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Theft Lawyer Santa Monica, CA. Nobody wants to be in a situation where they're facing criminal charges. Theft charges in particular can be complex because of the wide variety of them. It can seem like there's no way out.

Even when you're up against the toughest battle of your life, don't give up yet. You have a team who will defend your freedom: The Law Offices of David S. Chesley. Our legal team has extensive experience defending clients against all manner of theft crime charges. With a Santa Monica, CA, theft crimes lawyer from our team defending your freedom, you're going to get honest advice on how to get the best outcome possible.

Discuss your case with a theft crimes attorney today at (800) 755-5174 or use our contact form for a free, confidential consultation. Waiting too long to reach out can cost you everything.

How a Santa Monica, CA, Theft Lawyer Can Help You

You should never take theft allegations lightly, whether they are felonies or misdemeanors. On your own, you're stuck trying to decipher a complex legal system and potentially set yourself up for the below consequences:

1. Prison Sentence: Most theft charges in Santa Monica, CA, carry a potential jail sentence of six months or more.
2. Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
3. Loss of Employmnet: Having a criminal record can negatively affect your future career goals.
4. Stained Reputation: You can face unfair and unjust labels that get in the way of your moving on with your life.
5. And more.

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

Top Qualities of Our Santa Monica, CA Theft Defense Attorneys

Working with our expert Santa Monica, CA theft crimes defense lawyers will give you leading legal representation. Here's what you get when you call us — and the difference it will make for your case:

• A Team Of Former Prosecutors & 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 more than five decades of total legal experience, the state knows how hard we will fight for our clients and we know how to make use of our relationships to earn better deals for our clients.
• Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
• Record Expungement Services — We don't leave you behind after the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
• Terrific Reputation – well-respected amongst both clients and peers.
• Available 24/7 — Arrests happen at all hours. So do we. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
• Totally Private — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Theft Charges We Will Fight in Santa Monica, CA

Use the links below to navigate directly to a full breakdown of the law, consequences, and more.

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

Santa Monica, CA, Theft Allegations We Defend Against

With over 50 years of combined legal experience, we have what it takes to protect your rights. If you're looking for a theft crimes lawyer in Santa Monica, CA, don't wait: contact us now for a no obligation review of your case.

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

Petty Theft Charges vs Grand Theft Charges

While there are many different theft case types in Santa Monica, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property without their consent. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the classification will normally be petty theft, while any more will typically be grand theft.

Defending petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, defending grand theft charges is usually more challenging because it is more frequently charged as a felony. Regardless of what you're up against, a skillful theft crimes lawyer can help you minimize penalties.

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

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.

In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, the majority of shoplifting cases are misdemeanors. That said, 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 Santa Monica, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.

Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) has been a target of recent California laws, and is prosecuted harshly in Santa Monica, CA.

Shoplifting Potential 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

Defensive strategies are: 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 with a prior — sometimes abbreviated PTWP — allows prosecutors to elevate what would ordinarily be a misdemeanor petty theft charge into a wobbler when the defendant has a qualifying prior conviction on their record. This is one of the most common mechanisms used in Santa Monica, CA, to increase exposure for repeat offenders, even when the underlying theft involves a modest amount.

To activate this sentencing enhancement, the prosecution must establish: (1) the suspect is guilty of petty theft; and (2) the defendant has previously been found guilty for certain crimes, mostly theft related — particularly where the defendant served time in jail or prison for that prior. Proposition 47 (2014) significantly narrowed the statute's reach, but did not eliminate it. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.

Potential Penalties:

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

Vehicle Theft Charges We Fight in Santa Monica, CA

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

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, in Santa Monica, 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". Similar to receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or keeping the car or truck can get you arrested for possession of a stolen vehicle.

When you contact our law firm, you'll get a vehicle theft crimes lawyer who has relationships with the local courts and can argue for reduced charges in many cases. Contact us today 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 — all automobile thefts fall under the umbrella of "grand theft" in the state. This means even stealing a beater worth $200 can result in a grand theft auto charge.

Grand theft auto and joyriding have a close relationship in Santa Monica, 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.

Possible Penalties:

• Charge Type: Wobbler (usually felony in Santa Monica, 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. Unlike grand theft auto, this statute does not require intent to permanently deprive the owner. This law is relevant any time someone allegedly drives a vehicle without permission.

This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.

Joyriding — California Vehicle Code § 10851

Joyriding 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. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.

It's typical for joyriding to be treated as a misdemeanor in Santa Monica, CA. However, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.

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 is often ineligible for probation.

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

Possible Penalties:

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

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

In Santa Monica, CA, the prosecution can charge you with a related crime even if you didn't steal the vehicle. If you have a vehicle that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.

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

Possible Penalties:

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

White Collar Crime Charges We Fight in Santa Monica, CA

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

Several white collar crimes are defined by how money is transferred. Embezzlement is when one person steals money that they were in charge of, but was not their own. Money laundering 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 involve financial exchanges, though (at least at first glance). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft involves stealing another person'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.

Forgery, Identity Theft, Fraud & More

White collar crimes carry severe consequences even without physical violence — years in prison, financial penalties, major career setbacks, and long-lasting stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.

White Collar Crimes — Overview

There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a position for personal gain. These cases are some of the most complicated in Santa Monica, CA, and normally require highly experienced representation to defend.

White collar cases are often investigated for months or even years before charges are filed. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. 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 legal access — embezzlers have legitimate control over the money or property they steal.

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

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• 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 the process of making illegally obtained money appear to have come from a legitimate source. It usually involves three steps: placement (adding the dirty money into the legitimate financial system), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (using the funds for legitimate purchases, to further disguise them).

California's money laundering statute is set to combat transactions over $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, risking up to two decades of prison time.

Potential Penalties (State):

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

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

Bribery involves offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law criminalizes bribery in many contexts — elected officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Santa Monica, CA, theft crimes lawyer is essential to advise you on how to address these charges.

Important: Both the person offering the bribe and the person accepting it can be charged in Santa Monica, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.

Possible Penalties:

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

Forgery — California Penal Code § 470

You can be charged with forgery in Santa Monica, CA, if you allegedly changed or made a fake document to trick someone into giving you money or other valuables. California's forgery statute is broad and covers checks, money orders, contracts, vehicle titles, wills, warrants, notary public symbols, identification documents, and many other types of written instruments.

What if I didn't steal anything with it? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, combined with the act of creating or using the forged document, is enough to be convicted.

Possible Penalties:

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

Identity Theft — California Penal Code § 530.5

You can face identity theft allegations in Santa Monica, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.

What if it didn't affect them financially? No financial loss to the victim has to occur for a conviction. Just obtaining and using someone's information without authorization is enough to warrant a crime under California law. Because of this, you need to hire an expert theft crimes lawyer regardless of the specifics of your situation.

Santa Monica, CA, identity theft allegations are very serious, and often involve federal charges for more serious, widespread, or online cases.

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 Santa Monica, CA

Fraud is a frequent white collar crime charge in Santa Monica, CA, and can be divided into smaller categories of its own. Broadly speaking, a person who commits theft by acting dishonestly so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is the most ordinary version of fraud.

Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. 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 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 common variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If the card is counterfeit or expired, but you allegedly try to use it anyways, you can face these charges.

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

Types of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Santa Monica, CA, for a wide variety of actions — from simple misrepresentations to elaborate financial schemes. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.

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

Theft by false pretenses is one of the most common fraud charges in Santa Monica. These allegations are used when a person tricks another person through disonest means, who then freely gives up something of value based on the false information. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.

Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; collecting donations for a nonexistent charity.

Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.

Insurance Fraud — California Penal Code § 550

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. Insurance fraud charges are always a big deal, and are often felonies in Santa Monica, CA. An expert theft crimes lawyer will fight the allegations and explore all avenues to help you find the best outcome possible

Common examples include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; arson for insurance proceeds; workers' compensation fraud; double billing for a health service.

Potential Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Full repayment to insurer
• Additional: Loss of professional licenses

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

In Santa Monica, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. This includes using someone else's card without authorization, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally taking or selling card account information.

Note on federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when accounts are used across state lines or some part of the alleged crime occurred online. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.

Possible Penalties (State):

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

Welfare Fraud — California Welfare & Institutions Code § 10980

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

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

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. A premier Santa Monica, CA, theft crimes lawyer can help show issues in the prosecution's case and greatly improve your case's outlook.

Possible Penalties:

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

Additional: Loss of future benefit eligibility

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

Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, the person being treated must be predicted to pass away within half a year if their current health conditions progress in a typically expected manner — a threshold that fraudulent providers routinely falsify.

While highly unfortunate, hospice fraud allegations can arise from misunderstandings on the part of the patient's family. Grieving family members can erroneously blame health care professionals who were dedicated to helping their patients. These accusations are particularly dangerous because they are often charged in federal court in Santa Monica, CA, meaning you're up against very difficult odds.

Warning: 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.

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. 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 Santa Monica, CA theft lawyer who has your back.

Common schemes include: billing for services never rendered; upcoding (billing for a more expensive service than was actually provided); unbundling (billing separately for procedures that should be billed together at a lower combined rate); billing for medically unnecessary services; kickback arrangements for patient referrals; and identity theft of patient or physician billing credentials. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Santa Monica, CA theft lawyer immediately.

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

Potential Penalties:

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

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

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically addresses situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. These are some of the most complicated cases to defend in Santa Monica, CA, as they often involve extensive medical records and expert testimony/analysis. Healthcare providers, billing companies, office workers, and clerks have all found themselves accused of health care fraud in the past.

Possible Penalties:

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

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

Home health fraud is a subcategory of Medicare and Medicaid fraud that specifically targets the fraudulent billing for in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. To qualify for Medicare benefits, a patient must be homebound and require skilled care. Because of the particulars of the definition, these cases can vary wildly from one another.

A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Home health fraud charges in Santa Monica, CA, are taken very seriously, and you need a theft defense lawyer who's ready to give your case the attention it deserves. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Important: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.

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 Santa Monica, CA

Violent crime charges and theft charges often go hand in hand in Santa Monica, 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. This is in contrast to burglary, where the alleged victim is not present during the act. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.

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

Extortion relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. 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. For 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. It's essential to get a theft crimes lawyer in Santa Monica, CA to protect your freedom.

Robbery — California Penal Code § 211

Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. 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.

Possible Penalties:

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

Extortion (Blackmail) — California Penal Code § 518

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. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; 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 Fight in Santa Monica, CA

Burglary technically isn't always a theft crime, but it is closely related. California defines burglary as entering a location without permission in order to steal something or break a different law. Ordinarily, this is a structure, like a retail store (in which case it would be commercial burglary), but not always. For example, if you allegedly broke a car window to steal a wallet sitting on the seat, 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. 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, that all changed with the passage of Proposition 47 in 2014, which made shoplifting a separate crime, applicable when the alleged offender was attempting theft from a store while it is open for operations. The differences in charges had a major impact for several offenses and penalties. Today, shoplifting is no longer a subset of burglary offenses in Santa Monica, CA, and faces more lenient penalties if convicted.

Another related charge is vandalism. California defines vandalism and the intentional harming of someone else's property with permission, such as by kicking in a door to burglarize someone's home. It's very likely that you'll be charged with both burglarizing and vandalizing a location together in Santa Monica, CA, doubling the importance of working with a top quality theft crimes lawyer to protect your rights.

Finally, even if you don't commit a theft, you can face related charges in Santa Monica, CA. How can this be? Receiving stolen property charges. If you allegedly buy or take something that you know is stolen, or help the person who stole it hide the property, you can face these charges.

Burglary, Home Invasion & Related Charges

California burglary law is broader than most people realize — 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

In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. 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. This is one of the most serious theft-adjacent charges in California law, and Santa Monica, 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 an option 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.

Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.

Potential 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.

Key distinction: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. This is still against the law, 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. Santa Monica, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

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 fighting 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 & 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. Understanding how they interact is critical to building an effective defense.

Receiving Stolen Property — California Penal Code § 496

While theft-related, receiving stolen property cases are their own challenge. Buying, selling, or disguising something that was stolen can lead to these charges.

Receiving stolen property charges can fall apart if you can prove you weren't aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without receipts, or from unknown sellers, does not make you guilty.

Possible Penalties:

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

Vandalism — California Penal Code § 594

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

While many theft charges become felonies if more than $950 is stolen, a vandalism charge can become a felony if just $400 or more worth of damage is done.

Possible Penalties:

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

Trespassing — California Penal Code § 602

Trespassing 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. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.

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

Perjury — California Penal Code § 118

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

Do not make this mistake: 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

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

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

Stealing a gun is extra serious in California — while the usual threshold for stealing something to be considered 'grand theft' is $950, there is no minimum value if the item stolen was a gun. Because of this the theft of even a nearly worthless firearm results in a felony charge. On top of that, a grand theft of a firearm felony can count for a strike on your criminal record if convicted.

As if fighting the charges in your local Santa Monica, CA court weren't bad enough, you could also find yourself up against federal charges. The potential dual nature of these charges multiplies the complexity. And it's even more essential to work with an attorney that has wide resources and strong legal skills.

Potential Penalties:

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

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

Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. 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 Santa Monica, CA, does not take these charges lightly and usually pursues harsh penalties. If the victim is 70 years or older, additional consecutive prison time can be added. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement can complicate cases further.

Examples: Caregiver taking money from a client's account; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; fraudulent investment schemes targeting retirees.

Possible Penalties:

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

Looting — California Penal Code § 463

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

These charges are often looked upon very negatively in Santa Monica, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. 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

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) the desire to break the law, and (2) some form of action that furthers the criminal ends — whatever the outcome was.

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.

Attempted burglary and attempted robbery are still strike offenses in California. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.

For any of the charges above, or more, when you reach out to the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Santa Monica, CA, who has the training and experience needed to find a path forward. Together, we will craft a staunch defense against the allegations.

Facing Theft Allegations? These Are Your Next Steps

You need to take these accusations seriously. You're up against the Santa Monica, CA, prosecutor's office, you could be facing major legal consequences, and the collateral consequences could be devastating. Trying to handle it yourself, the odds can seem insurmountable.

But you're not alone. The Law Offices of David S. Chesley is here to help. When you work with us, you will get a Santa Monica, CA, theft crimes lawyer who will listen to your story and advocate for your rights. Here are the steps we recommend taking:

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. Fighting back can only get you into more trouble.

2. Remain Calm and Stay Silent

There's a chance you'll be interviewed or interrogated – invoke your right to remain silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." 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 Santa Monica, CA, Theft Crimes Defense Attorney Right Away

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

4. Secure Bail for Release

In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. We believe that protecting your freedom now is a part of protecting it for the long term.

5. Coordinate With Your Attorney to Make a Personalized Defense

This is perhaps the most important step: building a defense against the charges. An accomplished theft crimes lawyer in Santa Monica, CA, will take the time to listen to you, negotiate for deals with the state, and argue for charges to be dismissed whenever possible.

Theft Lawyer Defensive Strategies

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

Lack of Intent / Claim of Right Defense in Theft Cases

One of the most powerful defenses in any theft case is the absence of criminal intent. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. In many cases, especially if the physical evidence indicates the defendant took the item, everything will center around intent.

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. More related defenses include: mistake of fact (the accused took something that they thought was theirs); 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: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. This isn't merely a backup plan. This is a key part of nearly all theft defenses, especially in cases involving property disputes, family conflicts, and many civil debt situations.

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 Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution protect individuals against unreasonable searches and seizures. In theft and burglary cases, the Santa Monica, CA, police department will gather evidence through searches. If the authorities disobeyed regulations, the evidence can be suppressed and the prosecution may be unable to proceed.

Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches resulting from a warrant that was based on false information; arrests without probable cause resulting in an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the limits of a legal warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.

When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — if the court allows some evidence but not all of it — can substantially change the outcome. Suppression motions are fully litigated in Santa Monica, CA, courts, and are an essential tool for the defense when facing theft charges.

Suppression Scenarios:

• Warrantless Home Entry: Except in special circumstances, if evidence was taken from your home without a warrant, it can be thrown out
• Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

The Santa Monica, CA, investigators and prosecution aren't perfect: Sometimes, they get the wrong guy. False accusations can come from personal disagreements, witnesses mistaking the defendant for someone else, misunderstandings about ownership, ambiguous surveillance footage, or deliberate fabrication by a party with a motive to harm the accused. You can't rely on your innocence to get you out of trouble — you need a Santa Monica, CA, theft crimes lawyer to protect your freedom.

Eyewitness misidentification is one of the leading causes of wrongful convictions nationally. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, if they didn't have a clear sightline, or when things moved too fast. Studies consistently show that witness confidence does not correlate with accuracy. While this can unfortunately lead to false accusations, the benefit is that it provides several defensive avenues in Santa Monica, CA, court.

Defense strategies in false accusation cases include: showing that the defendant was elsewhere at the time of the crime; showing issues with how eyewitness identifications were obtained; attacking the character of the person making the allegations; presenting expert testimony on the issues with eyewitness testimony; and demonstrating inconsistencies between witness statements made at different points in time.

If you have been falsely accused: Do not confront witnesses, do not attempt to gather evidence independently, 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. Whatever your circumstances, if you're facing theft charges, call our lawyers now for help.

Lack of Knowledge — In some cases, the Santa Monica, CA, prosecutor 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 regarding your use of the property is a strong defense in Santa Monica, CA, theft cases. 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.

Sentencing Alternatives — Particularly for first-time offenders, California offers diversion programs 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 Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. We challenge inflated or unsupported property valuations, which can dramatically reduce the charges you face.

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

A theft conviction does not have to define you for life. 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. To be eligible, the defendant generally must have: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have spent time in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).

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

When you work with a theft lawyer to clear your record, you can look forward to the following perks: Of note, an expunged conviction generally does not need to be disclosed on private employment applications under state law. That said, there are still some restrictions in the expungement process — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is for the record to be totally inaccessible, 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. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

• PC § 1203.4: Charges dismissed after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
• PC § 851.91: Arrest record sealing where no conviction resulted
• SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
• Limitations: Still restricted from owning guns, and the police can still review these records

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Common Theft Crimes Questions in Santa Monica, CA

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


The primary distinction is the value of the property allegedly taken. 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. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.

Is it possible to expunge a theft conviction in California?


In many cases, yes. For probation sentences, expungement is often offered conditionally upon your completion. If you want to leave the past behind and move on with your life, this can be a major step forward. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to explore this as an option for your case and walk you through the process if so.

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


You will usually face misdemeanor charges for a first offense, as long as the amount alleged stolen is less than $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 sincerely didn't know 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 lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.

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


Very serious. In Santa Monica, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have a criminal record, you could be up against increased sentences. Call one of our theft crimes lawyers right away 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. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.

Will I go to jail for a theft charge?


Not necessarily. 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 review what options exist in your case.

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


Unfortunately, yes. In California, you can be convicted of burglary for trespassing for the purposes of committing theft or a felony. Whether you stole something or not is irrelevant — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and challenging how it's proven — is central to burglary defense.

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Facing a Theft Charge in Santa Monica, CA? Call Our Firm to Defend Your Freedom.

Every theft allegation is a big deal. Our lawyers are equipped 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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