When Shoplifting Escalates to Second-Degree Robbery in Delaware
In Delaware, simply pushing a loss prevention officer while trying to shoplift turns a minor misdemeanor into Second-Degree Robbery. This is a Class E Felony that carries a potential sentence of up to 5 years in state prison.
Most people assume that shoplifting is merely a petty crime that results in a minor fine or probation. However, in Delaware, the line between a low-level misdemeanor and a violent felony is incredibly thin. If a suspect uses any amount of physical force to escape with stolen merchandise, the state automatically escalates the charge from simple shoplifting to Second-Degree Robbery.
This escalation catches many defendants completely off guard. A split-second decision to push past a security guard at a mall in Christiana or Wilmington can change the trajectory of your life. Felony convictions bring severe prison time and a permanent loss of civil rights. If you are facing an escalated robbery charge, you must find a highly experienced criminal defense attorney in our US Attorney Directory to protect your freedom in state court.
The Legal Definition of "Use of Force" in Delaware
To understand how shoplifting escalates, you must look at the Delaware Code. Under 11 Del. C. § 840, shoplifting simply means taking merchandise without paying for it. But under 11 Del. C. § 831, a person commits Second-Degree Robbery when, in the course of committing a theft, they use or threaten the immediate use of physical force upon another person.
The critical factor here is that the force does not need to be a punch or a weapon. In cases like Winborne v. State, 455 A.2d 357 (DE Supreme Court 1982), Delaware courts have established that any physical force used to retain the stolen property or facilitate an escape satisfies the robbery statute. The intent to steal combined with the use of force creates the felony.
Struggling with Loss Prevention Officers
Retail loss prevention (LP) officers are trained to stop shoplifters before they exit the store. If an LP officer grabs your arm to stop you, and you pull away violently or shove them to break free, you have just crossed the threshold into robbery. Even a minor scuffle that results in zero injuries is enough for the prosecution to pursue a felony indictment.
Using Force to Flee a Store
The use of force does not have to be directed at security personnel. If you run toward the exit with unpaid merchandise and deliberately shoulder-check a store employee or a random customer out of your way, you are committing robbery. The state views the physical contact as a means to complete the theft.
Why Dropping the Merchandise Doesn't Negate the Robbery Charge
A common misconception is that if you drop the stolen item during the struggle and run away empty-handed, you cannot be charged with robbery. This is entirely false. Under 11 Del. C. § 831(c), the phrase 'in the course of committing theft' includes any act occurring in an attempt to commit theft or in immediate flight afterward. Therefore, the crime of robbery is complete the moment force is used during the flight or attempt, and dropping the jeans or electronics does not undo the robbery charge.
Misdemeanor vs. Felony Penalties
The difference in legal consequences between shoplifting and robbery is staggering. Shoplifting under $1,500 is a Class A Misdemeanor, punishable by up to 1 year in jail. Second-Degree Robbery is a Class E Felony.
| Charge Level | Crime Classification | Maximum Prison Time |
|---|---|---|
| Simple Shoplifting | Class A Misdemeanor | Up to 1 Year |
| Second-Degree Robbery | Class E Felony | Up to 5 Years |
A felony charge means your case will be elevated from the Court of Common Pleas to the Superior Court. Depending on where the incident occurred, you will be prosecuted at the Superior Court of Delaware, Wilmington, the Superior Court of Delaware, Dover, or the Superior Court of Delaware, Georgetown.
How Much Does a Defense Attorney Cost in DE?
Defending a felony robbery charge is substantially more expensive than a misdemeanor. You should expect to pay a private criminal defense attorney between $3,500 and $7,500 as a retainer for a Superior Court case. If the case proceeds all the way to a jury trial, total legal fees can easily exceed $10,000 to $15,000 due to the intensive preparation and litigation required.
How Long Does the Criminal Process Take?
Felony cases take significantly longer to resolve than misdemeanors. Following an arrest, your attorney will file a demand for discovery under Del. Super. Ct. Crim. R. 16 to obtain store surveillance footage. It generally takes 4 to 8 months for the state to formally indict you, conduct discovery, and schedule plea negotiations. If a trial is necessary, the process can take well over a year.
Frequently Asked Questions (FAQ)
Can the robbery charge be reduced back to shoplifting?
Yes, it is possible. A skilled defense attorney may negotiate with the prosecutor to reduce the Class E Felony back down to a misdemeanor shoplifting charge, especially if the store surveillance video shows that the "force" was purely accidental or defensive.
Are loss prevention officers allowed to tackle me?
Retail stores have "shopkeeper's privilege" policies allowing them to reasonably detain suspects. However, if an LP officer uses excessive, unreasonable force, your attorney can argue that your struggle was self-defense, not an attempt to facilitate a robbery.
Does Second-Degree Robbery count as a violent felony?
Yes. In Delaware, Second-Degree Robbery is classified as a violent felony. A conviction will permanently strip you of your right to own a firearm and will severely impact your ability to find housing and employment.
What happens if I had a weapon in my pocket during the shoplifting?
If you are caught shoplifting while in possession of a deadly weapon, even if you do not use it, the charge can be elevated to First-Degree Robbery. This is a Class B Felony carrying a mandatory minimum prison sentence.
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