Theft Crimes

Marty V. Miller is dedicated to providing his clients with superior legal representation, and is committed to obtaining the best result possible.

Theft Attorney

Have you been arrested for shoplifting or another theft offense? Protect your rights by retaining the experienced criminal defense lawyers at Law Offices of Marty V. Miller. Located in Riverside and San Diego, California, we have defended hundreds of clients in criminal cases ranging from traffic crimes to murder charges. We have helped many clients who are charged with theft offenses, including shoplifting. Call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.

Theft Charges in Riverside and San Diego

In California, a person charged with theft may be charged with a misdemeanor or felony offense. Petty theft involves the theft of property valued up to $950. Grand theft involves the theft of property worth more than $950. Petty theft is a misdemeanor, but you may be charged with a felony if you have a prior petty theft conviction and you are charged with another petty theft offense. Grand theft may be charged as a misdemeanor or felony. We defend clients against all theft charges, including:

  • Petty theft
  • Grand theft
  • Shoplifting
  • Receiving stolen property
  • Check forgery or writing bad checks
  • Grand theft auto (any theft of a vehicle is a grand theft regardless of its value)

Shoplifting Charges in Riverside and San Diego

One of the most common theft offenses is shoplifting. If you have been charged with shoplifting, we encourage you to contact our office to learn more about how we can help. Depending on the facts of your case, we may be able to help you avoid a criminal conviction.

Defense Against Shoplifting Charges in Riverside and San Diego

There are many defenses to a shoplifting charge. You must have intended to take property without paying for the property. If you were forgetful or took property by mistake, you are not guilty of a criminal offense. Even if you did take property intentionally without making payment, do not plead guilty to a shoplifting charge without speaking to an attorney. We may still be able to help you avoid a criminal conviction depending on the facts of your case.

Prosecutors in some counties are willing to offer plea agreements that allow defendants to avoid a criminal conviction, especially if the defendant has no prior convictions and the offense was minor in nature. Prosecutors are less likely to offer such a plea agreement if you have been charged with a felony level theft offense, but even then there are ways that we can help you minimize the negative impact of your charges.

Contact Us

To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Petty Theft – Shoplifting Attorney

Have you been arrested for petty theft? Protect your rights by retaining the experienced criminal defense lawyers at Law Offices of Marty V. Miller. Located in Riverside and San Diego, California, we have defended hundreds of clients in criminal cases ranging from traffic crimes to murder charges. We have helped many clients who are charged with petty theft offenses. Call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

In California, a person charged with theft may be charged with a misdemeanor or felony offense. Petty theft involves the theft of property valued up to $950. Grand theft involves the theft of property worth more than $950. Petty theft is a misdemeanor, but you may be charged with a felony if you have three prior petty theft convictions and you are charged with another petty theft offense. Grand theft may be charged as a misdemeanor or felony.

If you have been charged with petty theft and you have one or more prior convictions for petty theft, it is urgent that you speak with one of our experienced petty theft attorneys to minimize your risk for jail time and huge fines. Additionally, we have helped people facing a second conviction for petty theft avoid a conviction at all. A theft crime is considered a crime of moral turpitude and having one or more on your record can hurt your future employment opportunities and can have grave immigration consequences.

Defense Against Shoplifting Charges in Riverside and San Diego

There are many defenses to a petty theft charge. You must have intended to take property without paying for the property. If you were forgetful or took property by mistake, you are not guilty of a criminal offense. Even if you did take property intentionally without making payment, do not plead guilty to a petty theft charge without speaking to an attorney. We may still be able to help you avoid a criminal conviction depending on the facts of your case.

Prosecutors in some courts are willing to offer plea agreements that allow defendants to avoid a criminal conviction, especially if the defendant has no prior convictions and the offense was minor in nature. Prosecutors are less likely to offer such a plea agreement if you have been alleged to have taken an amount over $150, but even then there are ways that we can help you minimize the negative impact of your charges.

Contact Us

To schedule a free consultation with one of our Riverside and San Diego petty theft lawyers, call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Robbery Attorney

The California Penal Code defines robbery as the taking of another person’s personal property through the use of force or fear. To constitute a robbery, the defendant must take the property directly from the alleged victim or in the immediate presence of the alleged victim.

1st and 2nd Degree Robbery Charges in Riverside and San Diego

Robbery may be charged as first-degree robbery or second-degree robbery. A first-degree robbery includes the robbery of a commercial vehicle, inhabited home or person who just used an ATM machine.

A second-degree robbery includes any robbery that does not rise to the level of a first-degree robbery. The maximum prison sentence for second-degree robbery is five years, whereas a first-degree robbery conviction can result in a maximum prison sentence of six or nine years.

An offender may receive enhanced penalties if they were carrying a firearm during the commission of the robbery. Visit our Armed Robbery Charges to learn more.

Contact a Riverside and San Diego Robbery Defense Lawyer

If you are facing robbery charges, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For a strong defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego. Call (951) 335-9015, at (858) 223-6555 or contact us by e-mail Whether the setting is a protest organized by the Occupy movement (Occupy Wall Street, Occupy Riverside and San Diego and so on), a sports event or race tension-related civil unrest, charges of vandalism or graffiti in crowd settings should not be exaggerated or sensationalized by prosecutors. We zealously defend the constitutional rights of people charged with crimes in such settings. We understand that honest people often become tangled up in criminal charges as a result of being in the wrong place at the wrong time.

Defense Against Robbery Charges in Riverside and San Diego

If retained as your legal counsel, we will take time to carefully review the facts of your case to determine which defenses may be available to your charges, including:

  • Lack of sufficient force: There is a fine line between robbery and theft in some cases. For example, if you simply snatched a purse from another person, we may be able to argue that you did not use sufficient force to constitute a robbery offense. If you punched a woman and then took her purse, however, a lack of force defense would not be effective.
  • Mistaken identity: Police lineups can be very suggestive. If you were picked out of a lineup, you may have been misidentified, especially if the police said or did anything to influence the victim. Even if no lineup took place, you may have been misidentified because of a bad police sketch or because the victim simply has a poor memory of what happened. When a person is assaulted he or she often goes into shock. In such a state, he or she may not be able to accurately identify the assailant. In fact, eyewitness testimony is notoriously unreliable.
  • Lack of proof: The prosecutors must prove their case beyond a reasonable doubt. If they have no eyewitness, confession or other direct evidence, they may find it difficult to sustain their burden of proof.
  • Suppression of evidence: Did the police confiscate a stolen item from your car after a traffic stop and subsequent arrest? Did the police confiscate property from your home with a search warrant? If the police did not have sufficient cause to stop your vehicle or obtained a search warrant that was not supported by probable cause, we can file a motion seeking the suppression of any evidence obtained as a result of the search. As skilled negotiators and trial lawyers, we are ready to provide the vigorous defense you need. Whether your case is best resolved by negotiated plea agreement or by trial, you can be confident that we will fight to protect your rights and seek the best possible outcome on your behalf.

Contact Us

To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Estes Robbery Attorney

A robbery is a dangerous felony and is a strike offense under California’s 3 strikes law. It can result in a prison sentence, and interfere with the rest of one’s life. Immigration status, career, college loans, and the like can all be affected dramatically by a felony conviction. Robbery has the added value of being both a violent crime as well as a crime of honesty. Two of the three things employers are concerned about when considering a potential new hire. Some clients find themselves in a position where they thought they would be facing misdemeanor theft charge, but in fact they get charged with robbery. Robbery is a violent felony and if convicted, it comes with a strike. These more controversial set of facts is known as an “Estes” robbery. For an “Estes” robbery, the situation plays out like this….First you take a pack of gum from the neighborhood store (the theft), and then you run. When the loss prevention officer sees this happen, they come after you. They try to stop you and when they tackle you on the asphalt in the parking lot there is a struggle (the force). Therein lies a charge of robbery.

California Law on Estes Robbery in Riverside and San Diego CA

Under California law, this is the same crime as any other robbery with all the same consequences at sentencing. Now of course there are again areas of dispute. For example what if the pack of gum is thrown down or abandoned before the struggle? But what if instead of a pack of gum it’s a stack of wood and when you throw it down it injures security? What if they struggle isn’t really a struggle? Maybe you broke your arm when you were tackled and you can’t put it behind your back to comply? Or maybe it just didn’t feel too good faceplanting the pavement with loss prevention in the saddle? Is loss prevention a former linebacker who took the job because he likes tackling thieves in the parking lot? Do we really expect people to limply comply in this position?

All types of theft charges can become more serious depending on the amount of money, value of property, location, time of day and a multitude of other factors, but an Estes Robbery blows them all away, because there was no intent to commit the type of crime that resulted. Defending Estes robberies can be extremely difficult and requires the well-developed soft, yet forceful touch of an experienced theft attorney. Humanizing the client to the prosecutor and judge to help them view the Defendant something more than simply a case number and a list of charges is an invaluable first step to returning the case to a misdemeanor shoplifting or petty-theft charge.

As skilled negotiators and trial lawyers, we are ready to provide the vigorous defense you need. Whether your case is best resolved by negotiated plea agreement or by trial, you can be confident that we will fight to protect your rights and seek the best possible outcome on your behalf.

What to Do if You Are Charged with Estes Robbery in Riverside and San Diego

To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Burglary Attorney

When people think of a burglary offense, they typically imagine an individual who enters a home for the purpose of committing a crime. Under California’s penal code, burglary may involve a home invasion, but it may also involve the burglary of a commercial building. The California Penal Code makes a significant distinction between residential burglary and commercial burglary. A residential burglary carries significantly greater penalties and is also a strike offense.

Contact a Riverside and San Diego Burglary Defense Lawyer Today!

If you have been arrested for burglary, it is critical that you protect your rights by retaining an experienced Riverside and San Diego burglary defense attorney. For a vigorous defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego. We handle all burglary charges and related offenses, including:

  • Residential burglary
  • Commercial burglary
  • Possession of burglary tools
  • Burglary of an automobile

Call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Residential and Commercial Burglary Charges in Riverside and San Diego

A residential burglary occurs when a person enters a home, apartment or other inhabited dwelling with the intent to commit theft or another criminal offense. The crime of burglary does not require that you enter the home by breaking and entering or otherwise gain entry by illegal means. Even if you lawfully entered another person’s home, you could be guilty of burglary if you entered with the intent of committing a crime.

One of the key issues in a residential burglary case is whether the defendant had the intent of committing a crime at the moment he or she entered the home or other inhabited dwelling. If the intent to commit a crime formed after the defendant entered the home, the defendant is not guilty of burglary.

Commercial burglary is the burglary of a commercial structure such as retail store or other business. As with residential burglary, a defendant must have had the intent to commit a crime at the time he or she entered the commercial building.

Defenses to a Burglary Charges in Riverside and San Diego

There are a number of defenses our attorneys may raise on your behalf if you have been charged with burglary, including:

  • Lack of intent at time of entry: If you did not have an intent to commit a crime at the time you entered a residential dwelling or commercial building, you are not guilty of burglary.
  • No intent to commit a crime: If you entered a home to retrieve personal property that you own or to engage in other lawful activity, you are not guilty of burglary.
  • Mistaken identity: You may have been arrested because you were falsely identified.

Contact Us

We are ready to provide a strong defense on your behalf if you have been charged with burglary. To schedule a free consultation with one of our Riverside and San Diego burglary lawyers, call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Credit Card Fraud Attorney

Credit card fraud is a wide-ranging term for theft and fraud. It may be alleged that you tried to obtain goods without paying or attempted to get unauthorized funds from an account. Often, credit card fraud charges are part of identity theft allegations.

Speak to a Riverside and San Diego Credit Card Fraud Defense Lawyer Today!

If you have been charged or are under investigation for credit card fraud or any white collar crime, the sooner you get help form an experienced criminal defense attorney, the better chance you have of a good resolution. Call the Law Offices of Marty V. Miller at (951) 289-0962, at (858) 252-2743 or email our office for a no-cost, confidential consultation.

Credit Card Fraud Charges in Riverside and San Diego

Credit card fraud can range from a misunderstanding of using a friend’s or relative’s card, or the organized intent of committing fraud or theft multiple times. Credit card fraud is often charged as a felony initially, and it is often possible for an experienced attorney to negotiate a reduction of the felony to a misdemeanor an avoid jail time — even if you admitted to having committed the crime.

Additional charges related to credit card fraud:

  • Identity theft
  • Forgery
  • Wire fraud
  • Check fraud
  • Mail fraud
  • Receipt of stolen property

Defense Against Credit Card Fraud Charges in Riverside and San Diego

As in many criminal defense charges, understanding the true facts of your credit card fraud allegation, the typical court proceedings and the possible outcome allows a skillful criminal defense lawyer to offer you and the prosecution a satisfactory solution. There is no substitute for knowledge of the laws, negotiating skill, and practical experience.

Contact Us

In your defense, attorney Marty V. Miller will fully evaluate your credit card fraud case. He will examine the evidence, outline your options, and then work to defend you. Our law office is committed to our clients and we welcome the opportunity to speak with you. There is no cost for your initial consultation, and it will be in complete confidence. Email our office or call (951) 289-0962, at (858) 252-2743.

Bad Checks Attorney

Just because you wrote a check that bounced, that does not mean you are guilty of a crime. The crime of passing a bad check requires that you wrote a check with the knowledge that your account had insufficient funds and with the intent to commit fraud [California Penal Code 476].

Contact a Riverside and San Diego Bad Check Defense Lawyer Today!

If you have been arrested for passing a bad check, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For a vigorous defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego. We defend clients accused of writing a bad check, check forgery, and other check, fraud and theft offenses. Call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Misdemeanor and Felony Charges for Bad Checks in Riverside and San Diego

In California, some criminal charges may be charged as either a misdemeanor or a felony by the prosecution. Passing a bad check is one such offense. However, the general rule is that passing a bad check is a misdemeanor if the check’s value was $450 or less. If the defendant has a prior bad check conviction, the offense may be charged as a felony even if the value of the check was less than $450.

Defenses to Writing a Bad Check in Riverside and San Diego

Our experienced defense attorneys can raise a variety of defenses on your behalf if you have been charged with a bad check offense, including:

  • Lack of knowledge: If you did not realize that your account had insufficient funds, you are not guilty of passing a bad check.
  • Identity theft: In some cases, a defendant may actually have been the victim of identity theft and another individual has forged his or her name on a check.
  • Lack of intent: You may have post-dated the check. You may have been expecting a paycheck or other funds that did not materialize. If you did not intend to defraud (cheat) anyone, you are not guilty of passing a bad check.

Contact Us

To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Identity Theft Attorney

Identity theft is a crime that is on the rise in California and throughout the United States. To reduce identity theft crimes, law enforcement officials now aggressively investigate such crimes, and prosecutors aggressively pursue convictions against individuals accused of such offenses.

Contact a Riverside and San Diego Identity Theft Defense Lawyer Today!

If you have been arrested for identity theft, it is critical that you protect your rights by retaining an experienced Riverside and San Diego identity theft defense attorney. For a vigorous defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego; call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.

Federal Identity Theft Laws in Riverside and San Diego

The Identity Theft and Assumption Deterrence Act of 1998 makes it a federal offense to commit identity theft, which includes the act of using another person’s identification to commit fraud and other criminal acts. Identity theft is a felony and may result in significant term of incarceration.

Related Offenses to Identity Theft Charges in Riverside and San Diego

When people think of identity theft, they often think of related offenses, including credit card theft. Our Riverside and San Diego identity theft defense attorneys defend clients against a wide range of theft offenses, fraud offenses, and financial offenses in state and federal courts.

Defense of Identity Theft Charges in Riverside and San Diego

Being convicted of identity theft or a related offense could result in significant criminal penalties, including incarceration in a state or federal prison. If retained as your counsel, our attorneys will take time to investigate the facts of your case, determine what evidence the prosecution has in its possession and prepare your case thoroughly for the possibility of trial. Simultaneously, we will keep the lines of communication with the prosecution open to determine if there is a way to resolve your case that will help you avoid punishment or minimize the punishment you face.

Marty V. Miller understands what prosecutors want to hear and what they do not want to hear. He understands how to raise defenses that may improve your leverage and use creative measures to achieve compromises with prosecutors that may make a significant difference in the final outcome of your case.

Contact Us

To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

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Riverside Office Location

3890 11th Street, #450
Riverside, CA 92501
Tel: (951) 289-0962 Fax: (951) 413-0027

San Diego Office Location

501 W Broadway, Ste 800
San Diego, CA 92101
Tel: (858) 252-2743 Fax: (619) 819-2038


San Bernardino Location

473 E. Carnegie Dr., Ste 200
San Bernardino, CA, 92408
Tel: (909) 327-2474 Fax: (909) 424-3417