Delaware Felony: Laws, Penalties, Sentencing, and Records

In Delaware, a felony is a major criminal offense that may result in punishment in state prison for more than one year. It carries weighty penalties that include prison time, fines, loss of civil rights, and a permanent criminal record.

What Is Considered a Felony in Delaware?

A felony case is explicitly defined in Title 11 of the Delaware Code. This code lists the framework for felonies as well as outlines the types and corresponding penalties for felonies in the state. It is common to find felony cases in the state that include:

• Violent Crimes: Crimes include murder, manslaughter, first-degree assault, robbery, and rape.
• Drug-related Crimes: All crimes associated with drugs, which include illegal transportation, manufacturing, and possession of banned substances.
• Property Crimes: Felonies that include burglary, arson, and theft of high-value property.
• White-CollarCrimes: Crimes that are committed in the offices, such as fraud, identity theft, and embezzlement.
• Weapons Offenses: Include possession of a firearm by a prohibited person, or using a deadly weapon during a felony.

What Is a Felony in Delaware?

The law defines a felony as any crime punishable by more than one year in the custody of facilities in the Delaware Department of Correction. There are consequences of a felony case for a convict in Delaware, which include:

• Imprisonment in a state prison for many years or for life.
• Fines that depend on the class of felony.
• Loss of civil rights, which include firearm ownership, jury service, and the right to vote.
• Criminal records, which remain public unless sealed or expunged.

Felony Classes and Penalties in Delaware

The state law classifies felony offenses into seven classes (A, B, C, D, E, F, and G). There are different sentencing ranges and penalties for each class of offense.

Delaware Felony Classes

• Class A Felony
  • This is reserved for the most serious crimes in the state.
  • Penalty: Convicts receive life imprisonment without the option of parole.
• Class B Felony
  • Includes crimes related to second-degree murder, first-degree rape, and armed robbery.
  • Penalty: Convicts serve 2 to 25 years in prison.
• Class C Felony
  • Includes manslaughter, first-degree assault, and large-scale drug trafficking offenses.
  • Penalty: Up to 15 years in prison.
• Class D Felony
  • Includes burglary in the second degree, fraud, and theft of property valued at $50,000 or more.
  • Penalty: Up to 8 years.
• Class E Felony
  • Includes crimes such as theft, drug distribution offenses, and weapons violations.
  • Penalty: Up to 5 years.
• Class F Felony
  • Includes lower-level burglary, forgery, and minor thefts.
  • Penalty: Up to 3 years.
• Class G Felony
  • Crimes include minor property thefts and regulatory violations.
  • Penalty: Up to 2 years.

Felony Sentencing Guidelines in Delaware

Several statutory ranges and judicial discretion typically influence sentencing in the state of Delaware. Some key sentencing factors include:

• Statutory Sentencing Ranges: This is defined by the class of felony committed by the suspect.
• Aggravating Factors: These are circumstances that may make a punishment more serious. They may include the use of firearms, crimes against vulnerable victims (such as children or the elderly), prior violent felonies, or involvement in gang activity.
• Mitigating Factors: First-time offenders, cooperation with authorities, or rehabilitation efforts may reduce the sentence length in a court ruling.
• Habitual Criminal Statute: Offenders who commit repeated violent felonies may face harsher penalties, including life sentences.
• Probation and Parole: Convicts involved in some felonies, especially nonviolent ones, may be eligible for probation and parole.

Felony Laws and Procedures in Major Delaware Cities

It is necessary to contact the Superior Court to learn about related laws and procedures concerning felonies in cities across the State of Delaware.

Wilmington (New Castle County)

Felony cases in Wilmington are prosecuted in the New Castle County Superior Court. Over time, the court has recorded the state’s highest volume of violent and drug-related crimes. Information on felony and related criminal laws is accessible on the court’s website and the clerk’s office.

Dover (Kent County)

Felony prosecutions in Dover occur in the Kent County Superior Court. This court deals with a significant number of property crimes and mid-level drug felonies.

Georgetown (Sussex County)

The Sussex County Superior Court in Georgetown oversees felony cases in southern Delaware, with a focus on drug distribution and agricultural-related property crimes.

How to Search for Felony Records in Delaware

The state of Delaware provides several options for interested parties to access criminal records that contain felony information. Some options to access these records include :

Delaware Courts Online Case Search

The Delaware Judiciary Branch maintains a Case Database that allows the public to search for criminal records containing felony case information. They may search for the case information by name, case number, or case type.

Superior Court Clerk’s Offices

Certain copies of criminal records are not available on online portals. Parties may visit the Superior Court Clerk’s offices in their county to obtain copies of crime records. They may be required to show proof of identification and pay certain fees for the documents.

Delaware State Bureau of Identification (SBI)

Individuals may obtain copies of Certified Criminal History Records from the Delaware State Police (DSP). The DSP maintains statewide criminal history records, which include information on felonies.

Local Police Departments

Individuals may also contact their local police department to access felony case files as long as they do not involve active or pending criminal investigations.

Open vs. Sealed Records

• Open Records: These are felony convictions that remain accessible to the public.
• Expungement: In Delaware, certain felony cases are sealed due to statute or expunged and unavailable to the public.

Why Understanding Felonies in Delaware Matters

Since convictions in felony cases may impact an individual's life, it is essential to understand all processes involved in the prosecution of felonies in Delaware. Felonies may result in imprisonment, fines, loss of civil rights, reduced employment opportunities, housing, and professional licensing. To navigate the justice system, it becomes necessary for all parties, including employers and organizations, to understand felonies and make informed decisions.

The state classified felonies into seven categories, with different penalties ranging from 2 years to life imprisonment for felons. The length of sentences may depend on statutory laws, severity of the felony, aggravating and mitigating factors, and other reasons like repeated offenses.

Individuals interested in obtaining copies of felony records may access the documents online or visit the Superior Court Clerks, or the Delaware State Police.