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Theft Lawyer San Gabriel, CA

Theft Lawyer San Gabriel, CA. Being arrested for theft is just the beginning . If you're facing theft allegations, the system can move against you extremely fast. Without help, it's easy to find yourself in a spot where you feel hopeless.

Even when it feels like there is no hope, there is an option who will fight for you: The Law Offices of David S. Chesley. Our attorneys have extensive experience defending clients against all manner of theft crime charges. With a San Gabriel, CA, theft crimes lawyer from our team building your defense, every legal avenue will be explored to protect your rights.

Connect with an attorney right away at (800) 755-5174 or send us a message about your case 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.


The Importance of a Theft Lawyer in San Gabriel, CA

You should never take theft allegations lightly, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to decipher a convoluted legal code and potentially set yourself up for the below consequences:

  1. Prison Sentence: San Gabriel, CA, theft convictions can send you to prison, for years in some cases.
  2. Financial Penalties: Fines are commonly assigned as penalties in theft laws, plus you could lose more money in civil court.
  3. Career Setbacks: Background checks can derail job applications, and you can lose access to professional licenses.
  4. Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
  5. And more.

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

Top Qualities of Our San Gabriel, CA Theft Defense Attorneys

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

  • A Team Of Former District Attorneys & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We 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 San Gabriel, CA prosecutors and judges, which we will use when securing plea deals.
  • Prepared to Fight Your Case at Trial — 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 — 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.
  • Excellent Reputation – We are renowned professionally and by clients.
  • Always Availalbe — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
  • Entirely Confidential — Attorney-client privilege protects you, whatever you tell us about your case. You can tell us everything, and we will respect your story while crafting your defense.

Every Theft Charge We Defend in San Gabriel, CA

Click any charge below to jump directly to a full explanation of the law, consequences, 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


Theft Cases We Fight in San Gabriel, CA

With over 50 years of combined legal experience, we have what it takes to protect your rights. When you need a theft crimes lawyer in San Gabriel, CA, don't wait: Reach out now for a free, confidential consultation.

We cover all of the following types of charges and more:

Petty Theft Charges vs Grand Theft Charges

California breaks down most theft crimes into two categories: Petty theft and grand theft. Both consist of taking another person's property without permission. The distinguishing factor is how much value was allegedly stolen: If it was $950 or less, the charges will typically be petty theft, while any more will ordinarily be grand theft.

Fighting petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges is usually more challenging because it is more frequently charged as a felony. In either case, the right theft crimes lawyer will improve your chances of reaching a positive outcome.

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

Alleged CrimePetty TheftGrand Theft
Value Taken$950 or LessMore than $950
Charge Type?Usually MisdemeanorMisdemeanor or Felony
Misdemeanor PenaltiesUp to six months in jail, and up to $1,000 in finesUp to one year in jail, and up to $1,000 in fines
Felony PenaltiesUp to three years in prison, and up to $10,000 in finesUp to three years in prison, and up to $10,000 in fines

Shoplifting — Proposition 47 / Penal Code § 459.5

Shoplifting used to be a type of commercial burglary, rather than its own offense. This changed after California passed Proposition 47 in 2014. 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, most shoplifting charges are misdemeanors. However, you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Whether you're up against a felony or misdemeanor charge, a local San Gabriel, CA theft crimes lawyer can help protect you from the worst consequences.

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

Potential defenses include: Theft was unintentional, innocence, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.


Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Not every prior offense in San Gabriel, 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 accused is guilty of petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — especially if the sentence included incarceration. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. Defendants with certain prior serious or violent felonies, prior sex offense registration requirements, or prior burglary convictions under PC § 459 remain fully exposed to felony enhancement even for minor shoplifting incidents.

Possible Penalties:

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

Vehicle Theft Charges We Fight in San Gabriel, CA

We will fight against all sorts of vehicle theft crimes in San Gabriel, CA. An example that many people ask about is grand theft auto, but that's actually not a law of its own. Grand theft auto is defined in a subsection of the state's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.

If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. If the defendant did intend to return it, they're probably going to face charges of joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, it's almost always better to be charged with joyriding in San Gabriel, CA, since the prosecution is more likely to assign that as a misdemeanor.

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

When you contact our law firm, you'll partner with a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Reach out now to start protecting your freedom.


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 — 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.

Potential Penalties:

  • Charge Type: Wobbler (usually felony in San Gabriel, 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. If you deprive someone of their vehicle with any intentions, this law applies.

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 San Gabriel, CA, making it critical to get an expert vehicle theft crimes lawyer to defend you.

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

JoyridingGrand Theft Auto
Key DistinctionIntent to returnIntent to keep permanently
Normal ChargeMisdemeanorFelony
Misdemeanor JailUp to 1 year—
Felony Prison—16 months, 2, or 3 years

Carjacking — California Penal Code § 215

If you had to pick the worst vehicle theft crime to be charged with, carjacking would be a leading contender. The key element of carjacking is how the vehicle was allegedly stolen — if force or fear was used, the San Gabriel, CA prosecutor is likely going to pick carjacking over another offense. 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.

Potential Penalties:

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

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

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

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The state must prove were aware that 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 San Gabriel, CA

White collar crimes in San Gabriel, CA, can be any one of a variety of charges, but each of them share a common trait: abuse of an organization for personal gain.

Many white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is the theft of money someone was supposed to manage for others, like an investment banker taking from a client's account. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.

Not all white-collar crimes are transactional in nature, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, 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 San Gabriel, CA, but you'd be wrong. The punishments can be dire — incarceration, massive fines, major career setbacks, and permanent stains on your reputation. These cases require attorneys with deep financial and legal sophistication.


White Collar Crimes — Synopsis

Individual "white collar crimes" can look very different from each other. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a professional for personal gain. These cases are some of the most complicated in San Gabriel, CA, and normally require highly experienced representation to defend.

These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.


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 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 payroll professional creating fake employees and taking their salaries; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; 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
  • Large Amounts: Enhanced sentences up to 10+ years
  • Additional: Full restitution, loss of professional licenses

Money Laundering — California Penal Code § 186.10

Money laundering is any way that someone can take 'dirty' money and make it appear 'clean.' It commonly involves three stages: placement (introducing dirty money into the financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (making the funds appear legitimate).

California's money laundering statute specifically targets transactions over $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.

Possible Penalties (State):

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

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

Bribery involves offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever position you're in, a San Gabriel, 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 San Gabriel, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses 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

San Gabriel, 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, money orders, contracts, vehicle titles, power of attorney documents, warrants, prescriptions, lottery tickets, and many other types of written instruments.

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

Potential Penalties:

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

Identity Theft — California Penal Code § 530.5

In San Gabriel, 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, goods, services, or medical information.

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

San Gabriel, CA, identity theft allegations are very serious, and frequently involve federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.

Possible Penalties:

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

Fraud Charges We Defend in San Gabriel, CA

Fraud is a frequent white collar crime charge in San Gabriel, CA, and can be divided into smaller categories of its own. Generally speaking, someone who commits theft by acting dishonestly so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is is one of the more common version of fraud.

Insurance fraud is one of the most common types of fraud. It involves lying to an insurance company to collect more money than they are supposed to. For example, if someone were to hide their valuable property and claim it was stollen, that person commits insurance fraud.

A similar fraud charge is 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 popular form 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.

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


Different Kinds of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in San Gabriel, 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

Many "fraud" charges in San Gabriel fall under California's 'theft by false pretenses' law. This is when one person tricks another person through disonest means, causing them to voluntarily transfer money or property. 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; creating fake invoices; collecting donations for a nonexistent charity.

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


Insurance Fraud — California Penal Code § 550

Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. The San Gabriel, CA, prosecution takes insurance fraud extremely seriously, and the state has a dedicated Insurance Fraud Division that actively investigates these cases. A leading theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible

Typical forms 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: 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

In San Gabriel, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. Charges can occur if someone is caught using another person's card without approvel, using a card that has been stolen or counterfeited, using an account number without physical possession of the card, or fraudulently taking or selling card account information.

What to know about federal charges: It's common in California credit card fraud cases for there to also be federal charges, especially when accounts are used across state lines or some part of the alleged crime occurred online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.

Potential Penalties (State):

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

Welfare Fraud — California Welfare & Institutions Code § 10980

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

Common examples: Failing to report income; misrepresenting household composition; Trading or selling food stamps; pretending that a child is still a dependent when they are not; continuing to collect benefits after a qualifying event ends your eligibility.

These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. A local San Gabriel, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.

Possible 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: 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 qualify forMedicare 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.

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

Important Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. If someone reaches out to the authorities, they may share their findings in order to allow for a civil suit. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Potential Penalties:

  • Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
  • Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
  • State Charges: Up to 5 years (CA Penal Code § 550)
  • Extra: 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. And as if regular theft crime allegations weren't bad enough, Medicare fraud is often tried at the federal level. If you want to protect your freedom, you'll need an expert San Gabriel, CA theft lawyer who has your back.

While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. 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.

Critical Note: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Both the person paying and the person receiving a kickback can face prosecution.

Potential Penalties:

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

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

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

You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. These are some of the most complicated cases to defend in San Gabriel, CA, as they often involve extensive medical records and expert testimony/analysis. Doctors, billing organizations, office managers, and clerks have all been accused of this violation at various points in time.

Possible Penalties:

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

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

Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare benefits, the care recipient must be homebound and require special care. Because of the particulars of the definition, these cases can vary wildly from one another.

Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. Home health fraud charges in San Gabriel, 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.

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. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.

Possible Penalties:

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

Violent Theft Charges We Defend in San Gabriel, CA

Violent crime charges and theft charges often go hand in hand in San Gabriel, 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. As opposed to burglary, the alleged theft occurred away from the alleged victim. 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 is a unique form of theft. When one person commits extortion, they threaten another in order to get something from them. This doesn't always need to include physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.


Robbery, Extortion & Force-Related Theft

When theft involves force, fear, or coercion, the penalties increase dramatically. Beyond the felony charges themselves, you could also be up against a strike on your record. Your San Gabriel, 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.

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. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to damage someone's storefront unless they pay "protection money;" threatening to deny someone a rightful certification unless special favors are given.

Potential Penalties:

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

Burglary Charges We Fight in San Gabriel, CA

Burglary is often charged along with theft in San Gabriel, CA. California defines burglary as entering a location without permission in order to steal something or break a different law. In most cases, this is a building, like a retail store (in which case it would be commercial burglary), but not always. For example, if you supposedly broke a car window to take something from the glovebox, that would be considered burglary of a vehicle.

No matter what kind of burglary you're charged with, there is always an element of trespassing involved. Due to this, these cases can often hinge on if you were allowed to be in the location or not.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. But after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. These changes had an immediate impact, even for people who had already been convicted. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.

Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to in order to steal from the building. It's common to face burglary and vandalism charges together in San Gabriel, CA, heightening your need for a top quality theft crimes lawyer to fight for your freedom.

Lastly, you can face theft charges in San Gabriel, CA, even if you didn't steal anything yourself. How can this be? 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

People commonly think of burglary as entering someone's house to commit theft, but that's not how San Gabriel, CA law works — 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 with the intent to commit a theft or any felony inside. You do not have to actually steal anything. The reason that you went there is what matters.

This charge is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and San Gabriel, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Possible Penalties:

  • Prison Term: 2, 4, or 6 years in state prison
  • Three Strikes: Yes — serious felony strike
  • Probation: Generally not an option for first-degree
  • Fines: Up to $10,000

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

Second-degree burglary is someones called "commercial burglary" because it also involves entering a location with the intent to steal or commit a felony, but as opposed to first-degree burglary, the location is non-residential. This charge is considered a wobbler and could be either a misdemeanor or a felony.

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. Unlike residential burglary, vehicle burglary is a wobbler.

Important note: Stealing from an unlocked vehicle does not qualify for a burglary charge. This would still likely be prosecuted as theft, 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.

As with other burglary charges, home invasion burglary charges don't tend to exist in a vacuum — you're likely also facing other theft or violent crimes charges. If you are fighting home invasion charges, you need the most experienced criminal defense team available, 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 & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Your San Gabriel, 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

This charge applies to some people who are indirectly involved in a theft. Buying, selling, or disguising something that was stolen can lead to these charges.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. 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.

Possible Penalties:

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

Vandalism — California Penal Code § 594

Vandalism charges are about more than just graffiti; if San Gabriel, CA, you can be accused of vandalism for damaging someone else's property. This relates to theft if you allegedly caused property damage in the process of stealing something (for example, kicking in the door).

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

Potential Penalties:

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

Trespassing — California Penal Code § 602

Trespassing is another property crime, though it doesn't involve stealing (directly). Trespassing is when one person goes onto someone else's property when they aren't supposed to be, and/or refuses to exit. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.

Standing alone, trespassing is most often charged as a misdemeanor or infraction. However, San Gabriel, 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 charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.

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.

Potential Penalties:

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

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.


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 the theft of even a low-value firearm results in a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.

Federal firearms theft charges may also apply. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more important to work with an attorney who is able to protect you from even the toughest opponents.

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

If the alleged victim was 65 or older, you might be up against elevated penalties. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.

The prosecution in San Gabriel, CA, does not take these charges lightly and usually pursues harsh penalties. Prison sentences can be increased even further if the alleged victim was 70 years or older. Civil liability and restitution orders frequently accompany criminal proceedings, and Adult Protective Services involvement only makes things more complex.

Examples: Caregiver taking money from a client's account; family member exerting undue influence over an elder's finances; fake contractor promises work but never completes it; impostor pretends to be a law enforcement official.

Potential Penalties:

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

Looting — California Penal Code § 463

Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.

In San Gabriel, 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. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.

Potential Penalties (Enhanced):

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

Attempted Theft, Attempted Burglary & Attempted Robbery

Even if the supposed burglary or robbery failed, attempted theft charges will still apply. For it to be considered an attempt, the prosecution needs to prove two things: (1) a mental state of deliberate criminal activity, and (2) a direct, unequivocal act toward committing it — even if the attempt failed or was interrupted.

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.

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.


No matter what you've been accused of, when you contact the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in San Gabriel, CA, who will listen to your side of the story and build a defense around that. As a team, we will fight for the best outcomes possible in your case.

What to Do if You're Accused of Theft

Being charged with theft can be intimidating. There could be a warrant out for your arrest, the alleged victim is accusing you, and the collateral consequences could be devastating. Trying to handle it yourself, the odds can seem insurmountable.

But you're not alone. You have the Law Offices of David S. Chesley on your side. A San Gabriel, CA, theft crimes lawyer from our team will guide you on how to navigate your case. If you're up against theft crime accusations, here are our recommendations:

1. Comply With the Police

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

2. Stay Calm and Stay Silent

It's common for police to interview you after an arrest – 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 if anything you say is untruthful, you can be charged with perjury.

3. Call a San Gabriel, CA, Theft Crimes Defense Attorney Right Away

In California, people who have been arrested are given three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Your lawyer can help argue for your release at a bail hearing. Our theft crimes defense attorneys will argue against the prosecution for your release. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.

5. Work With Your Lawyer to Make a Personalized Defense

Finally, you work with your attorney to craft a strong defense. An expert theft crimes lawyer in San Gabriel, CA, will take the time to listen to you, negotiate with the state, and fight for charges to be dismissed whenever possible.


Theft Lawyer Defensive Strategies

Every theft case is different — and every defense strategy must be tailored to the specific details, proof, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in San Gabriel, 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. In San Gabriel, CA, intent to commit theft specifically requires someone to plan to permanently take someone else's property away. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Additional intent-based defenses consist of: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).

Key point: The prosecution bears the burden of proving criminal intent beyond a reasonable doubt — the defendant does not have to prove innocence. This isn't merely a backup plan. This is a key part of nearly all theft defenses, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.

Defense Application:

  • Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
  • Embezzlement: Challenges the fraudulent conversion element
  • Fraud / False Pretenses: Attacks the knowing misrepresentation element
  • Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

The state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In theft and burglary cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the authorities broke the law, the evidence can be suppressed and the district attorney may be unable to proceed.

Here are some of the reasons that evidence is thrown out in theft cases: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the scope of a legitimate warrant. In San Gabriel, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — a motion that can be brought at the preliminary hearing stage and can effectively end a prosecution before trial if granted.

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 make a big difference. Suppression motions are fully litigated in San Gabriel, CA, courts, and are a standard component of aggressive defense in all property crime cases.

Suppression Scenarios:

  • Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
  • Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
  • Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
  • Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

Innocent people are charged with theft crimes more often than the public realizes. False accusations can stem from personal arguments, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, ambiguous surveillance footage, 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 San Gabriel, CA, theft crimes lawyer to protect your freedom.

One of the ways that innocent people are commonly accused in San Gabriel, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — most notably across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. 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); attacking the character of alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and demonstrating inconsistencies between different witnesses' versions of events.

If you have been falsely accused: Do not confront witnesses, do not attempt to gather evidence independently, and do not attempt to explain your innocence to police without your theft defense lawyer present. You might make a mistake, or the police might misinterpret something you say. Contact defense counsel immediately and say nothing.

Lack of Knowledge — For some charges, the San Gabriel, CA, prosecutor must prove you knew the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

Consent / Permission — Theft requires that property be taken without the owner's consent. If you had permission to be in a location or to take an item — even if that permission was informal or later disputed — this is a complete defense to theft and burglary charges.

Rights Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.

Diversion Programs — Particularly for first-time offenders, California offers sentencing alternatives that can keep you out of prison by participating. If you are eligible, we will explore it as an option to protect your freedom.

Arguing the Property Valuation — 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, 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 currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in several cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.

Here are some of the advantages of getting your theft conviction expunged: In particular, you won't have to note any convictions on private job applications. However, there are still some restrictions in the expungement process — it doesn't allow gun ownership, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.

Critical Note: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is full sealing, 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: Dismissal after successful probation completion
  • PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
  • PC § 851.91: Arrest record sealing where no conviction resulted
  • SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
  • Limitations: Still restricted from owning guns, and the police can still review these records

  • Common Theft Crimes Questions in San Gabriel, CA

    Is there a difference between petty theft and grand theft in San Gabriel, California?

    What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Property valued at $950 or less results in petty theft charges (usually a misdemeanor). 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. Both require an attorney, but grand theft charges demand urgent and aggressive representation.

    Is it possible to expunge a theft conviction in California?

    In many cases, yes. California Penal Code § 1203.4 allows for expungement of misdemeanor and many felony theft convictions after successful completion of probation. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. 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 San Gabriel, CA?

    First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. An attorney can make a major difference and help you with avoiding a conviction and keeping your record clean.

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

    If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you honestly weren't aware and didn't have a reason 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 an unusually low price or no documentation of ownership can erode your case, making it imperative that you hire a skillful theft crimes lawyer.

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

    Extremely. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have a criminal record, you are at risk of harsher penalties. Call one of our theft crimes lawyers as soon as possible if you're facing this charge.

    What is a "wobbler" offense in California?

    The state of California defines several offenses as "wobblers," which can be charged as either a misdemeanor or a felony. The prosecuting attorney makes this call based on the circumstances of the alleged crime. A large portion of theft-related offenses — such as grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. At the Law Offices of David S. Chesley, we take these charges seriously and will argue for misdemeanor options.

    Will I go to jail for a theft charge?

    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. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact us to understand what options exist in your case.

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

    Unfortunately, yes. California defines burglary as entering a structure with the intent to commit theft or a felony inside. Whether you stole something or not is irrelevant — if prosecutors can prove you entered with criminal intent, you can be convicted of burglary even if you left empty-handed. As a result, intent evidence — and challenging how it's proven — is critical to burglary defense.


    Accused of Theft in San Gabriel, CA? Call Our Firm to Protect Your Rights.

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

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  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
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