Theft Lawyer Pasadena, CA. Accusations. Arrests. Criminal charges. You might even be facing multiple theft charges at once. It can seem like there's no way out.
Even when everything else seems to be going wrong, there is an option who will fight for you: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a Pasadena, CA, theft crimes lawyer from our team building your defense, every legal avenue will be explored to protect your rights.
Speak with a theft crimes attorney today at (800) 755-5174 or connect with us online for a free, confidential consultation. It's easy to get started, and acting fast can mean everything.
Why You Need a Leading Pasadena, CA, Theft Defense Lawyer
Theft charges need to be treated seriously, whether they are felonies or misdemeanors. If you don't have an attorney, you're stuck trying to figure out a convoluted legal code and potentially set yourself up for the below consequences:
- Jail Sentence: Jail time is a common consequence for theft in Pasadena, CA.
- Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
- Career Setbacks: Extended stints in jail can prevent you from doing your job, and cause you to lose it.
- Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
- And more.
If you want to avoid all of this, you need a distinguished Pasadena, CA, theft crimes lawyer. You need the Law Offices of David S. Chesley. Look at what makes us the right attorneys for the job:
Why You Should Hire Our Pasadena, CA Theft Defense Lawyers
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:
- Prepared to Fight Your Case at Trial — No matter what the charge is, we prepare as if for a trial. This posture often produces better plea negotiations and dismissals — because the prosecution knows we're not bluffing.
- Record Expungement Services — Our representation doesn't end at the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
- Terrific Reputation – We deliver results, and are known for doing so.
- Available 24/7 — Our team is available whenever you need us most. If you need help or an update, you can get a hold of us, whenever it is.
- 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.
Theft Charges We Defend in Pasadena, CA
Use the links below to jump directly to a full explanation 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 Pasadena, CA
We cover all of the following types of charges and more:
Petty Theft Charges vs Grand Theft Charges
While there are many different theft case types in Pasadena, CA, odds are high you're facing one of these two: Petty theft and grand theft. Both consist of taking another person's property when you weren't allowed to. The main difference is how much value was allegedly stolen: If it was $950 or less, the classification will typically be petty theft, while higher values will normally be grand theft.
Defending petty theft charges often lead to more positive outcomes, in part because they are often misdemeanors. On the other hand, defending grand theft charges pose a greater obstacle, because they are frequently charged as felonies. Regardless of what you're up against, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.
Below, we've written a table to summarize the differences between petty theft and grand theft:
| Theft Charges | Petty Theft | Grand Theft |
|---|---|---|
| Value Taken | $950 or Less | More than $950 |
| Charge Type? | Usually 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
Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. A person commits shoplifting when they go into an open store in order to steal $950 or less worth of goods.
In the past, because shoplifting fell under burglary, it was more likely to be charged as a felony. Since Proposition 47, most shoplifting charges are misdemeanors. That said, repeat offenders, organized retail theft, or amounts over $950 can still result in felony charges. Whether you're up against a felony or misdemeanor charge, a local Pasadena, 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 Pasadena, CA.
Shoplifting Possible Penalties:
- Misdemeanor Jail: Up to 6 months
- Fines: Up to $1,000
- Civil Demand: Retailers may send civil demand letters
- Other: Probation, banned from store
Potential defenses consist of: Lack of intent to steal, wrong identity, 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
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. Not every prior offense in Pasadena, 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 defendant engaged in petty theft; and (2) the accused has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. 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: Previous theft, burglary, robbery, or carjacking convictions
Vehicle Theft Charges We Defend in Pasadena, CA
There are several vehicle theft charges we defend in Pasadena, CA. An example that many people ask about is grand theft auto, but that's technically not a unique charge. Grand theft auto is a smaller part of the state'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 the defendant did intend to return it, they're more likely to be charged with joyriding. While each of these vehicle crimes are 'wobbler' offenses, in Pasadena, 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 can be convicted even if you didn't take an active part in the theft. Just owning or keeping the car or truck is enough for a conviction.
When you work with us, you'll partner with a vehicle theft crimes lawyer who has the experience necessary to combat these charges and dissect the state's case. Call today to start defending your rights.
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 low-value automobile is not automatically grand theft; its actual value and the charged statute matter.
The critical element prosecutors must prove is that you intended to deprive the owner of the vehicle permanently or for so extended a period that the owner loses a major portion of its value or enjoyment. If you intended to return it, the charge is more likely joyriding (see below).
Possible Penalties:
- Charge Type: Wobbler (usually felony in Pasadena, 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 — sometimes called "joyriding" broadly — is often charged alongside or instead 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.
Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.
Joyriding — California Vehicle Code § 10851
Joyriding charges focus on intent. If you allegedly drove a car without permission, but brought it back afterwards, that would be joyriding. But if you did the same thing and planned to keep the vehicle, that would be grand theft. 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 Pasadena, CA. That said, 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
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 of the violent element, carjacking is always a felony and is often ineligible for probation.
The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.
Possible Penalties:
- Prison: 3, 5, or 9 years in state prison
- Enhancements: Additional years for weapon use or injury
- Three Strikes: Yes — counts as a strike offense
- Fines: Up to $10,000
Possession of a Stolen Vehicle — California Penal Code § 496d
Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you are in possession of a car that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.
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 — 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 Fight in Pasadena, CA
White collar crimes in Pasadena, CA, can be any one of a variety of charges, but they all share one thing in common: taking advantage of one's position within an organization to benefit oneself, illegally.
Most white collar crimes are defined by how money is transferred. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery occurs when someone gives another person a gift in order to receive a favor, in a way that violates laws or regulations.
Not all white-collar crimes are centered around the exchange of money, though (at least not directly). Forgery is when someone creates a fake document with intentions to use it in a future theft, and identity theft is the taking of someone's personal information. Note that no financial theft has to occur for a person to be charged with either of these.
Forgery, Money Laundering, Fraud & More
It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Pasadena, CA, but you'd be wrong. The punishments can be dire — years in prison, financial penalties, professional license revocation, and permanent reputational damage. These cases require attorneys with deep financial and legal sophistication.
White Collar Crimes — Overview
The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a professional for personal benefit. It's common for white collar crime cases in Pasadena, 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. 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. In some cases, we can intervene early and prevent charges from even being filed.
Embezzlement — California Penal Code § 503
Embezzlement is different from other forms of theft. For an embezzlement charge, the alleged offender would have lawful access to the property, just not for personal use. The main feature is the pre-existing lawful access — embezzlers have legitimate control over the money or property they steal.
Common contexts: A company credit card holder using it for personal purchases; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a non-profit director misusing donated funds.
Possible Penalties:
- Under $950: Misdemeanor — up to 6 months jail
- Over $950: Felony — up to 3 years prison
- High Amounts: Enhanced sentences up to 10+ years
- Additional: Financial recompensation, 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 (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 law aims at financial actions of more than $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, carrying sentences up to 20 years.
Possible Penalties (State):
- Prison: 16 months, 2 years, or 3 years
- Fines: Up to $250,000 or twice the amount laundered
- Federal Add-On: Up to 20 years federal prison
Bribery — California Penal Code § 67–68 / § 92
You can face bribery charges for offering, giving, receiving, or soliciting something of value in exchange for influencing the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, legislators, business executives, witnesses, and even private commercial bribery. Regardless of what form of bribery you've been accused of, a Pasadena, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.
What if they didn't accept the bribe? Whether you offered or accepted a bribe, you could face charges in Pasadena, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.
Potential Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
- Public Officials: Permanent disqualification from office
- Federal: Up to 15 years (if federal officials involved)
Forgery — California Penal Code § 470
Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers bills, money orders, stock certificates, deeds, wills, warrants, notary public symbols, identification documents, and many other types of written instruments.
What if I didn't steal anything with it? Whether or not you allegedly did something with the forgery is irrelevant. The intent to defraud, in addition to the creation or use of the false item, is enough for a conviction.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
Identity Theft — California Penal Code § 530.5
In Pasadena, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, including obtaining credit, goods, services, or medical information.
Important factor: No financial loss to the victim has to occur for a conviction. Just taking and using another person's information without a legal reason is enough to violate California statute § 530.5. Because of this, you need to hire an expert theft crimes lawyer whatever the details of your situation.
Identity theft accusations are aggressively prosecuted in Pasadena, CA, and frequently result in federal charges if the internet was involved, or the supposed victim and alleged offender were in different states.
Potential Penalties:
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Per Victim: Charges can stack — one count per victim
- Federal: Up to 15–30 years (aggravated cases)
Fraud Charges We Fight in Pasadena, CA
Fraud is a frequent white collar crime charge in Pasadena, CA, and can be divided into smaller categories of its own. Broadly speaking, someone who commits theft by lying about something so that another person gives away their money voluntarily can be charged with fraud. Theft by false pretenses is a basic type of this crime.
Insurance fraud is one of the most common types of fraud. It involves lying on an insurance claim to increase their benefit. For example, if someone were to hide their valuable property and claim it was stollen, that person commits insurance fraud.
This is not unlike welfare fraud, where a person lies about their current circumstances to receive extra assistance from the government. An example of this would be pretending that one's income is lower than it actually is in order to receive food stamps.
Another popular form is credit card fraud. This 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. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.
An expert theft crimes lawyer in Pasadena, 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 Pasadena, CA, for a wide variety of actions — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.
Theft by False Pretenses / Fraud — California Penal Code § 532
Theft by false pretenses — the foundational fraud offense — occurs when a 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; pitching investments based on false information; lying about the condition of goods sold.
The charge level (misdemeanor vs. felony) depends on the how much was stolen — if the total value was more than $950, you are likely looking at grand theft (and possible felony) charges.
Insurance Fraud — California Penal Code § 550
Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. Insurance fraud charges are always a big deal, and are often felonies in Pasadena, CA. An experienced theft crimes lawyer will defend your freedom and consider multiple defenses to help you find the best outcome possible
Frequent forms include: Staging or exaggerating auto accidents; filing false theft reports; inflating repair cost claims; deliberately damaging your property for a payout; workers' compensation fraud; health insurance billing fraud.
Potential Penalties:
- Felony Prison Sentence: 2, 3, or 5 years
- Fines: Up to $150,000 or twice what was defrauded
- Restitution: Give the amount defrauded back to the alleged victim
- Additional: Loss of professional licenses
Credit Card Fraud — California Penal Code § 484e–484j
In Pasadena, CA, credit card fraud covers a wide range of conduct involving fraudulent use of credit or debit cards. You could be accused of using someone else's card without consent, using a fake card or one acquired by theft, using an account number without physical possession of the card, or illegally acquiring or selling card account information.
Regarding federal charges: It's common in California credit card fraud cases for there to also be federal charges, particularly when cards 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.
Potential Penalties (State):
- Charge Type: Wobbler
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Federal Prison: Up to 15 years (federal charges)
Welfare Fraud — California Welfare & Institutions Code § 10980
Welfare fraud involves making false statements or omissions to receive government assistance benefits — including CalWORKs, Medi-Cal, CalFresh (food stamps), General Relief, or other public aid programs — that you are not eligible for, or to receive more than you are entitled to.
Common examples: Failing to report income; using fake identities to collect extra benefits; using another person's EBT card; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.
These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. A Pasadena, CA, theft crimes lawyer can dissect 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 accusations in Pasadena, 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 qualify forMedicare hospice benefits, the person being treated must be predicted to pass away within half a year if the illness runs its normal course — many hospice fraud cases are the result of these predictions being inaccurate.
While it's possible for care recipients to face hospice fraud accusations, they are more commonly made against the care provider. Hospice can be a challenging situation for many people, and frustrations with the situation can turn into unjust accusations. Pasadena, 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: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware that an investigation is underway until a search warrant is executed.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
- State Charges: Up to 5 years (CA Penal Code § 550)
- Additional: Exclusion from Medicare/Medi-Cal programs; license revocation
Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Medicare fraud charges vary in scope, but all consist of attempts to defraud the government's Medicare program in one form or another. In Pasadena, CA, Medicare fraud charges are normally conducted in federal court, rather than by the local prosecutor. You need a theft lawyer who operates at a high level to protect you from these charges.
While both providers and receivers of care can be convicted of medicare fraud, it's most often providers who are accused. This is especially devastating because of its career impact: you can lose your license and be excluded from working in a healthcare program. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.
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.
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 charges are normally related to a person providing false information on an insurance form, in order to receive an undeserved payout. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.
You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically targets false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Without an expert Pasadena, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Physicians, billing companies, office workers, and clerks have all faced prosecution depending on their level of involvement.
Possible Penalties:
- Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
- If Death Results: Up to life imprisonment (federal)
- State Felony: 2, 3, or 5 years (CA PC § 550)
- Fines: Up to $250,000 (individual) or $500,000 (organization)
- Additional: Restitution, professional license consequences
Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b
Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — including skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare benefits, a patient must be homebound and require special care. Because of the particulars of the definition, these cases can vary wildly from one another.
Common schemes include: billing for visits to patients who are not homebound and do not qualify; billing for services that were never provided; falsifying physician orders and certifications to manufacture eligibility; paying illegal kickbacks to recruiters, physicians, or patient cappers for referrals; and billing therapy services at inflated frequency levels unsupported by clinical documentation. 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 Pasadena, CA. Commonly accused individuals include physical therapists, administrative workers, and physicians performing the diagnoses.
Warning: The United States' Stark Law makes it a crime for a doctor to refer a medicare patient to a home health company, if the doctor makes money from that company. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — to make matters worse, you can be convicted of violating this law even if you unintentionally broke it.
Possible Penalties:
- Federal Prison: Up to 10 years per count
- Anti-Kickback Violations: Up to 10 years per violation
- Civil FCA Liability: Treble damages plus penalties per false claim
- Administrative: Exclusion from Medicare/Medi-Cal; agency decertification
Violent Theft Charges We Fight in Pasadena, CA
Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Pasadena, 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 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. When one person commits extortion, they threaten another in order to get something from them. The alleged offender doesn't necessarily need to threaten physical violence, but the threat should be to harm the alleged victim in some form or fashion. As an example, if a person would commit extortion if she saw a man commit a crime, and threatened to turn him in if he didn't pay her.
Robbery, Extortion & Force-Related Theft
Many theft crimes we outlined above do not involve violence. For charges that do, though, it's common to see much harsher sentencing. These charges are always felonies and often carry strike designations. Your Pasadena, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.
Robbery — California Penal Code § 211
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.
The state of California divides robbery charges into two degrees:
- First-Degree Robbery: This is charged when the alleged offense took place:
- In someone's house, vehicle, or other building,
- In a taxi, or
- While the alleged victim was using an ATM
- Second-Degree Robbery: This is charged in any other circumstances
The penalties are usually worse for first-degree robbery.
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. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.
Common examples: Threatening to report someone to immigration authorities unless paid; threatening to release private photos unless money is provided; threatening to deny someone a rightful certification unless special favors are given.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years
- Fines: Up to $10,000
Burglary Charges We Fight in Pasadena, CA
Burglary charges in Pasadena, CA, are distinct from theft, but often go hand-in-hand. 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. This is commonly a structure, like a storefront (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 fall under burglary of a vehicle.
Regardless of the specifics of your burglary charges, you can almost always be charged with trespassing, too. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.
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. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Pasadena, CA (except in extreme cases).
Another related charge is vandalism. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to burglarize someone's home. It's common to face burglary and vandalism charges together in Pasadena, CA, making it all the more important to get a top quality theft crimes lawyer to fight for your freedom.
Finally, you can face theft charges in Pasadena, CA, even if you didn't steal anything yourself. What can lead to this? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.
Burglary, Home Invasion & Related Charges
California burglary law is broader than most people realize — 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. You do not have to actually steal anything. The reason that you went there is the key to burglary charges.
This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Pasadena, CA courts treat it extremely harshly because it involves violation of someone's home. Without the right theft crimes defense lawyer, you're fighting an uphill battle
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
Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.
Since Proposition 47, entering a store during business hours to steal $950 or less is shoplifting (PC 459.5), not commercial burglary. But entering after hours, or with intent to steal more than $950, is still prosecuted as commercial burglary.
Possible Penalties:
- Felony Prison: 16 months, 2 years, or 3 years
- Misdemeanor Jail: Up to 1 year
- Charge Type: Wobbler
Burglary of a Vehicle — California Penal Code § 459
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. This could be either a misdemeanor or a felony, depending on how the Pasadena, CA prosecutor interprets the circumstances.
Key distinction: The vehicle must be locked for a burglary charge to apply. 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
At the intersection of burglary and violent crimes are home invasion charges. Pasadena, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. It's even more important to hire an expert theft crimes lawyer than usual in these cases.
While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them as soon as possible.
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 not theft charges in and of themselves, vandalism, trespassing, perjury, and receiving stolen property charges are closely associated and often charged together. You need a Pasadena, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.
Receiving Stolen Property — California Penal Code § 496
You don't have to steal something to face theft-related criminal charges. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.
These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. 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
Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Pasadena, CA.
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 involves entering or remaining on another person's property without permission. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.
Without compounding charges, trespassing is normally charged as a misdemeanor or infraction. However, Pasadena, 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: Speaking to the police at all is a risk, and it's even worse if you lie to them. By keeping a theft crimes lawyer on hand, you can avoid perjury charges and build a strong defense.
Possible Penalties:
- Charge Type: Felony
- Prison: 2, 3, or 4 years state prison
Specialized & Enhanced Charges
Elder Theft, Firearm Theft, Looting & Attempted Crimes
Sometimes, two very similar theft offenses can receive very different charges. This can hinge on details such as what was allegedly stolen and/or who the alleged victim was.
Grand Theft of a Firearm — California Penal Code § 487(d)(2)
California law treats firearms very seriously, restricting their availability and usage. Regarding theft, current statutes regarding firearm theft ignore the value of the device and always make it grand theft. This means stealing even a low-value firearm will end up with 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.
To make things worse, you may also have to fight in federal court. The potential dual nature of these charges multiplies the complexity. And it's even more critical to work with an attorney with the skills to fight for you at all levels.
Possible Penalties:
- Prison: 16 months, 2 years, or 3 years
- Strike: Serious felony — potential strike offense
- Federal: Additional federal charges possible
Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30
California law provides special enhanced protections for victims aged 65 or older (and dependent adults). 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 Pasadena, CA, does not take these charges lightly and usually pursues harsh penalties. This is further exacerbated if the alleged victim is 70 or older, which can lead to increased penalties. 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.
Potential Penalties:
- Base Sentence: Same as underlying theft offense
- Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
- Enhancement (70+): Additional consecutive years for large losses
- Civil Liability: Up to 3× damages in civil court
Looting — California Penal Code § 463
Disasters can be a time of panic. If, during the confusion, someone attempts to get away with theft, they may face looting charges. California Penal Code § 463 treats looting as an aggravated form of the underlying theft or burglary offense, with mandatory enhanced penalties.
If the enhanced penalties weren't enough on their own, the Pasadena, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. These acts are viewed as particularly heinous, and penalties can be severe. Looting of a business that is closed due to a civil disturbance, or taking property from an evacuated residence, commonly triggers these charges.
Potential Penalties (Enhanced):
- Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
- Commercial Burglary → Looting: Felony — 16 months to 3 years
- Residential Burglary → Looting: Felony — 2 to 6 years
- Bail: Often denied or set very high during emergency periods
Attempted Theft, Attempted Burglary & Attempted Robbery
Even if the supposed burglary or robbery failed, attempted theft charges will still apply. An attempt requires: (1) the specific intent to commit the crime, and (2) a tangible step is taken towards breaking the law — whatever the outcome was.
Attempt punishment depends on Penal Code § 664, the target offense and any applicable exceptions or enhancements; it should not be calculated from a generic half-sentence statement. 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.
Even though they are not successful, attempted robbery and attempted burglary can still leave a strike on your criminal record. Our theft crime lawyers will fight against these charges to create reasonable doubt and position us for favorable negotiations.
No matter what you've been accused of, when you contact our firm, you can speak with an expert theft crimes lawyer in Pasadena, CA, who has the training and experience needed to find a path forward. As a team, we will craft a staunch defense against the allegations.
What to Do if You're Accused of Theft
You need to take these accusations seriously. You're up against the Pasadena, CA, prosecutor's office, the alleged victim is accusing you, and a conviction could derail your life. Trying to handle it yourself, the odds can seem insurmountable.
But you have another option. When you call the Law Offices of David S. Chesley, you get California legal representation on your case. With one of our Pasadena, CA, theft crimes lawyers on your case, you'll get honest, personalized legal advice on how to achieve the best outcome possible. To get started, use the five steps below to protect your freedom and avoid common pitfalls:
1. Obey the Arresting Officer's Instructions
While it's reasonable to feel angry about being arrested, don't resist. Be polite and respectful during the process. Resisting can only get you into more trouble.
2. Stay Calm and Stay Silent
There's a chance you'll be interviewed or interrogated – don't talk. Simply say "I decline to answer any questions and am invoking my right to an attorney." Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be charged with perjury.
3. Contact a Pasadena, CA, Theft Crimes Defense Attorney ASAP
In California, you will be given the opportunity to make three completed phone calls after being arrested. One of these should be to your theft crimes lawyer. 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
Your lawyer can help argue for your release at a bail hearing. Our theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.
5. Cooperate With Your Lawyer to Make a Personalized Defense
This is perhaps the most important step: building a defense against the charges. An expert theft crimes lawyer in Pasadena, CA, will listen to your story, negotiate for deals with the prosecution, and fight for charges to be dismissed whenever possible.
How Our Theft Lawyers Fight Against These Charges
Your case is unique — and your defense strategy must be tailored to the specific details, evidence, and charges. Below, you can read about some of the popular ways we will fight theft cases in Pasadena, CA.
Lack of Intent / Claim of Right Defense in Theft Cases
Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. 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 you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Similar defenses consist of: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (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 disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.
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
The state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In theft and burglary cases, how the evidence was obtained is just as important as what it is. If searches broke the law, the evidence can be thrown out and the prosecution may need to drop charges.
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 incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that exceeded the scope of a valid warrant. In Pasadena, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — this motion can be filed early on in your case, and has the potential to stop the state in its tracks.
When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — eliminating a single piece of highly damaging evidence — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Pasadena, CA, courts, and are a standard component of aggressive defense in all property crime cases.
Suppression Scenarios:
- Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
- Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
- Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
- Fruit of the Poisonous Tree: 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
Innocent people are charged with theft crimes more often than the public realizes. False accusations can arise from personal disagreements, witnesses mistaking the defendant for someone else, mistaken assumptions about ownership, errors in surveillance footage interpretation, 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 — aggressive and immediate defense is essential from the moment of accusation.
False accusations in Pasadena, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — particularly across racial lines, under poor lighting conditions, or when things moved too fast. Even if the witness is sure, they could be mistaken. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.
Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); attacking the character of the accuser; presenting expert testimony on the issues with eyewitness testimony; and highlighting inconsistencies between different witnesses' versions of events.
If you have been falsely accused: Do not confront witnesses, do not try to collect evidence yourself, and do not talk to the police without your theft defense lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Before speaking to the police, call the Law Offices of David S. Chesley. We're here to protect your rights and defend your innocence.
Lack of Knowledge — In some cases, the state must prove you knew the property was obtained through theft. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.
Consent / Permission — Theft requires that property be taken without the owner's consent. It's not illegal to use someone else's property if you had permission.
Rights Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.
Diversion Programs — For many offenders with no prior offenses, California offers diversion programs that can result in charges being dismissed after completing community service, restitution, or counseling. This is often a favorable outcome for our clients that we will fight to secure.
Contesting the Value of Property — The difference between petty theft and grand theft — misdemeanor vs. felony — can hinge on the dollar value of what was allegedly stolen. You shouldn't face charges that are disproportionate to the alleged act.
Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4
Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. To be eligible, the defendant generally must have: successfully completed all terms of probation, such as paying fines and restitution; not have any pending criminal charges against you; and — as a more recent restriction — in many cases, must not have been incarcerated in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).
In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.
When you work with a theft lawyer to clear your record, you can look forward to the following perks: In particular, a dismissal may change how a person answers some private-employment questions, subject to legal exceptions; the criminal record is not erased. However, there are still some restrictions in the expungement process — it does not restore firearm rights, 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 Pasadena, CA who don't break any other laws after finishing their sentence, if enough time has passed.
Critical Note: Even after typically California expungement proceedings under § 1203.4, your criminal record can still be seen by the police and certain other organizations. If your goal is the total removal of the record, restoration of firearm rights, 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: Does not restore firearm rights or remove record from law enforcement databases
Pasadena, CA, Theft Crimes Frequently Asked Questions
Is there a difference between petty theft and grand theft in Pasadena, 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.
Does California allow me to expunge my record from a theft crime?
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 should I expect from first-time shoplifting charges in Pasadena, 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 Pasadena, 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.
Need a Theft Defense Attorney in Pasadena, CA? Contact Us Right Away.
You need a theft crimes lawyer to protect you. It's not about innocence or guilt — it's about getting help navigating the Pasadena, CA, legal system. Our firm is ready to defend you — no matter when you need us. Your first consultation is completely free and confidential.
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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.













































