
Shoplifting Attorney in Dublin
Strategic Defense for Shoplifting Charges in Alameda County
At the Law Office of Christopher A. Lamiero, we understand the stress and uncertainty that come with facing shoplifting charges. Located in Dublin, CA, our firm provides robust legal defense tailored to each client’s unique needs.
With over 30 years of experience and insights gained from Attorney Lamiero’s background as a former state prosecutor, we offer a strategic advantage in navigating the criminal justice system. Understanding the gravity of shoplifting charges, we delve into every detail of your case to build a comprehensive defense. Our goal is to ensure that every aspect of your case is challenged effectively.
Work with a shoplifting attorney in Dublin backed by 30+ years of courtroom experience. We’re former prosecutors who are accessible 24/7. Call (925) 259-3337 or reach out online now—Se habla español.
Understanding Shoplifting Laws in California
In California, the crime of shoplifting is specifically defined under Penal Code (PC) 459.5. This statute broadly criminalizes a specific type of burglary. Prior to Proposition 47 in 2014, individuals who entered a store with the intent to steal could be charged with burglary, a felony. Proposition 47 created PC 459.5, which reduced most shoplifting cases to misdemeanors, provided the value of the property is below a specific threshold.
A person is guilty of shoplifting if they commit the following acts:
- Entering a commercial establishment with intent to commit larceny.
- The establishment was open during regular business hours.
- The value of the property taken or intended to be taken does not exceed $950.
For example, if you walk into a store with no intent to steal, and then decide to pocket an item once inside, you cannot be charged with shoplifting (PC 459.5). You could, however, be charged with petty theft (PC 484 & 488). This distinction is crucial for your shoplifting attorney in Dublin to establish.
Classification of Shoplifting Charges and Penalties in California
The severity of a shoplifting charge in California is primarily determined by the value of the merchandise stolen and, significantly, by your prior criminal history. Shoplifting (PC 459.5) is generally a misdemeanor, but can be a felony under specific circumstances. A knowledgeable Dublin shoplifting lawyer will immediately assess the classification and potential penalties you face.
Misdemeanor Shoplifting (Penal Code § 459.5):
If the value of the goods or merchandise is $950 or less, and you do not have certain prior convictions, the offense is a misdemeanor.
- Maximum Penalties: Up to six (6) months in county jail and/or a fine of up to $1,000.
- Common Outcome (for first offenders): While jail time is possible, courts often impose fines, informal (summary) probation, community service, and mandatory anti-theft classes.
Felony Shoplifting:
Shoplifting can be elevated to a felony under two primary circumstances, greatly increasing the potential penalties.
- Felony Shoplifting with Prior Convictions (Penal Code § 459.5(a)): If you have a prior conviction for certain specified serious crimes (e.g., sex offenses requiring registration, or felonies punishable by death or life in prison), a new shoplifting charge (regardless of value) can be elevated to a felony.
- Penalties: Up to three (3) years in state prison and/or a fine of up to $10,000.
The complex interplay of these degrees, the specific definitions of "forcible compulsion," "incapacity to consent," and age, are absolutely critical. A skilled New York rape lawyer will meticulously analyze these elements in relation to your specific charges.
Why Choose Us: Experience You Can Trust
Led by Christopher A. Lamiero, our firm's unique advantage lies in our prosecutor insight, allowing us to anticipate prosecution strategies effectively. Our commitment to upholding the highest standards of integrity ensures that we offer honest and straightforward advice throughout your legal journey.
As a dedicated shoplifting criminal lawyer in Alameda County, we focus solely on defending individuals against criminal allegations, offering bilingual services to serve a broader community.
Building a credible defense begins with choosing a law firm that has an excellent grasp of both the local and the broader legal environments. With our office situated in Dublin, CA, we are intimately familiar with the city's legal community dynamics, ensuring you're represented by someone who not only knows the law but also understands the local complexities that might affect your case.
Our bilingual capabilities further eliminate any language barriers, allowing us to serve a wider demographic with tailored legal solutions.
Contact Us for Dedicated Shoplifting Defense
If you’re facing shoplifting charges in Dublin, CA, it’s essential to have knowledgeable legal defense on your side. We’re here to alleviate stress, enhance clarity, and offer empowering next steps towards reclaiming your future.
Our firm is committed to defending your freedom, rights, and reputation with dedicated, personalized legal service. In every case, we leverage our experience and dedication to ensure that you receive the highest level of defense available.
Reach out to the Law Office of Christopher A. Lamiero at (925) 259-3337 for a consultation.
Criminal Defense FAQ
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What is a Defense Attorney?
A criminal defense attorney is a lawyer who specializes in defending individuals, businesses and organizations accused of committing a crime. They have the knowledge to understand the laws and legal procedures related to criminal cases. A criminal defense lawyers strives to protect their client's rights and build a strong defense case against all charges.
Defense attorneys use a variety of methods to help their clients, including research and investigation, interviewing witnesses, filing motions, plea bargaining with prosecutors and advocating in court for their clients. They may also advise clients on how best to prepare for trial and present evidence that could prove innocence or legal mitigating factors. In some cases, they also negotiate with prosecutors in order to get reduced or dropped charges for their clients. As experienced professionals, criminal defense attorneys look for any weaknesses in the government's case and make sure that every aspect of the law is being followed.
By hiring an experienced lawyer, you can be rest assured knowing that your rights are protected throughout the legal process and that you will receive sound advice to help you navigate your case.
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Should I Accept a Plea Agreement?
Most criminal cases resolve through plea deals. A plea bargain allows you to accept the penalty for a lesser offense, often keeping more serious charges off your record. Whether a plea will benefit you depends on your situation, but no one should accept a plea deal from someone who is not guilty of the crime.
Having a lawyer to counsel you on your best options is critical if you hope to avoid agreeing to a deal that is not in your best interests.
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Will I Lose My Professional License if I Am Convicted of a Felony?
While California has passed a law prohibiting employers from asking about an applicant’s criminal history before making a job offer, this does not mean a conviction on your record will not affect your career opportunities. Many professional licensing boards have restrictions on eligibility for those who have criminal convictions.
Depending on the type of license you hold and the circumstances of your case, a conviction may negatively affect your professional future. Having an attorney on your side can improve the chances of avoiding a career-ending conviction.
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Why Do I Need an Attorney?
After your arrest, you should waste no time seeking the counsel of an attorney who is familiar with California laws and the courts in Alameda County, Northern and Central California. You will be facing skilled prosecutors whose goal is to convict you.
Your defense attorney will have the resources to construct a defense that will give you every possible advantage to avoid a conviction of the most serious charges you face. Even a misdemeanor conviction can negatively affect your life for years. I will work to prevent that from happening.
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What Should I Do Next?
Your first step after your arrest should be to contact an experienced criminal defense attorney. Police and investigators should not continue questioning you once you have asked for a lawyer. When you obtain legal representation from Attorney Christopher Lamiero, our firm will protect your rights and help you make the right decisions throughout the legal process.
Call (925) 259-3337 or use our online form to obtain legal counsel from an experienced criminal defense lawyer in Dublin, CA. Se habla español.
