cucamonga, CA, and increasingly involve federal charges when conducted online, across state lines, or at scale.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Rancho Cucamonga, CA
Fraud encompasses a variety of specific theft types in Rancho Cucamonga, 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 convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.
Insurance fraud is a popular type of fraud in Rancho Cucamonga, CA, wherein someone lies on an insurance claim to increase their benefit. For example, after a car accident, a person who lies about how much damage was caused to get a bigger payout 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 you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.
Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Rancho Cucamonga, CA — from simple misrepresentations to elaborate financial schemes. Because the evidence can be very complex and there can be a large amount of it, you need an expert theft crimes lawyer who can effectively navigate all of the intricacies.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses is one of the most common fraud charges in Rancho Cucamonga. These allegations are used when a person tricks another person through disonest means, leading to the second person willingly giving away goods or services. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.
Common examples: Lying about being a contest winner; pretending to be a tech support assistant; pitching investments based on false information; 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 Rancho Cucamonga, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will protect your rights and negotiation with the prosecutor to help you find the best outcome possible
Typical forms include: Staging or exaggerating auto accidents; filing false theft reports; exaggerating property damage; deliberately damaging your property for a payout; fabricating injuries; 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 Rancho Cucamonga, 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 fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently obtaining 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 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
Charges of welfare fraud in Rancho Cucamonga, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.
Common examples: Claiming income is less than it actually is; using fake identities to collect extra benefits; Trading or selling food stamps; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your premier Rancho Cucamonga, CA, theft crimes lawyer can help show issues in the prosecution's case and boost your chances of a positive outcome.
Potential Penalties:
- Under $950 (typically): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To legally receiveMedicare hospice benefits, a patient must be predicted to pass away within half a year if the illness runs its normal course — a threshold that fraudulent providers routinely falsify.
This type of fraud is more often alleged towards providers over patients. Because healthcare professionals have more access to control billing and provide diagnoses, they are at higher risk of being accused of hospice fraud. Rancho Cucamonga, 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. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Extra: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges have particularly far-reaching consequences. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Rancho Cucamonga, CA.
Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
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: Ineligibility for all federal health care programs
Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
You can face federal charges in some cases, but it's more common for these to be state charges. California's statute specifically addresses 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 Rancho Cucamonga, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office managers, and support staff have all been accused of this violation at various points in time.
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 — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare reimbursement, a patient 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 Rancho Cucamonga, 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.
Warning: The Physician Self-Referral Law (Stark Law, 42 U.S.C. § 1395nn) prohibits physicians from referring Medicare patients to home health entities in which they have a financial interest. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — 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 Defend in Rancho Cucamonga, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Rancho Cucamonga, CA. This can be the case when you're accused of robbery. A person commits robbery when they take something directly from another person by force. Versus burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion relies more on threats than actual violence to commit a theft. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. As an example, if a person threatened to attack their manager unless they were given a favorable schedule, that person could be accused of extortion.
Robbery, Extortion & Force-Related Theft
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 Rancho Cucamonga, 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 taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. Being convicted of robbery will likely result in a prison sentence as well as a strike.
California distinguishes between first-degree robbery (committed against someone in an inhabited structure, a taxi/rideshare driver, or while using an ATM) and second-degree robbery (all other cases). First-degree robbery carries significantly higher penalties.
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. The threat does not have to be of physical violence; threatening to reveal embarrassing or damaging information is sufficient.
Common examples: Threatening to report someone for a crime unless paid; threatening to post compromising photos of someone online if they leave; 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 Rancho Cucamonga, CA
Burglary is often charged along with theft in Rancho Cucamonga, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. Ordinarily, this is a building, like a convenience store (in which case it would be commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would be considered burglary of a vehicle.
Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Because of this, these cases can often hinge on if you were allowed to be in the location or not.
Burglary Related Charges
Shoplifting also involves the theft of items from a store, similar to commercial burglary. 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 Rancho Cucamonga, 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 very likely that you'll be charged with both burglarizing and vandalizing a location together in Rancho Cucamonga, CA, making it all the more important to get an experienced theft crimes lawyer to fight for your freedom.
Finally, even if you don't commit a theft, you can face related charges in Rancho Cucamonga, CA. What can lead to this? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.
Burglary, Home Invasion & Related Charges
Rancho Cucamonga, 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
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 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 will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Rancho Cucamonga, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Possible Penalties:
- Prison 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
Second-degree burglary covers entering any non-residential structure with the intent to commit theft or a felony — stores, offices, warehouses, garages, and other commercial buildings. You could face either misdemeanor or felony charges for this offense.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
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. This could be either a misdemeanor or a felony, depending on how the Rancho Cucamonga, CA prosecutor interprets the circumstances.
Important note: The vehicle must be locked for a burglary charge to apply. An unlocked vehicle can still lead to theft charges, but for it to be burglary, the vehicle must have been protected.
Home Invasion Burglary With Violence — California Penal Code § 459 / § 211
A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. This is treated as one of the gravest offenses in the California penal code, and prosecutors pursue maximum penalties. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — all carrying their own prison terms, often served consecutively. If you are up against home invasion charges, you need the most experienced criminal defense team available, and you need them now.
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. You need a Rancho Cucamonga, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
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 knowing their full history, or from unknown sellers, does not prove that you were aware the items were stolen.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
Vandalism charges are about more than just graffiti; if Rancho Cucamonga, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).
Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.
Possible Penalties:
- Under $400: Misdemeanor — up to 1 year jail
- Over $400: Wobbler — up to 3 years prison
- Restitution: Full repair/replacement cost to victim
- Additional: Graffiti cleanup, community service
Trespassing — California Penal Code § 602
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 the context of theft crimes, trespassing charges frequently accompany burglary or other property offense charges — because burglary inherently involves unauthorized entry.
Without compounding charges, trespassing is typically charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: 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.
Possible 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)
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. This means stealing even a low-value firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
To make things worse, you may also have to fight in federal court. When you're fighting in two courts, it becomes substantially more complicated to avoid a guilty plea. And it's even more critical to work with an attorney who is able to protect you from even the toughest opponents.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. Financial elder abuse (also known as theft from an elder) 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 Rancho Cucamonga, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.
Examples: Caregiver overcharging for services; family member using power of attorney to take money; fake contractor promises work but never completes it; 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
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
In Rancho Cucamonga, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. These acts are viewed as particularly heinous, and penalties can be severe. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. Attempted theft, burglary, or robbery in California needs to include: (1) the specific intent to commit the crime, and (2) a direct, unequivocal act toward committing it — regardless of whether it was successful or not.
Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So attempted robbery carries half the prison exposure of robbery. However, this is still a serious criminal conviction with lasting consequences.
California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.
Regardless of what charge you're facing, when you call our firm, you can talk to an expert theft crimes lawyer in Rancho Cucamonga, CA, who will listen to your side of the story and build a defense around that. As a team, we will craft a staunch defense against the allegations.
Facing Theft Allegations? These Are Your Next Steps
Theft allegations are just the tip of the iceberg. The Rancho Cucamonga, CA, government is after you, the alleged victim is accusing you, and the collateral consequences could be devastating. When you're alone, it can seem impossible.
But you have another option. The Law Offices of David S. Chesley is here to help. When you work with us, you will get a Rancho Cucamonga, 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. Comply With the Police
Mistakes here can hurt your case. If you're being arrested, don't resist. Be polite and respectful during the process. Fighting back can only get you into more trouble.
2. Keep Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. 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 Rancho Cucamonga, CA, Theft Crimes Defense Attorney Right Away
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. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. Your rights and freedom matter, no matter what you've been accused of.
5. Work With Your Attorney to Make a Personalized Defense
This is perhaps the most important step: building a defense against the charges. An expert theft crimes lawyer in Rancho Cucamonga, CA, will take the time to listen to you, negotiate for deals with the prosecution, and fight for charges to be dismissed whenever possible.
Powerful Defense Strategies for Theft Charges
Every theft case is different — and every defense strategy needs to be customized to the specific facts, circumstances, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in Rancho Cucamonga, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.
A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Similar defenses include: 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 (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key principle: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. Challenging the intent element is not simply a fallback strategy. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Using This Defense:
- Grand Theft: 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, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If searches disobeyed regulations, the evidence can be thrown out and the prosecution may be unable to proceed.
Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the scope of a valid warrant. In Rancho Cucamonga, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.
If this applies to your case, it can be a major win for your defense. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can substantially change the outcome. Suppression motions are fully litigated in Rancho Cucamonga, CA, courts, and are an essential tool for the defense when facing theft charges.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, 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
Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Rancho Cucamonga, CA. False accusations can arise from personal disputes, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — you need a Rancho Cucamonga, CA, theft crimes lawyer to protect your freedom.
False accusations in Rancho Cucamonga, CA, often aren't the result of malice, but of a witness making an error. 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. Even if the witness is sure, they could be mistaken. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the accuser; presenting expert testimony on the issues with eyewitness testimony; and demonstrating inconsistencies between different statements and testimony between witnesses.
If you are falsely accused: Stay away from witnesses, do not try to collect evidence yourself, and do not tell your side of the story to the police without your theft lawyer present. 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 — In some cases, the prosecution must prove you were aware that 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 is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. It's not illegal to use someone else's property if you had permission.
Rights 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 — In many cases with offenders with no prior offenses, California offers sentencing alternatives that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.
Contesting the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. 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, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — 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. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
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. That said, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, does not prevent the conviction from being used in subsequent criminal proceedings, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.
Critical Note: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is full sealing, to be able to legally own a gun again, 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 (available 1 year after the conviction)
- PC § 851.91: Seal records of arrests which did not end in a conviction
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Does not restore firearm rights or remove record from law enforcement databases
Rancho Cucamonga, CA, Theft Crimes Frequently Asked Questions
Is there a difference between petty theft and grand theft in Rancho Cucamonga, 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). 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. California law lets you expunge several types of theft convictions (including felonies) from your record after completing probation. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.
What happens if I'm charged with shoplifting for the first time in Rancho Cucamonga, CA?
First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Frequently, you can participate in a diversionary program instead of serving a jail sentence, and if you are successful, the charges will be dismissed. Working with a criminal defense lawyer 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 honestly weren't aware and had no reasonable basis to suspect it, that can form the basis of your defense. We often use this as a way to protect our clients from accusations. However, circumstances like strangely good deal or no documentation of ownership can erode your case, which is why an attorney is essential.
How serious is a grand theft auto charge in Rancho Cucamonga, CA?
Extremely. You can expect your grand theft auto case to be charged as a felony, with increased penalties. If you have a criminal record, you are at risk of harsher penalties. Get in touch with one of our attorneys immediately at (800) 755-5174.
What is a "wobbler" offense in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. Many theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.
Will I go to jail for a theft charge?
You can avoid jail in many cases, actually. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Call our firm to understand what options are available to you.
Can I be charged with burglary if I didn't steal anything?
Yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you actually took anything doesn't matter — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and how it's presented — is critical to burglary defense.
Facing a Theft Charge in Rancho Cucamonga, CA? Contact Our Team to Defend Your Freedom.
There is no such thing as a minor theft accusation. Our attorneys are prepared to defend you — 24 hours a day, 7 days a week. Call now for a no-obligation consult on your case.
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