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DELAWARE SENTENCING GUIDELINES FOR MISDEMEANORS AND VIOLATIONS

CLASS A MISDEMEANORS (VIOLENT) (MA1)

Reckless Endangering 2nd Degree (Special DV Category May Apply); Assault 3rd Degree (Special DV Category May Apply); Abuse of Sports Official (1st Offense); Terroristic Threatening (Special DV Category May Apply); Incest (Special DV Category May Apply); Unlawful Sexual Contact 3rd Degree (SpecialDVCategory May Apply); Sex Offender Unlawful Sexual Conduct Against a Child; Assault 2d Degree Against Law enforcement Animal; Criminal Contempt: DV Protective Order (SpecialDVCategory May Apply); Hate Crime (Underlying Offense: Violation or Unclassified Misdemeanor); Carrying Concealed Dangerous Instrument; Abuse/Neglect of Patient in Residential Facility;Abuse/Neglect of Infirm Adult.

CLASS A MISDEMEANORS (ESCAPE)(MA2)

Escape 3rd Degree (Special Escape Category May Apply)

CLASS A MISDEMEANORS (PROPERTY)(MA3)

Reckless Burning/Exploding (< $1500); Cross or Religious Symbol Burning; Criminal Mischief (>$1000-<$5000); Graffiti and Possession of Graffiti Implements (<$1500 damage); Criminal Trespass 1st Degree; Shoplifting (<$1500); Use of Illegitimate Sales Receipt/UPC Label (<1500); Theft (<$1500); Theft: Organized Retail Crime (V<62, not infirm, value < $1,000); Misapplication of Property (< $1500); Theft of Rental Property (< $1500); Receiving Stolen Property (< $1500); Selling Stolen Property (<$1000); Unauthorized Use of a Vehicle; Unlawful Operation Recording Device (Motion Picture); Forgery 3rd Degree; Defrauding Secured Creditors; Fraud in Insolvency; Issue Bad Check (< $1500); Unlawful Use Credit Card (< $1500); Deceptive Business Practices; Home Improvement Fraud (< $1500); New Home Construction Fraud (<$1,500); Ticket Scalping (Prior Conviction); Trademark Counterfeiting (No priors/<100 items/<$2,000); Unauthorized Computer Access (<$500); Theft Computer Services (<$500); Interruption Computer Services (<$500); Misuse Computer System Information (<$500); Destruction Computer Equipment (<$500); Unauthorized Electronic Mail (<$500); Fail Cease Electronic Communication (<$500); Computer Offenses Penalties (<$500); Video Lottery Cheat Device; Exploit Patient’s Resources (<$1000); False Statement to Obtain Benefits (<$500); False Benefit Reimbursement Statement (<$500); Unlawful Conversion of Benefits (<$500); Exploitation of Infirm Adult (<$500).

CLASS A MISDEMEANORS (ORDER & DECENCY)(MA4)

Criminal Solicitation 3rd Degree; Conspiracy 3rd Degree; Offensive Touching; Unlawfully Administer Drugs; Self Abortion; Indecent Exposure 1st Degree; Unlawful Imprisonment 2nd Degree (Special DVCategory May Apply); Interference with Custody (Special DV Category May Apply); Coercion (Special DV Category May Apply); Falsifying Business Records; Tampering w/ Public Records 2nd Degree; Offering False Instrument for Filing; Bribery; Receiving a Bribe; Interference Levied-Upon Property; Criminal Impersonation; Execution of Document by Deception; Ticket Scalping; Sale Transferred Recorded Sound; Endanger Welfare of Child (Special DV Category May Apply); Endanger Welfare of Incompetent; Aggravated Criminal Non-support (Prior Conviction); Body Piercing & Tattoos (Prior Conviction); Tongue Splitting 1st Degree; Give Unlawful Gratuity; Receive Unlawful Gratuity (value < $1,000); Improper Influence; Official Misconduct; Profiteering; Perjury 3rd Degree; Make False Written Statement; Obstructing Firefighting; Hinder Prosecution of Misdemeanor; False Report Incident/Child Abduction; Compound a Crime; Abetting Violation of Driver’s License; Promote Prison Contraband; Resist Arrest Without Violence; Use of Animal to Avoid Capture; Misuse of Prisoner Mail; Tampering w/Juror; Misconduct by Juror; Criminal Contempt; Disorderly Conduct: y/Funeral/Memorial Service; Harassment; Cruelty to Animals; Trade in Dog/Cat By-Products (Flesh); Dangerous Animal; Desecration; Abusing a Corpse; Violation of Privacy; Desecration of Burial Place; Obscene Literature Harmful to Minors; Advancing Gambling 2nd Degree; Foreign Lotteries; Advancing Gambling 1st Degree; Providing Premises for Gambling (Prior Conviction w/in 5 yrs); Possession Gambling Device; Interest in Keeping Gambling Device; Unlawful Dissemination Gambling Information; Maintaining an Obstruction (Prior Conviction w/in 2 yrs); Improper Request/Dissemination Criminal History Check; Firearm Sale Violation; Allow Unlawful Access to Firearm by Minor; Possession Weapon in Safe School/Recreation Zone (Underlying Offense: Class B Misdemeanor); Refusal to Permit Photo or Fingerprints; Refusal/Neglect/Hinder Report; Unlawful Use of Criminal History Record Information; Fail to Obtain Child Sex Abuser Information; Fail to Correct Abuse/Neglect of Patient in Residential Facility; Transfer/Alter/Possess Food Stamps (<$500).
CLASS A MISDEMEANORS (CONTROLLED SUBSTANCES)(MA5)
Sale of Pseudoephedrine/Ephedrine; Possess/Use/Consumption Narcotic/Counterfeit w/out Rx; Refuse/Fail to Make/Keep/Furnish Required Record; Keeping Drugs in Original Container; Possession of Drug Paraphernalia.
CLASS B MISDEMEANORS (MB)
Vehicular Assault 2nd Degree; Issuing Abortion Articles; Possession of Graffiti Implements; Trespass with Intent to Peep; Unlawful Operation Recording Device (Still Photograph); Debt Adjusting; Ticket Scalping; Unlawful Dealing with Child; Criminal Non-support; Body Piercing & Tattoos; Tongue Splitting 2nd Degree; Refusing to Aid Police Officer; Obstructing Control of Rabies; Criminal Contempt; Unlawful Grand Jury Disclosure; Malicious Interference with Emergency Communications; Trade in Dog/Cat Byproducts (Fur/Hair); Trading in Human Remains/Funerary Objects; Lewdness; Prostitution; Permitting Prostitution; Unlawful Dealing with Knuckles-Combination Knife; Unlawful Dealing with Martial Arts Throwing Star; Poss. Weapon in Safe School/Recreation Zone (Underlying Offense: Unclassified Misdemeanor); Possess/Use/Consume Controlled Substance (Nonnarcotic); Possession of Noncontrolled Prescription Drug.

UNCLASSIFIED MISDEMEANORS (UM)

Offensive Touching (Special DV Category May Apply); Menacing (Special DV Category May Apply); Substances Releasing Vapors or Fumes; Sexual Harassment (Special DV Category May Apply); Indecent Exposure 2nd Degree; Criminal Mischief (<$1000); Criminal Trespass 2nd Degree; Unlawful Telecommunication Device; Unlawful Use of Consumer Identification Information; Unlawful Use of Credit Card Information; Unlawful Printing Credit Card Receipt; Improper Labeling (<100); Video Privacy Protection; Endangering Children; Harassment of Law Enforcement Animal; Disorderly Conduct (Special DV Category May Apply); Public Intoxication (3rd Offense w/in 1 Year); Criminal Nuisance; Obstructing Ingress/Egress at Public Building; Patronizing a Prostitute; Providing Premises for Gambling; Unlawful Dealing with Dangerous Weapon; Unlawful Dealing with Switchblade; Fail to Answer Summons; Breach of Conditions of Bail; Breach Conditions of Release (Misdemeanor); Furnishing Contraband; Threat/Coerce/Intimidate to W/D Medical Treatment; Violations Concerning Vital Statistics Records; Possession of Hypodermic Syringe; Advertisement of Drug Paraphernalia; Violation of Fire Regulations.

VIOLATIONS (V)

Criminal Trespass 3rd Degree; Tobacco Sale Violations: Sell/Distribute to u/18; Tobacco Sale Violations: Fail to Post Notice to u/18; Tobacco Sale Violations: Dist Samples/Coupons to u/18; Tobacco Sale Violations: Dist by Vending Machine; Tobacco Sale Violations: Sell from Unlawful Package; Public Intoxication; Out-of-State Liquor Agent Registration; Loitering on State-Supported School Property; Loitering; Obstructing Public Passages; Smoking on Bus or Trolley; Engaging in Crap Game; Maintaining an Obstruction.

TITLE 21 and TITLE 23 OFFENSES

Driving After Judgment Prohibited; Flee or Attempt to Elude; Unlawful Sale Traffic Control Signal Preemption Devices; Reckless Driving; Aggressive Driving; Careless or Inattentive Driving; Operation of Vehicle Causing Death; Driving a Vehicle While Under the Influence; Leaving the Scene of an Accident; Leaving the Scene of an Accident (Injury/Death); Operation of a Vessel or Boat While Under the Influence.

Return to Criminal Defense Lawyer Richard Zemble felonies page ..............Return to Attorney Richard Zemble home page
Visit the Federal Sentencing Code Guidelines.....Visit the State of Delaware Sentencing Accountability Commission web site
Return to the Delaware felony sentencing guidelines. ................................Delaware SENTAC Sentencing Guidelines Chart

criminal defense attorney Richard Zemble

The criminal defense law office of Richard Zemble, Attorney at Law, in Wilmington, Delaware, serves the legal needs of his clients in communities throughout all three counties of Delaware, New Castle county, Kent county and Sussex county, including Arden, Bear, Bellefonte, Bethany Beach, Bethel, Bowers, Bridgeville, Camden, Cheswold, Claymont, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Ellesmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Hockessin, Houston Kenton, Laurel, Leipsic, Lewes, Lincoln, Little Creek, Magnolia, Marydel, Middleton, Milford, Millsboro, Newark, New Castle, Newport, Odessa, Ocean View, Pike Creek, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, Stanton, Townsend, Wilmington, Woodside and Viola. The Richard Zemble law office serves the legal needs of clients from Pennsylvania in Philadelphia, Chester and Delaware Counties and from New Jersey. Zemble is a member of the Delaware Bar, the Pennsylvania Bar and the New Jersey Bar Associations. He also serves clients from Maryland who face criminal charges in Delaware.