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Dover Theft & Shoplifting Lawyer

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The Best Defense Is An Experienced Criminal Attorney

If you have been accused of theft or shoplifting in Delaware, it is crucial that you seek legal representation from an experienced criminal defense attorney as soon as possible. The consequences of a conviction for a theft crime or shoplifting charges can be severe and long-lasting, including fines, imprisonment, and a criminal record that can impact your future employment opportunities.

At the law offices of Schmittinger & Rodriguez, our lawyers have a deep understanding of the state law and legal procedures surrounding a theft or a shoplifting case in Delaware. Our attorneys are committed to providing each client with personalized attention, aggressive representation, and a strong defense against the criminal offenses and charges they face.

We begin by conducting a thorough investigation of the facts surrounding the case, including reviewing any evidence presented by the prosecution, interviewing witnesses, and consulting with experts in relevant fields. We then develop a strategy tailored to the specific needs and circumstances of each client, aiming to achieve the best possible outcome in the case.

Our attorneys are skilled negotiators and litigators who are not afraid to fight for our client’s rights in and out of court. A Schmittinger & Rodriguez theft lawyer will explore every available legal option to defend against the charges and seek the most favorable resolution possible. We also provide compassionate support to our clients throughout the legal process, understanding the stress and anxiety that can come with facing criminal charges.

If you have been accused of theft or are a shoplifting suspect in Delaware, do not hesitate to contact us for a consultation. We are ready to put our skills and experience to work for you and help you navigate this difficult time.

What Is The Difference Between Theft And Shoplifting In DE?

While they are similar in many ways, there are some key differences between the two offenses:

Theft is a more general term that refers to the act of taking some other person’s property without their permission. This can include taking property from a person or business, as well as other types of theft, such as identity theft or embezzlement.

Shoplifting, on the other hand, is a specific type of theft that occurs when someone steals merchandise from a retail store. This can include taking merchandise without paying for it, as well as changing price tags or switching items in order to pay a lower price.

One key difference between theft and shoplifting in Delaware is the value of the property taken. Under Delaware law, theft is generally considered a more serious offense if the value of the property taken is over a certain threshold. For example, theft of property valued at $1,500 or more is considered a felony offense in Delaware, while theft of property valued at less than $1,500 is considered a misdemeanor offense.

Shoplifting, on the other hand, is often charged as a misdemeanor offense regardless of the value of the merchandise taken. However, if the value of the merchandise taken is over a certain threshold (typically $1,500), the offense may be charged as a felony.

Another difference between theft and shoplifting is the manner in which the property is taken. While theft can involve a variety of methods, including physical force or deception, shoplifting typically involves taking merchandise from a store without paying for it or altering the price in some way.

If you have been accused of theft or shoplifting in Delaware, it is important to seek legal representation from an experienced criminal defense attorney. Your theft lawyer can help you understand the charges you are facing and work to achieve the best possible outcome in your case. Especially if this is your first offense, it’s essential to have the advice and representation of a criminal defense lawyer.

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If you or someone you love has criminal charges, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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Penalties For Theft & Shoplifting Charges
Defenses To Theft & Shoplifting Charges

What Are The Penalties For Theft And Shoplifting Charges?

In Delaware, theft and shoplifting are both considered criminal offenses that can carry significant penalties if you are convicted. The specific penalties you may face will depend on the circumstances of your case, including the value of the merchandise stolen, your criminal history, and other factors. Some potential penalties for theft and shoplifting charges in Delaware include:

    • Fines: If you are convicted of theft or shoplifting in Delaware, you may be required to pay fines. The amount of the fine will depend on the specific offense you are charged with and other factors, such as the value of the stolen property.

    • Imprisonment: Depending on the severity of the offense, you may be sentenced to serve time in jail or prison if you are convicted of a theft charge or shoplifting in Delaware. The length of your sentence will depend on the specific offense you are charged with, your criminal history, prior convictions, and other factors.

    • Probation: In some cases, you may be sentenced to probation instead of or in addition to jail time. If you are on probation, you will be required to follow certain rules and restrictions, such as checking in with a probation officer or staying away from certain people or places.

    • Community service: You may be required to perform community service if you are convicted of thefts or shoplifting in Delaware. This can include tasks such as picking up trash, cleaning public spaces, or performing other community-oriented tasks.

    • Restitution: If you are convicted of theft or shoplifting in Delaware, you may be required to pay restitution to the victim or victims of the offense. Restitution is a monetary payment that is meant to compensate the victim for any losses they suffered as a result of the offense.

    • Criminal record: If you are convicted of theft or shoplifting in Delaware, you will have a criminal record that can impact your future employment opportunities, housing options, and other aspects of your life.

If you are facing theft or shoplifting charges in Delaware, it is important to seek legal representation from an experienced attorney. Your theft lawyer can help you understand the potential penalties you may face and work to achieve the best possible outcome in your case. Working with the prosecutors, it might be able to get your case dismissed, depending on the faces, or make a plea deal, especially for a first-time offender.

What Are The Defenses To Theft And Shoplifting Charges?

If you have been charged with theft or shoplifting in Delaware, there are several potential defenses that may be available to you. Some possible defenses to these charges include:

    • Lack of intent: One of the key elements of theft and shoplifting charges is intent. If you did not intend to take someone else’s property without their permission, you may be able to argue that you are not guilty of the offense. For example, if you accidentally took an item from a store without paying for it, you may be able to argue that you did not intend to steal the item.

    • Mistaken identity: In some cases, individuals are falsely accused of theft or shoplifting due to mistaken identity. If you can provide evidence that you were not present at the time of the offense, or that you were mistaken for someone else who committed the offense, you may be able to defend against the charges.

    • Consent: If you can provide evidence that the alleged victim of the theft or shoplifting gave you permission to take the property in question, you may be able to argue that you are not guilty of the offense.

    • Coerced confession: If you were coerced or forced into confessing to the theft or shoplifting offense, you may be able to argue that your confession should not be admissible in court.

    • Unlawful search and seizure: If the police obtained evidence of the theft or shoplifting through an unlawful search and seizure, you may be able to argue that the evidence should be excluded from your case.

It is important to remember that every case is unique, and the specific defenses that may be available to you will depend on the circumstances of your case. If you are facing theft or shoplifting charges in Delaware, it is important to seek legal representation from an experienced theft lawyer who can help you understand your options and work to achieve the best possible outcome in your case.

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Hiring A Theft & Shoplifting Attorney

Hiring a criminal defense lawyer ensures that you have the right attorney with whom you can share confidential information about charges against you to determine what steps are in your best interest and will make for the best defense.

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to be arrested on a theft or shoplifting charge. Our team has decades of combined experience handling these sensitive matters offering clients peace of mind that they and their loved ones are legally protected as they move through the legal system. Our goal is to see you through the case with the best outcome from getting the charges dropped to avoiding jail time.

If you or someone you love has a theft or shoplifting charge, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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theft & shoplifting FAQs

What are the potential consequences of a theft or shoplifting conviction in Delaware?

The potential consequences of a theft or shoplifting conviction in Delaware can include fines, imprisonment, probation, community service, and a criminal record that can impact future employment opportunities.

Can I be charged with shoplifting if I didn't leave the store with the merchandise?

Yes, you can be charged with shoplifting in Delaware even if you did not leave the store with the merchandise. The act of concealing the merchandise with the intent to steal it can be enough to support a shoplifting charge.

What should I do if I am accused of theft or shoplifting in Delaware?

If you are accused of theft or shoplifting in Delaware, it is important to seek legal representation from an experienced attorney as soon as possible. Your attorney can help protect your rights and work to achieve the best possible outcome in your case.

How can I avoid being charged with theft or shoplifting in the future?

To avoid being charged with theft or shoplifting in the future, it is important to always obtain permission before taking someone else's property and to pay for all merchandise before leaving a retail store. If you struggle with compulsive stealing or shoplifting, seeking professional help may also be beneficial.

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

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414 South State Street
Dover, DE 19901
(302) 674-0140

Middletown

651 N Broad Street, Suite 203
Middletown, DE 19709
(302) 378-1697

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18489 Coastal Highway, 2nd Floor
Rehoboth Beach, DE 19971
(302) 227-1400

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

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