Theft Classifications and Penalties Depend on Value and Intent
In Delaware, theft crimes are classified by the value of the property taken and the type of taking — creating a spectrum of charges from misdemeanor shoplifting to serious felonies like burglary and robbery. Under 11 Del. C. § 841 and related statutes, the penalties increase dramatically with felony classification. Theft of property valued under $1,500 is typically charged as a misdemeanor, while theft of $1,500 or more is a felony carrying years of prison time. Burglary carries even harsher penalties because it involves unauthorized entry with criminal intent — up to 15 years for Burglary in the First Degree (Class C felony), and up to 25 years if the defendant was armed with a deadly weapon or caused injury (Class B felony).
The common thread in all these charges is intent — the state must prove you intended to permanently deprive the owner of the property. That intent is often assumed, not proven. We challenge the state's evidence of intent, ownership, identification, and valuation. As former prosecutors who handled theft cases at the state level, we know the weak points in the state's cases and how to exploit them.
Shoplifting Defense
Challenging misdemeanor and felony shoplifting charges by examining intent, store surveillance, and the accuracy of merchandise valuations.
Burglary Defense
Fighting felony burglary charges — which carry harsh sentences — by challenging proof of entry, intent, and knowledge at the time of entry.
Identity Theft & Fraud
Defending against fraud and identity theft charges by examining the evidence of intent to defraud and disputing the state's valuation of losses.
Receiving Stolen Property
Contesting charges for receiving or possessing stolen merchandise by challenging knowledge and intent to receive stolen goods.
Misdemeanor Shoplifting Can Become a Felony — And Convictions Follow You
A theft conviction — whether misdemeanor or felony — creates a permanent criminal record that affects employment, housing, professional licenses, and opportunity. Even a misdemeanor shoplifting conviction for items under $1,500 can derail a job prospect or housing application. A felony conviction is catastrophic. And the line between misdemeanor and felony in Delaware is $1,500 — one item can shift the entire case.
We fight to keep charges at the lowest possible level, to negotiate diversion programs where available, and to achieve dismissals when the evidence doesn't support the charge. Where restitution is negotiable, we work to minimize the amount and structure payments in a way that doesn't destroy your finances. Our experience as prosecutors means we understand what the state thinks it has — and where it actually falls short.
Challenging Evidence, Disputing Intent, Fighting for Dismissal or Negotiation
Challenge Evidence of Intent: Shoplifting and theft charges rest on intent. Did you really intend to permanently deprive the owner, or did you forget something in your pocket? We examine store surveillance footage, witness statements, and your version of events. Many cases fall apart when intent is carefully examined.
Ownership and Possession Disputes: Who owned the property? In some cases, you may have had permission or believed you had a legitimate claim. We investigate and present these defenses.
Mistaken Identity: Store surveillance can be grainy. Identification based on description alone is unreliable. We challenge identification when the evidence is weak.
Valuation Challenges: The difference between misdemeanor and felony shoplifting is $1,500. We examine whether the store's valuation of merchandise is accurate and defensible.
Restitution and Diversion: Where the state has a strong case, we negotiate diversion programs (keeping the conviction off your record) or negotiate restitution amounts and payment schedules. In some cases, paying restitution can result in charges being dismissed entirely.
Theft Crimes Defense FAQ
How does Delaware classify theft crimes by value?
Delaware classifies theft based on the value of property stolen. Theft under $1,500 is typically charged as a misdemeanor, while theft of $1,500 or more is charged as a felony. Penalties escalate significantly with felony charges — including prison time and permanent conviction records that affect employment and housing opportunities.
What defenses work against shoplifting charges?
Shoplifting charges often turn on whether you had intent to permanently deprive the store of the merchandise. We challenge the evidence by examining store surveillance footage, questioning whether items were actually concealed or merely carried in a pocket, disputing the store's valuation, and investigating whether identification was accurate. Many cases can be negotiated down or dismissed.
What makes burglary charges so serious in Delaware?
Burglary in Delaware is the unauthorized entry into a dwelling with intent to commit theft or another felony. It is treated much more seriously than simple theft because it involves unlawful entry and threat to the home. Burglary convictions carry significant prison sentences — up to 25 years for certain degrees. As former prosecutors, we know how these cases are built and how to dismantle the state's narrative.
Have more questions? Schedule a free consultation or call 302-735-8401.