Theft Lawyer Burbank, CA. Accusations. Arrests. Criminal charges. If you're facing theft allegations, the system can move against you extremely fast. On your own, it can feel impossible to win.
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 lawyers have what it takes to guard your freedom against the prosecution. With a Burbank, CA, theft crimes lawyer from our team on your case, you'll have someone by your side from day one until you get justice.
Discuss your case with an attorney today at (800) 755-5174 or connect with us online for a free, confidential consultation. Waiting too long to reach out can cost you everything.
The Importance of a Theft Lawyer in Burbank, CA
Theft crime accusations are always a big deal, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to navigate a intricate legal system and potentially set yourself up for the below consequences:
- Prison Sentence: Burbank, CA, theft convictions can send you to prison, for years in some cases.
- Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
- Loss of Employmnet: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Damaged Character: Even if you make it past everything else, the reputation as a "criminal" can stick with you.
- And more.
A Burbank, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley . Look at what makes us the right attorneys for the job:
Top Qualities of Our Burbank, CA Theft Defense Attorneys
Not every criminal defense firm is created equal. Here's what you get when you call us — and why it matters for your theft case:
- Defenses Built for Trial — No matter what the charge is, we prepare as if for a trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
- Expungement Services — We don't leave you behind after the verdict. Don't let an arrest or criminal record hold you back — speak with one of our Burbank, CA, criminal defense attorneys to discuss expungement options.
- Superb Reputation – well-respected amongst both clients and peers.
- Ready for Your Call Right Away — Our team is available whenever you need us most. 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.
- Completely 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 Burbank, CA
Use the links below to jump directly to a full breakdown of the law, consequences, and how we defend it.
Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes
Theft Cases We Fight in Burbank, CA
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
In Burbank, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without permission. The distinguishing factor is how much value was allegedly stolen: For anything $950 or less, the classification will generally be petty theft, while any more will typically be grand theft.
Fighting petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). However, fighting grand theft charges normally is a greater challenge, because it is more likely to be a felony. Whichever type of charge you're facing, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Here's a breakdown of what distinguishes petty and grand theft:
| Theft Accusation | Petty Theft | Grand Theft |
|---|---|---|
| Stolen Property Value | $950 or Less | More than $950 |
| Charge Type? | Often Misdemeanor | Misdemeanor or Felony |
| Misdemeanor Penalties | Up to six months in jail, and up to $1,000 in fines | Up to one year in jail, and up to $1,000 in fines |
| Felony Penalties | Up to three years in prison, and up to $10,000 in fines | Up to three years in prison, and up to $10,000 in fines |
Shoplifting — Proposition 47 / Penal Code § 459.5
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. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Regardless of what level of charge you're facing, a local Burbank, CA theft crimes lawyer can help protect you from the worst 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 Burbank, CA.
Shoplifting Potential Penalties:
- Jail Time: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Defensive strategies consist of: Lack of intent to steal, mistake of fact, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.
Petty Theft with a Prior — California Penal Code § 666
Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. Not every prior offense in Burbank, 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.
To charge PC § 666, the state must establish: (1) the accused committed petty theft; and (2) the suspect has at least one prior conviction for theft, robbery, carjacking, burglary, or a similar qualifying offense — 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
- Qualifying Priors: Prior theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Fight in Burbank, CA
We will fight against all sorts of vehicle theft crimes in Burbank, CA. The first one that probably comes to mind is grand theft auto, but that's actually not a law of its own. Grand theft auto comes from a section of California's 'grand theft' law, which addresses theft of a vehicle, subject to Penal Code § 490.2 and proof of value; a vehicle worth $950 or less is not automatically grand theft.
If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, in Burbank, CA, grand theft auto is normally charged as a felony, while joyriding is normally a misdemeanor.
You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". In the same vein as receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. A possession investigation must be distinguished from conviction: the charged act and knowledge that the vehicle was stolen require proof; ownership alone is not enough.
When you contact our law firm, you'll get a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Reach out now to start protecting your freedom.
Grand Theft Auto — California Penal Code § 487(d)(1)
Grand theft auto is not a standalone California crime — all automobile thefts fall under the umbrella of "grand theft" in the state. A vehicle's working condition can matter to value, and Penal Code § 490.2 can make theft of an automobile worth $950 or less petty theft.
Grand theft auto and joyriding have a close relationship in Burbank, 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 Burbank, CA)
- Felony Prison Sentence: 16 months, 2 years, or 3 years
- Misdemeanor Jail Sentence: Up to 1 year
- Fines: Up to $10,000
Vehicle Theft — California Vehicle Code § 10851
Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. Unlike grand theft auto, this statute does not require intent to deprive the owner permanently or for so extended a period that the owner loses a major portion of the property's value or enjoyment. If you deprive someone of their vehicle with any intentions, this law applies.
This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.
Joyriding — California Vehicle Code § 10851
Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. 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 Burbank, CA. However, prior criminal history or aggravating circumstances can push it to a felony.
| Joyriding | Grand Theft Auto | |
|---|---|---|
| Key Distinction | Return the vehicle afterwards | Keep the vehicle forever |
| Usual Charge | Misdemeanor | Felony |
| Misdemeanor Jail | Up 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. 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.
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
It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have or are storing a vehicle that you knew or should have known was stolen, PC § 496d still applies, regardless of your involvement in its theft.
We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The state must prove you had knowledge the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.
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 Burbank, CA
White collar crimes in Burbank, CA, can look very different from each other, but each of them share a common trait: taking advantage of one's position within an organization to benefit oneself, illegally.
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 an attempt to hide illegal money as legal income. For example, if someone made money from a drug deal, then pretended to have another person pay them for a job, that would be money laundering. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.
Not all white-collar crimes involve financial exchanges, though (at least not directly). Forgery can be as simple as signing another person's signature without permission, and identity theft involves stealing another person's personal information. You can face either of these charges without having taken money from the alleged victim.
Embezzlement, Money Laundering, Bribery & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Burbank, CA, but you'd be wrong. The punishments can be dire — incarceration, massive fines, major career setbacks, and long-lasting reputational damage. 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 — Synopsis
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. What unites these offenses is the element of deceit, breach of trust, or abuse of a position for personal gain. It's common for white collar crime cases in Burbank, CA, to require specialized experts on both the prosecution and defensive sides.
These charges can seemingly come out of nowhere, as state investigators will take months to years to build a case before filing charges. Call us now if you have any reason to believe the police are looking into you. The sooner you bring in your legal defense, the better chance you have of a positive outcome.
Embezzlement — California Penal Code § 503
Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing lawful access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.
Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
Potential Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Large Amounts: Enhanced sentences up to 10+ years
- Additional: Full restitution, loss of professional licenses
Money Laundering — California Penal Code § 186.10
Money laundering involves taking money gained from a different crime and disguising it as being honestly earned. It typically consists of three steps: placement (bringing the illegally-obtained money into the economy), layering (disguising the trail through complex transactions), and integration (making the funds appear legitimate).
California's money laundering statute specifically targets financial actions of more than $5,000 conducted with knowledge that the money was obtained through criminal activity. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.
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
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of elected officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Burbank, CA, theft crimes lawyer is essential to protect you from the prosecution.
Who can face bribery charges? Whether you offered or accepted a bribe, you can be charged in Burbank, 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
Burbank, 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. California's forgery statute is broad and covers bills, receipts, contracts, deeds, wills, court orders, prescriptions, lottery tickets, and many other types of written instruments.
Who can face forgery charges? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, combined with the act of creating or using the forged document, is enough to be convicted.
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
You can face identity theft allegations in Burbank, CA if you use someone else's personal information without permission for any unlawful purpose, such as obtaining credit, property, services, or medical information.
Crucially: No financial loss to the victim has to occur for a conviction. Simply taking and using someone's information without authorization is enough to trigger criminal charges under California statute § 530.5. This makes it critical to hire an expert theft crimes lawyer regardless of the details of your case.
Burbank, CA, identity theft allegations are very serious, and frequently result in federal charges for more serious, widespread, or online cases.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Defend in Burbank, CA
Fraud is a frequent white collar crime charge in Burbank, CA, and can be divided into smaller categories of its own. Generally speaking, a person who commits theft by lying about something so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is a basic type of this crime.
Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. As an example, a person who intentionally burns down their house then tells the insurance company that it was an accident can be charged with insurance fraud.
This is not unlike welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another popular form is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.
An expert theft crimes lawyer in Burbank, 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.
Different Kinds of Fraud, False Pretenses & Financial Deception
There are many types of fraud allegations in Burbank, CA — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when one person intentionally deceives another through false statements or misrepresentations, 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: Selling a product that doesn't exist; pretending to be a tech support assistant; creating fake invoices; lying about the condition of goods sold.
The charge level (misdemeanor vs. felony) 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
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. Insurance fraud charges are always a big deal, and are often felonies in Burbank, CA. An expert theft crimes lawyer will fight the allegations and analyze all the evidence to help you find the best outcome possible
Frequent forms include: Claiming existing auto damage is newly occuring; filing claims for injuries that didn't occur; 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 twice what was defrauded
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: Career and job restrictions/penalties
Credit Card Fraud — California Penal Code § 484e–484j
Credit card fraud charges in Burbank, CA, go beyond credit cards and involve the misuse of financial account access information. This includes using someone else's card without permission, using a fake card or one acquired by theft, charging to an account when you don't have the card, or fraudulently acquiring or selling card account information.
What to know about federal charges: You are likely to face both federal and state charges, especially when accounts are used across state lines or some part of the alleged crime occurred online. Federal penalties are significantly more severe, and our team of theft crime lawyers has experience handling both state and federal fraud cases.
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
A person commits welfare fraud if they lie about or misrepresent themselves in order to get access to benefits from the government, such as food stamps or medical benefits.
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.
Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. Your leading Burbank, CA, theft crimes lawyer can push back against the prosecution's case and boost your chances of a positive outcome.
Possible Penalties:
- Under $950 (typically): Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- Repayment: Full restitution to the government
Additional: Lose your right to receive benefits in the future
Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550
Hospice fraud accusations in Burbank, CA, are very serious. They are often applied to healthcare practitioners who create fake requests for payment or prescribe unneeded treatments related to hospice. To be eligible forMedicare hospice benefits, a patient must have a terminal prognosis of six months or less to live if nothing drastic changes in their health condition — a threshold that fraudulent providers routinely falsify.
Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. Burbank, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.
Critical Note: Hospice fraud investigations frequently involve parallel criminal and civil proceedings. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. 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 Burbank, 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. Because Medicare billing data is centrally maintained, federal agents can identify statistical anomalies and billing patterns across thousands of claims — meaning investigations often begin long before a provider is aware they are being scrutinized.
Warning: The Anti-Kickback Statute (42 U.S.C. § 1320a-7b) makes it a federal crime to offer, pay, solicit, or receive anything of value to induce referrals of Medicare-covered services. Violations can arise even when the underlying medical service was legitimately provided. Providers and referrers are both at risk of prosecution under these circumstances.
Possible 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. 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 situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Health care fraud cases in Burbank, CA, are frequently complex, involving large volumes of billing records, expert testimony from medical billing specialists, and coordination between state and federal agencies. Doctors, billing organizations, office managers, and clerical staff have all been accused of this violation at various points in time.
Potential Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and home health aide services. In order to be eligible for Medicare reimbursement, the care recipient must be homebound and require specialized 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. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Burbank, CA. 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. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — 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 Fight in Burbank, CA
There is often a crossover between theft and violent crime charges in Burbank, CA. This can occur if you're charged with robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, the alleged theft occurred away from the alleged victim. Carjacking is to grand theft auto what robbery is to burglary.
That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.
Extortion relies more on threats than actual violence to commit a theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The threats don't always have to consist of physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if 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
If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. These charges are always felonies and often carry strike designations. Immediate Burbank, CA, legal counsel is non-negotiable.
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. All robbery charges in California are felonies.
Your robbery charge in Burbank, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.
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
If it's alleged that you threatened someone in order to make them give you money or favors, you are likely facing extortion charges. 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 damage someone's storefront unless they pay "protection money;" threatening to harm someone's reputation unless granted a professional favor.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Burbank, CA
Burglary technically isn't always a theft crime, but it is closely related. California burglary focuses on entry into a covered place with intent at entry to commit theft or a felony; lack of permission is not a universal element. Ordinarily, this is a building, like a retail store (which would make it commercial burglary), but not always. For example, if you supposedly smashed a car window to take something from the glovebox, that would fall under burglary of a vehicle.
Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Due to this, what you were allegedly planning to do in a location can be just as important as how you got access to it.
Burglary Related Charges
Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. 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. Today, shoplifting is no longer a subset of burglary offenses in Burbank, CA, and faces more lenient penalties if convicted.
Vandalism also shares many qualities with burglary. 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 common to face burglary and vandalism charges together in Burbank, CA, doubling the importance of working with an experienced theft crimes lawyer to defend you.
Lastly, there is a theft charge you can be accused of in Burbank, CA, even if you didn't steal something. 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
Burbank, CA burglary charges can be wildly different from one another, and may not even involve theft — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.
Residential Burglary (First Degree) — California Penal Code § 459
In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place for the purpose of committing a theft or any felony inside. This means that you can be found guilty even without actually committing theft. The intent at the moment of entry is the key to burglary charges.
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 Burbank, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle
Potential Penalties:
- Prison 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.
Your theft crimes lawyer in Burbank, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.
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
Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. The details of this charge are different from case to case, because burglary of a vehicle could either be charged as a felony or a misdemeanor.
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
At the intersection of burglary and violent crimes are home invasion charges. Burbank, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.
Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — each requiring a separately supported count or allegation; any sentence depends on the actual complaint and governing law. If you are fighting home invasion charges, you need defense attorneys that can give you top-quality service, and you need them now.
Possible Penalties:
- Burglary Base: 2, 4, or 6 years
- Robbery Add-On: Additional 2–5 years
- Weapon Enhancement: Additional 3–10 years
- Three Strikes: Yes — multiple strikes possible
Property & Related Offenses
Receiving Stolen Property, Vandalism & Trespassing
While not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. Understanding how they interact is critical to building an effective defense.
Receiving Stolen Property — California Penal Code § 496
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. This knowledge element is often where we can mount an effective defense. Buying items that are cheaply listed, without knowing their full history, or from unknown sellers, does not make you guilty.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Vandalism — California Penal Code § 594
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.
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
- 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.
On its own, trespassing is most often charged as a misdemeanor or infraction. However, Burbank, CA, prosecutors can also use it as a part of a case for more serious charges. Defenses often hinge on whether permission was given or reasonably believed to exist.
Perjury — California Penal Code § 118
Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.
Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.
Possible 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. Because of this stealing even a nearly worthless firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.
Federal firearms theft charges may also apply. The potential dual nature of these charges multiplies the complexity. And it's even more important to find an attorney who is able to protect you from even the toughest opponents.
Potential Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). Financial elder abuse (also known as theft from an elder) occurs when someone takes, conceals, appropriates, obtains, or retains money or property from an elder by undue influence, fraud, or other wrongful conduct.
The prosecution in Burbank, 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. In addition to the legal penalties, you could also face a civil suit, and Adult Protective Services involvement only makes things more complex.
Examples: Lenders pressuring the elderly to take bad loans; family member doesn't provide an agreed upon level of care; fake contractor promises work but never completes it; phising emails that impersonate loved ones.
Possible Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Looting charges arise when theft or burglary occurs during a state of emergency, local emergency, evacuation order, or major disaster. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.
In Burbank, CA — a city prone to wildfires, earthquakes, and civil unrest events — looting charges have been prosecuted with particular vigor. Looting is considered a way of taking advantage of Burbank while it's at its most vulnerable, and judges are never pleased by this. 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
Trying to steal something and failing is still a crime in Burbank, CA. Attempted theft, burglary, or robbery in California needs to include: (1) the desire to break the law, and (2) some form of action that furthers the criminal ends — even if the attempt failed or was interrupted.
Under most circumstances, in California, an attempt sentence depends on Penal Code § 664, the target offense and any applicable exception or enhancement. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary requires its own degree and sentencing review under Penal Code § 664 and the charged circumstances. 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. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
No matter what you've been accused of, when you call the Law Offices of David S. Chesley, you can connect with an expert theft crimes lawyer in Burbank, CA, who will help you break down and navigate the charges. Together, we will defend your rights and your freedom.
What to Do if You're Accused of Theft
Being charged with theft can be intimidating. The Burbank, CA, government is after you, you could be facing major legal consequences, and the collateral consequences could be devastating. When you're alone, the odds can seem insurmountable.
But you're not alone. You have the Law Offices of David S. Chesley on your side. With one of our Burbank, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. If you're up against theft crime accusations, here are our recommendations:
1. Comply With the Police
Mistakes here can hurt your case. If you're 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
There's a chance you'll be interviewed or interrogated – stay 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 you say something untruthful, you can be accused of perjury.
3. Reach Out to a Burbank, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. Be sure to contact a theft crimes lawyer with one of your calls. Acting fast is important to protect your freedom. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.
4. Secure Bail for Release
In most cases, you'll need to go through a bail hearing. Our firm's theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.
5. Work With Your Attorney to Build Your Defense
This is perhaps the most important step: building a defense against the charges. A skillful theft crimes lawyer in Burbank, CA, will hear your side of the story, negotiate with the state, and fight for charges to be dismissed whenever possible.
How Our Theft Lawyers Fight Against These Charges
As expert theft crime attorneys, we know that each case's defense strategy must be oriented to the specific facts, circumstances, and accusations. Here are the major defense approaches our attorneys use to fight theft charges in Burbank, 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.
The claim of right defense applies when a defendant genuinely believed — even mistakenly — that they had a legal right to the property they took. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. Similar defenses include: mistake of fact (the accused took the wrong item believing it to be their own); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (joyriding is a good example of this: it comes into play when a person took property away from its owner, but planned to return it).
Key principle: This is a major hurdle for the prosecution in any theft case. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, particularly in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.
Defense Application:
- Grand Theft: Negates specific intent to deprive permanently or for so extended a period that the owner loses a major portion of the property's value or enjoyment
- 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
If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If searches violated constitutional requirements, the evidence can be suppressed and the district attorney may not be able to move forward with your case.
Common suppression issues in theft and property crime cases include: searches conducted without either a warrant or just cause; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search at the time of the arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that exceeded the limits of a legitimate 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.
If this applies to your case, it can be a major win for your defense. Even partial suppression — if the court allows some evidence but not all of it — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Burbank, 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, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded
False Accusation / Misidentification
Innocent people are charged with theft crimes more often than the public realizes. False accusations can arise from personal disputes, cases of mistaken identity, misunderstandings about ownership, errors in surveillance footage interpretation, or false accusations coming from a person who wants to cause you harm. Being wrongly accused does not mean the charges will not proceed — without a strong defensive strategy, you're gambling with your freedom.
One of the ways that innocent people are commonly accused in Burbank, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, in scenarios of poor visibility, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. 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: establishing an alibi with corroborating witnesses, records, or surveillance footage; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); attacking the character of alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and challenging inconsistencies between different statements and testimony between witnesses.
If you are facing false allegations: Stay away from 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 state must prove you knew the property was stolen. We challenge this element aggressively — many people unknowingly purchase stolen goods with no way to verify their origin.
Consent / Permission — Consent is the defining feature behind many theft charges; if you didn't have permission to use take an item, you could be found guilty. 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.
Constitutional 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 — Especially for offenders with no prior offenses, California offers diversion programs that can keep you out of prison by participating. We identify every diversion opportunity available in your specific case.
Contesting the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: 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 — in a newly added requirement — in many cases, must not have served 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, expungement does not seal a criminal record from all access — it doesn't allow gun ownership, does not prevent the conviction from being used in subsequent criminal proceedings, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) provides additional expungement assistance for individuals in Burbank, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Critical Note: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is the total removal of the record, 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. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.
Relief Options:
- PC § 1203.4: Charges dismissed after successful probation completion
- PC § 1203.4a: Relief for misdemeanors without probation (available 1 year after the conviction)
- PC § 851.91: Arrest record sealing where no conviction resulted
- SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
- Limitations: Still restricted from owning guns, and the police can still review these records
Burbank, CA, Theft Crimes Frequently Asked Questions
Is there a difference between petty theft and grand theft in Burbank, California?
The classification generally depends on the statutory property category, value and any applicable aggregation or prior provision. Ordinary property valued at $950 or less is often petty theft under § 490.2, but a firearm is expressly excepted, and § 490.3 allows qualifying multiple acts to be aggregated. The prosecutor must prove the facts supporting a grand-theft theory; the word “grand” in a police summary is not that proof. Compare the actual item, condition, market evidence and dates. An automobile should not be placed automatically outside the $950 rule. Counsel can also check whether the state alleged a prior or a distinct offense that changes the analysis.
Grand theft may be charged as a misdemeanor or felony under the applicable statute and circumstances; do not assume one level from a price tag alone.
Is it possible to expunge a theft conviction in California?
The answer depends on the disposition and the particular relief requested. A pending charge cannot be treated as a completed conviction eligible for post-conviction dismissal. Some completed cases may qualify for relief under § 1203.4 or another statute, but California Courts cautions that there is no true expungement that simply erases the criminal record. Courts, agencies and certain licensing processes may still be able to see information after relief. Bring the full docket and any probation or prior-relief papers to a consultation. Ask exactly what the proposed order changes, what it does not change and whether another route, such as sealing, is available.
The firm can review the docket and available record-cleaning options, including the actual disclosure limits of a proposed order.
What happens if I'm charged with shoplifting for the first time in Burbank, CA?
There is no one automatic path. Police may cite or arrest, a prosecutor may file or decline a count, and a store may send a separate civil demand or ban notice. If a charge is filed, the precise statute, alleged value, prior history and local program rules matter; a first allegation does not guarantee diversion or dismissal. Keep the citation, store notice, item and receipt information and complete video reference. Check the latest court notice for a date even if an online search looks empty. A lawyer can assess the entry-intent issue under § 459.5, any larceny theory, and what programs are actually available without promising an outcome.
An available program may involve community service, education or other conditions, but terms and eligibility have to be confirmed for the actual case.
I didn't know the property was stolen. Can I still be convicted?
Knowledge is a key issue for a receiving-stolen-property accusation under § 496, but counsel must read the exact charge and evidence. The state may try to infer knowledge from circumstances such as a sale price, altered identifier or seller account; those facts should be evaluated together, not in isolation. A receipt, seller profile, ordinary price and messages may support an innocent-purchase account. If the person is instead charged with initially stealing the item, a different set of elements applies. Preserve the entire transaction record and let counsel compare it with the original theft report and the timing of possession.
How serious is a grand theft auto charge in Burbank, CA?
It can be serious, but the actual exposure cannot be derived from the phrase alone. First check whether the complaint alleges grand theft, Vehicle Code § 10851, possession of a stolen vehicle, carjacking or another count. Then assess value, permission, intent, alleged participants and any separately pleaded prior or enhancement. Under current § 490.2 and CALCRIM No. 1801, an automobile is not automatically grand theft at any price; a firearm has different treatment. Keep title, condition, key, rental and communication records. Counsel can explain the charged path and next hearing rather than a generic penalty chart.
What is a "wobbler" offense in California?
A “wobbler” is an offense that may be prosecuted as a felony or misdemeanor under the applicable statute and case circumstances. It is not a guarantee that the prosecutor will choose a misdemeanor, that the court will later reduce it or that a first-time defendant will avoid custody. The exact statute, property value, prior record and disposition matter. Ask which level appears on the filed complaint now and what steps or evidence could lawfully affect that classification. A website's generalized label should never substitute for reading the actual count and current law.
Grand theft, some commercial-burglary counts, receiving stolen property and some forgery counts are examples to check under the charged statute; the label alone does not set the filing level.
Will I go to jail for a theft charge?
No responsible answer can promise either custody or no custody without the charge, history, court stage and case facts. A citation, investigation, filed misdemeanor and felony allegation carry different immediate procedures. Bail or release conditions are also distinct from the final sentence. Ask counsel about the next hearing, any warrant or hold, potential alternatives actually available, and collateral issues such as employment or professional licensing. Bring current court notices and obey their instructions. Do not rely on a generic chart, a reported “first offense” or a proposed restitution payment as a guaranteed result.
Possible alternatives in an eligible case may include diversion, probation, community service or fines; none follows automatically from a first accusation.
Can I be charged with burglary if I didn't steal anything?
Yes, the absence of a completed theft does not automatically defeat a burglary allegation. § 459 and CALCRIM No. 1700 focus on the entry and the relevant intent at that time. The prosecution still must establish the elements of the charged burglary; mere presence, a broken door or a later argument is not the same as proof of intent to steal or commit the charged felony at entry. Keep the appointment, permission, access, camera and route evidence that may explain why the person entered. Shoplifting under § 459.5 and attempted burglary are distinct questions that deserve separate review.
Looking for a Burbank, CA, Theft Lawyer? Contact Our Team to Protect Your Rights.
You need a theft crimes lawyer to protect you. It's not about innocence or guilt — it's about getting help navigating the Burbank, CA, legal system. The Law Offices of David S. Chesley is ready to defend you — whenver you need help. Call now for a no-obligation consult on your case.
(800) 755-5174 | Contact Form
Available 24/7 · All Charges · All Burbank, CA, Courts · Free & Confidential
We also offer the below legal services in Burbank, CA:
Current California theft-law questions to check against the filed charge
A police report may list possible offenses before a prosecutor decides what to file. The citation, later complaint and latest court notice can therefore use different wording or numbers. Keep each document and its date. A blank online search does not cancel an appearance printed on a notice. Counsel can compare the exact count and subdivision with the property, alleged act and mental state the prosecution must prove.
The ordinary $950 value line needs case-specific review. Penal Code § 490.2 can change a grand-theft classification for property worth $950 or less; a firearm is expressly excepted, but an automobile is not automatically exempt. Section 490.3 permits qualifying theft or shoplifting acts to be aggregated. Section 666.1 addresses a current petty-theft or shoplifting conviction with two or more specified prior convictions. These rules do not prove a particular value, prior or course of conduct; the complaint and records must support each allegation.
Preserve the full video and transaction sequence when lawfully available, not just a still frame or checkout total. Note who controls store, vehicle, employer or platform records that may be overwritten, and ask counsel about a timely preservation or discovery request. Public access to a police report is different from criminal discovery. If a store sends a civil demand or no-entry notice, keep it separately from the criminal paperwork. Payment, a returned item or a private agreement does not by itself decide a filed prosecution.
Make a short chronology that separates what you personally saw from what someone else later reported. Identify any genuinely disputed permission, ownership or repayment arrangement and the records that existed before the accusation. Do not alter a message thread, access another person’s account or ask a witness to revise an account. These details can help counsel test identity, value and intent while protecting evidence that may otherwise be lost. Check the next court date and any signed release or stay-away terms before relying on an informal statement from a store or witness.













































