Dublin Property Crime Defense Attorney

Defense Built on How the Alameda County DA Builds These Cases

Property crime charges in California range from misdemeanor shoplifting to serious felonies carrying prison time and Three Strikes exposure. The specific facts of your case, including the value of the property, your intent at the moment of entry or taking, and your prior record, can shift the charges dramatically and narrow or expand the options available to your defense. At The Law Office Of Christopher A. Lamiero, we defend clients in Dublin and throughout Alameda County facing theft, robbery, and burglary charges.

Attorney Christopher A. Lamiero spent nearly a quarter century as a state prosecutor, including work on complex and high-profile felony cases such as robbery. That background gives our firm direct insight into how the Alameda County District Attorney builds property crime cases, what evidence prosecutors rely on, and where those cases can carry weaknesses. Every defense strategy we develop reflects that prosecution-side understanding. Call (925) 259-3337 for a free initial consultation.

Contact us to schedule a free initial consultation and let our firm get to work on your case today.

Theft Charges Under California Law

Theft is defined under California Penal Code section 484 as the unlawful taking of another person’s property with intent to permanently deprive the owner. The charge divides into two levels based on value. Petty theft covers property valued at $950 or less, including shoplifting, and is typically charged as a misdemeanor carrying up to six months in county jail and up to $1,000 in fines. Grand theft applies when the value exceeds $950 or when the property falls into a protected category such as a firearm or vehicle, and it can be charged as either a misdemeanor or a felony depending on the circumstances. A felony grand theft conviction can result in 16 months, two years, or three years in state prison.

California also distinguishes between vehicle theft charges based on intent. Felony grand theft auto applies when a vehicle is taken with intent to permanently deprive the owner. Misdemeanor vehicle theft, sometimes called joyriding, applies when the taking was temporary in nature.

Proposition 36, which took effect December 18, 2024, significantly expanded prosecutors’ tools in theft cases:

• Value aggregation: Under new Penal Code section 490.3, prosecutors can combine the value of stolen property across multiple separate theft acts to reach the $950 felony threshold, even when those acts were unrelated in intent or plan
• Prior conviction enhancement: Under Penal Code section 666.1, a person with two or more prior theft-related convictions who commits petty theft or shoplifting can now be charged with a felony wobbler, with no washout period limiting how old those prior convictions can be
• Sentence enhancements: Re-enacted Penal Code section 12022.6 adds prison time when property is taken, damaged, or destroyed in the commission of a felony, based on the value of the loss

Robbery: Always a Felony

Robbery is defined under California Penal Code section 211 as taking personal property from another person or their immediate presence, against their will, by force or fear. Unlike theft, robbery is charged as a felony because the use of force or intimidation puts public safety at direct risk. Even minor physical contact, such as grabbing a wallet from someone’s hand, or displaying a weapon only after being caught, can elevate what began as a theft into a robbery charge. The latter situation is known as an Estes robbery.

The two categories carry different sentencing exposure:

• First-degree robbery involves robbing someone in an inhabited dwelling, at or near an ATM immediately after use, or who is a driver or passenger in a taxi, transit vehicle, or other vehicle for hire. Under California Penal Code section 213, it carries up to six years in state prison for most first-degree convictions, and up to nine years when the robbery is committed inside an inhabited structure in concert with two or more people.
• Second-degree robbery covers all other situations and carries up to five years in California state prison.

A critical defense issue in robbery cases is timing. The prosecution must prove the defendant used force or fear before or during the taking, not afterward. If force occurred only after a completed taking, the robbery charge may not hold. We investigate these timing and sequencing questions carefully in every robbery defense.

Burglary Charges & the Intent-at-Entry Standard

Burglary under California Penal Code section 459 is defined as entering any structure with intent to commit theft or any felony inside. The prosecution doesn’t need to prove that a crime was actually carried out. What matters is the intent at the precise moment of entry, which makes intent the central battleground in most burglary defenses.

The degree of the charge turns on what type of structure was entered:

• First-degree burglary involves entering an inhabited dwelling. It is charged as a felony, carries two to six years in California state prison, and counts as a strike under California’s Three Strikes Law. A Three Strikes prior means any subsequent serious or violent felony conviction results in a doubled sentence, and a third strike can mean 25 years to life.
• Second-degree burglary covers commercial buildings, vehicles, and uninhabited structures. It is a wobbler offense that can be charged as a misdemeanor, carrying up to one year in county jail, or as a felony, carrying 16 months to three years in state prison.
• Auto burglary, breaking into a vehicle to steal property inside, is prosecuted as second-degree burglary and carries the same penalties.

Possession of burglary tools under Penal Code section 466 is a separate misdemeanor charge, carrying up to six months in jail, that prosecutors often add when items such as crowbars or lockpicks are found. In any burglary case, careful attention to every element of the evidence from the moment of arrest forward is essential to building an effective defense.

Protecting Your Rights at Every Stage

The prosecution must prove your actions and your intentions beyond a reasonable doubt. That burden applies to every element of every charge, and we hold prosecutors to it. We stand beside our clients from the initial investigation through arraignment, hearings, and trial.

Call (925) 259-3337 to speak with Attorney Lamiero today. Se habla español.