Shoplifting Attorney in Dublin
Former Prosecutor. 30+ Years of Defense. Fighting for Dublin Clients.
At the The Law Office Of Christopher A. Lamiero, we know that a shoplifting charge can feel overwhelming, and we know exactly how the other side builds its case. Located in Dublin, CA, our firm defends clients facing shoplifting charges throughout Alameda County, bringing over 30 years of criminal defense experience to every case.
Attorney Lamiero spent years as a state prosecutor before dedicating his practice to criminal defense. That background gives us a direct line of sight into how the Alameda County District Attorney’s office approaches these cases and how to counter their strategies effectively. We examine every detail of your case to build a defense designed to challenge the prosecution at every turn.
Work with a shoplifting attorney in Dublin backed by 30+ years of courtroom experience. We’re former prosecutors, and we’re available 24/7. Call (925) 259-3337 or reach out online now. Se habla español.
Understanding Shoplifting Laws in California
California’s shoplifting statute, Penal Code 459.5, was created by Proposition 47 in 2014. Before Prop 47, entering a store with the intent to steal could be charged as felony burglary. Proposition 47 carved out a separate, lower-level offense: shoplifting, defined as entering a commercial establishment during regular business hours with the intent to commit larceny, where the value of the property taken or intended to be taken doesn’t exceed $950.
Under PC 459.5, a shoplifting charge requires all three of the following elements:
- 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.
The intent element matters more than most people realize. If you walked into a store without any intent to steal and decided to pocket something once inside, you can’t be charged under PC 459.5. You could still face a charge of petty theft under PC 484 and 488, but that’s a legally distinct offense with different implications for your defense.
Shoplifting Charge Classifications & Penalties in California
Whether a shoplifting charge is filed as a misdemeanor or a felony depends on the value of the merchandise and your prior criminal history. Understanding that distinction matters from the moment you’re charged, and a Dublin shoplifting lawyer should assess your exposure right away.
Misdemeanor Shoplifting (Penal Code § 459.5)
When the merchandise value is $950 or less and you don’t have disqualifying prior convictions, shoplifting is a misdemeanor.
- Maximum Penalties: Up to six months in county jail and/or a fine of up to $1,000.
- Common First-Offender Outcomes: Jail is possible but not automatic. Courts frequently impose fines, informal probation, community service, and mandatory anti-theft classes.
Felony Shoplifting (Penal Code § 459.5)
A shoplifting charge can be elevated to a felony in two situations. First, a prior conviction for a serious offense, such as one requiring sex offender registration or a felony enumerated under Penal Code section 667, can expose a defendant to felony treatment regardless of the value of property involved. Second, following the passage of Proposition 36 in November 2024, a third shoplifting or theft offense may be charged as a felony when a defendant has two or more prior theft-related convictions. Felony penalties can reach up to three years in state prison and/or a fine of up to $10,000.
Dublin shoplifting cases are heard at the East County Hall of Justice, the Alameda County Superior Court courthouse serving the Tri-Valley. Attorney Lamiero’s direct experience with how the Alameda County District Attorney’s office builds and prosecutes these cases at that courthouse shapes every defense strategy we develop.
Why Clients in Dublin Choose Our Firm
Attorney Lamiero’s time as a state prosecutor isn’t just a credential; it’s a tactical advantage. We know how charging decisions get made, what evidence prosecutors rely on, and where their cases are most vulnerable. That insight drives how we approach every shoplifting case we take.
Our practice focuses exclusively on defending individuals against criminal charges, including property crimes. We don’t split attention across civil litigation or unrelated practice areas. Our office is based in Dublin, so we know the local legal community, the courthouse dynamics, and the tendencies of the prosecutors and judges handling these cases in Alameda County. And because we offer bilingual services, Spanish-speaking clients can discuss their case in the language they’re most comfortable using.
Contact Us for a Shoplifting Defense Consultation
A shoplifting charge carries real consequences, but it doesn’t have to define your future. We defend your freedom, rights, and reputation with personalized legal strategy built around the facts of your case and the realities of how Alameda County prosecutes these charges.
Contact The Law Office Of Christopher A. Lamiero at (925) 259-3337 to schedule 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.