Felony in Delaware
The felonies of Delaware are broken into different class categories ranging for A to G. The highest of felonies is the Class A Felony.
Class A Felonies includes murder by abuse, neglect in the first degree, murder in the first degree, murder in the second degree, and rape in the first degree. Punishments for Class A Felonies range from no less than fifteen years in prison up to a life prison sentence.
Class B Felony offenses are punishable by no less than two years in a state prison and no more than twenty-five years in prison. This felony class includes kidnapping, abuse of a pregnant female in the first degree, robbery, assault in the first degree, assault by abuse, assault by neglect, manslaughter, murder by neglect, and murder by abuse.
Class C Felonies are punishable by up to fifteen years in a state penitentiary. Class C Felonies include sexual crimes, abuse of a pregnant female in the second degree, arson in the first degree, and an act committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, assist in, or further any criminal conduct through gang members.
Class D Felonies include assault in the second degree and driving under the influence offenses. In the state of Delaware Class D Felonies are punishable by up to eight years in a state prison facility. Class E Felonies are punishable by up to five years in a state prison. The felonies in this class include crimes of reckless endangerment in the first degree, vehicular homicide in the first degree, carjacking in the second degree, and extortion.
Class F Felonies include hoax devices, vehicular assault in the first degree, and vehicular homicide in the second degree. Punishment for Class F Felonies include up to three years of imprisonment in a state prison.
Class G Felonies are the final category of Delaware felonies. This category includes abuse of sports officials, unlawfully administering a counterfeit substance, a controlled substance, or narcotic drugs, theft of rented property, and receiving stolen property. Punishments for Class G Felonies include up to two years in a state prison. All felony offenses can also include fines of several hundreds of dollars in addition to or instead of prison sentences.
Expungement is the erasure of criminal records. After an expungement has been granted the records will no longer be able to be accessed for civil use or by law enforcement agencies. The state of Delaware does not allow the expungement of felony offenses. Statutes of limitations apply in Delaware and include no limitation for murder or Class A Felonies, five years for any felony except those with no limitation, and two years for all crimes where the five years has expired for forgery, breach of fiduciary duty or actively concealed theft or misapplication of property through an employee, or fraud.
Those applying for expungement are often advised to consult a criminal defense attorney. He or she will be able to assist in the process and ensure that all the proper paperwork has been completed.