Delaware Theft, Burglary & Robbery Lawyer
The Best Defense Is an Experienced Criminal Defense Lawyer
If you have been accused of theft, shoplifting, burglary, or robbery in Delaware, it is crucial to seek legal representation from an experienced criminal defense lawyer as soon as possible. The consequences of a conviction for any theft‑related crime can be severe and long‑lasting, including fines, imprisonment, probation, and a criminal record that may affect employment, housing, licensing, and other opportunities for years to come.
Working with a theft crime lawyer in Delaware means having an attorney who understands Delaware criminal law and the criminal justice system — from Justice of the Peace Courts that handle shoplifting and petty theft to the Court of Common Pleas and Superior Court where more serious misdemeanor crimes, burglary, robbery, and felony cases are heard. At Schmittinger & Rodriguez, our criminal defense lawyers provide personalized attention, aggressive representation, and a deliberate defense strategy designed to minimize exposure and pursue the best possible outcome in every case.
We begin by conducting a thorough investigation of the facts surrounding your case: reviewing police reports and security footage, evaluating evidence presented by the prosecutor, interviewing witnesses, and consulting with experts where necessary. We then develop a tailored strategy that fits your situation — whether that means challenging probable cause for your arrest, contesting the strength of the evidence, negotiating charge reductions, or preparing for trial.
Our attorneys are skilled negotiators and litigators who are not afraid to fight for your rights in and out of court. If you are facing theft charges, burglary allegations, robbery charges, or other criminal problems in Delaware, we are here to protect you, your record, and your future. Confidential consultation options are available so you can speak openly about your case from day one.
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Types of Theft‑Related Criminal Charges in Delaware
Delaware criminal law recognizes a wide range of theft‑related offenses, from minor shoplifting allegations to serious felony charges such as burglary and robbery. Our criminal defense attorneys defend clients across the full spectrum of charges, including:
Shoplifting and petty theft: Shoplifting and petty theft are often handled in Delaware’s Justice of the Peace Courts, where allegations typically involve taking merchandise from a retail store without paying, concealing items, or altering price tags.
Misdemeanor theft charges: Theft of property valued below statutory thresholds is generally charged as a misdemeanor. These criminal charges may be heard in the Court of Common Pleas and can still carry significant penalties, including jail time, probation, fines, and a criminal record.
Felony theft charges
Theft of higher‑value property is treated as a felony, with more severe penalties and greater long‑term risk to your criminal record and future. Felony theft cases are exclusively heard in Delaware’s Superior Court.Burglary: Burglary involves unlawful entry into a building or structure with the intent to commit a crime inside — often theft or another offense. Because burglary is a serious felony, you need an experienced burglary lawyer in Delaware who understands how burglary charges are built, how intent is proven, and how to challenge the prosecution’s case in Superior Court.
Robbery: Robbery occurs when property is taken from another person by means of force or the threat of force. Robbery is treated as a violent felony with severe penalties and long‑term consequences. Working with a seasoned robbery lawyer in Delaware is essential when your freedom and record are on the line.
Identity theft, fraud, and embezzlement: Embezzlement and fraud are complex white‑collar crimes requiring extensive financial analysis, while identity theft involves using someone else’s personal information to obtain property or services. These criminal cases often involve substantial evidence and require careful review of documents and digital records.
Receiving stolen property and related offenses: Delaware law recognizes offenses such as receiving stolen property and unlawful use of a credit card. Even if you did not personally take the property, receiving stolen property can result in misdemeanor or felony charges depending on the value and circumstances.
Our criminal defense lawyers also represent clients in related areas — including drug crimes, gun crimes, domestic violence, sex crimes, DUI cases, reckless driving, and assault — offering comprehensive criminal law services for clients across New Castle County, Kent County, and Sussex County.
Delaware Theft Law and Felony Thresholds
Understanding when theft becomes a felony is critical for anyone facing theft charges in Delaware. Under Delaware theft law:
Misdemeanor theft: Theft of property below certain value thresholds is typically charged as a misdemeanor. Misdemeanor theft may still result in jail time, probation, fines, and a lasting conviction on your record.
Felony theft: Theft of property above these thresholds is charged as a felony, with penalties that can include lengthy prison sentences, higher fines, and more significant collateral consequences. Felony charges are heard in Superior Court, and repeat offenses or aggravating factors can further increase penalties.
The lowest sentence for theft often depends on whether the charge is a misdemeanor or felony, the value of the property, and your prior record. A first‑time misdemeanor theft, for example, may carry a shorter jail term, probation, community service, or diversion in some Justice of the Peace Courts, whereas felony cases carry a higher sentencing range and a greater risk.
Because even “low‑level” theft convictions can have long‑term effects — including difficulty finding work or housing — hiring a theft crime lawyer in Delaware as early as possible is crucial for minimizing exposure and protecting your rights.
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The Criminal Defense Process in Delaware Courts
Delaware’s criminal justice system involves several different courts and procedures, depending on the nature of the criminal charges.
Justice of the Peace Courts: Shoplifting and petty theft are often handled in Justice of the Peace Courts, which deal with lower‑level offenses and may provide diversion programs for first‑time offenders in non‑violent theft cases.
Court of Common Pleas: The Court of Common Pleas handles many misdemeanor crimes in Delaware, including certain theft charges, DUI cases, simple assault, and other misdemeanor offenses.
Superior Court: Felonies, including serious theft, burglary, robbery, and other felony cases, are exclusively heard in Delaware’s Superior Court.
Family Court: Delaware Family Court handles juvenile matters and domestic violence cases, which may intersect with theft‑related allegations in some situations.
Most criminal cases begin with an arrest, bail setting, and an initial appearance in the appropriate court. It is important to choose a criminal defense lawyer who frequently practices in the specific county and court where your charges are filed — whether in New Castle County (sometimes informally referred to as Castle County), Kent County, or Sussex County — and who understands local judges, prosecutors, and procedures.
Hiring a lawyer as soon as possible after an arrest allows your attorney to start evaluating police reports, security footage, and witness statements early, and to protect your rights throughout the process.
Defense Strategies for Theft, Burglary and Robbery
Effective defense strategies in theft, burglary, and robbery cases require careful analysis of evidence, intent, and the circumstances of each alleged crime. Our criminal defense lawyers use a range of approaches, including:
Challenging probable cause and evidence: Defense strategies often begin by challenging probable cause for the stop or arrest and scrutinizing how police obtained evidence. Security footage, witness statements, and physical evidence must be carefully examined, and any constitutional violations can be raised to suppress improperly obtained evidence.
Questioning intent and identity: Intent is a key element of theft and shoplifting, and identity issues are common in busy retail environments. If you did not intend to steal or were misidentified, your attorney can present evidence that undermines the prosecution’s theory of the case.
Negotiating charge reductions or alternative sentencing: Attorneys may negotiate for charge reductions — for example, from felony theft to misdemeanor theft or from burglary to a lesser offense — or pursue alternative sentencing options, such as diversion programs or probation in suitable cases. Understanding local judges’ tendencies and the prosecutor’s practices helps shape these negotiations.
Preparing for trial and appeals: When negotiations do not produce a fair outcome, our defense lawyers prepare cases for trial, presenting a strong defense in court and challenging the prosecution’s evidence and witnesses. In some situations, post-conviction relief or appeals may be appropriate, and having a criminal defense lawyer who is comfortable at every stage — from initial charges through appeals — is a major asset.
A deliberate defense strategy considers the entire context of the case — your background, prior record, the nature of the allegations, and the risks of conviction — and is designed to protect your record and freedom.
Why Hire Schmittinger & Rodriguez
Hiring the right defense counsel is crucial for preserving your record and freedom. At Schmittinger & Rodriguez:
Our attorneys specialize in criminal defense rather than general practice, ensuring high‑stakes experience for theft, shoplifting, burglary, robbery, fraud, identity theft, and related criminal cases.
We have decades of combined experience in specific Delaware courts, including Superior Court, Court of Common Pleas, Family Court, and Justice of the Peace Courts.
We understand local court procedures and tendencies, and our relationships with local judges and prosecutors are major assets when negotiating plea deals or litigating at trial.
We focus on minimizing exposure and pursuing the best possible outcome — from seeking dismissal or reduction of charges to alternative sentencing that reduces the impact of a conviction on your daily life.
You do not need the “best lawyer” you find online — you need a criminal defense lawyer with real experience in Delaware criminal courts, who understands your situation and is prepared to fight for you. For qualifying individuals, the Office of Defense Services provides public defenders; for those seeking private representation, our firm offers experienced services and confidential consultation options statewide.
Contact Our Delaware Theft Crime Defense Team
If you or someone you love has been charged with theft, shoplifting, burglary, or robbery anywhere in Delaware — including New Castle County, Kent County, and Sussex County — do not wait to seek legal help. Early involvement from an experienced criminal defense lawyer can make a significant difference in protecting your rights, record, and future.
YOUR CASE. OUR PRIORITY.
📍 Dover Office
414 South State Street, Dover, DE 19901
📍 Middletown Office
651 N. Broad Street, Suite 203, Middletown, DE 19709
📍 Rehoboth Beach Office
18489 Coastal Highway, 2nd Floor, Rehoboth Beach, DE 19971
Confidential consultations available at all locations.