Defending Against Theft and Shoplifting Charges in Delaware

Theft and shoplifting are some of the most commonly charged crimes in Delaware. While people may think that these crimes are trivial in nature, they can actually have serious consequences. A person convicted of a theft crime can face a range of penalties, including fines, probation, restitution, and even jail. For people charged with theft crimes in Wilmington, DE, knowing how these crimes are charged and how they can be defended is crucial.

How does Delaware law define theft? 

Under the laws of Delaware, theft is the taking of another person’s property and exercising control over that property by an individual for the purpose of depriving the owner of that property. Shoplifting is a form of theft that usually happens in a retail environment and can include theft of goods without paying for them, tampering with the price tags of the goods, and concealing goods while still in the store.

Typically, retail theft cases start when a person working in a retail store suspects that a customer is attempting to leave the store without paying for goods. In most cases, the police are called to the scene of the crime.

The role of property value 

One of the most significant factors in a theft case is the monetary value of the alleged stolen property. Delaware theft cases are graded mainly on the dollar amount of the alleged theft.

Theft cases involving less valuable property are usually considered misdemeanors. However, in cases where the allegedly stolen property has a value of more than a certain amount, the theft can be tried as a felony. In felony theft cases, the penalties for the crime can result in severe monetary fines and jail time.

The monetary value of the stolen property can thus be a significant factor in a theft case.

Common defenses to theft charges

Each case is unique, and in most cases involving theft, there are issues of fact in dispute. There are a number of defenses available, depending on the facts of the case.

The first possible defense in a theft case is a lack of intent. To prove theft, there must be evidence of intent to deprive the owner of their property. If a person leaves a store with a piece of merchandise by mistake or forgets to pay for a piece of merchandise, there may be no evidence of intent.

Another possible defense in a theft case is mistaken identity. In many retail environments, there are cameras or witness testimony, but this may not necessarily identify a suspect.

The attorney defending a suspect in a case involving theft can also investigate whether there were any illegal procedures carried out by store personnel or law enforcement officers during their investigation. If evidence was obtained illegally or there was an illegal search, this evidence might not be permissible in court. 

Talk to a Wilmington, DE, Shoplifting Attorney Today 

Michael W. Modica represents the interests of those charged with theft in Wilmington. Call our Wilmington criminal defense lawyer today to schedule an appointment, and we can begin preparing your defense immediately.