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Delaware Government Criminal Code Title 11 ............Delaware SENTAC Sentencing Guidelines
Menacing is an unclassified misdemeanor.
A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury.
Aggravated menacing is a class E felony.
(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.
Reckless endangering in the second degree is a class A misdemeanor.
Reckless endangering in the first degree is a class E felony.
It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
Abuse of a pregnant female in the second degree is a class C felony.
ABUSE OF A PREGNANT FEMALE IN THE FIRST DEGREE
A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
Abuse of a pregnant female in the first degree is a class B felony.
ASSAULT IN THE THIRD DEGREE
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
ASSAULT IN THE SECOND DEGREE
A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, correctional officer, a sheriff, a deputy sheriff, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer's official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or
(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or
(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or
(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or
(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or
(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this title; or
(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.
It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be 6 years of age or older.
Assault in the second degree is a class D felony.
ASSAULT IN THE FIRST DEGREE
A person is guilty of assault in the first degree when:
(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person's body; or
(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or
(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or
(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or
(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or
(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.
It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
Assault in the first degree is a class B felony.
ABUSE OF A SPORTS OFFICIAL
A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty:
(1) Reckless endangering in the second degree, or
(2) Assault in the third degree, or
(3) Terroristic threatening, or
(4) Criminal mischief.
For purposes of this section, the words "sports official" shall mean any person who serves as a registered, paid or volunteer referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words, "lawful performance of duty" means the time immediately prior to, during and/or immediately after the sporting event.
Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second or subsequent offense under this section, such person shall be guilty of a class G felony.
ASSAULT BY ABUSE OR NEGLECT
A person is guilty of assault by abuse or neglect when the person recklessly causes serious physical injury to a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
For the purposes of this section:
(1) "Child" shall refer to any person who has not yet reached that person's 14/ft/fh birthday.
(2) "Abuse" and "neglect" shall have the same meaning.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
Assault by abuse or neglect is a class B felony.
return to felonies ................. return to Criminal Defense Lawyer Richard Zemble home page
visit homicide codes ................................................visit gang participation codes
visit drug participation codes in Delaware
Delaware Government Criminal Code Title 11 ............Delaware SENTAC Sentencing Guidelines
visit homicide codes ................................................visit gang participation codes
visit drug participation codes in Delaware
Delaware Government Criminal Code Title 11 ............Delaware SENTAC Sentencing Guidelines
OFFENSIVE TOUCHING
A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim's duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter.
Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
MENACING
A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.Menacing is an unclassified misdemeanor.
A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury.
Aggravated menacing is a class E felony.
RECKLESS ENDANGERING IN THE SECOND DEGREE
A person is guilty of reckless endangering in the second degree when:(1) The person recklessly engages in conduct which creates a substantial risk of physical injury to another person; or
(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, the person knowingly, intentionally or with criminal negligence acts in a manner which contributes to or fails to act to prevent the unlawful possession and/or purchase of a firearm by a juvenile. It shall be an absolute defense to this paragraph if the person charged had a lock on the trigger and did not tell or show the juvenile where the key to the trigger lock was kept. It shall also be an absolute defense to this paragraph if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.
Reckless endangering in the second degree is a class A misdemeanor.
RECKLESS ENDANGERING IN THE FIRST DEGREE
A person is guilty of reckless endangering in the first degree when the person recklessly engages in conduct which creates a substantial risk of death to another person.Reckless endangering in the first degree is a class E felony.
ABUSE OF A PREGNANT FEMALE IN THE SECOND DEGREE
A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
Abuse of a pregnant female in the second degree is a class C felony.
A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
Abuse of a pregnant female in the first degree is a class B felony.
A person is guilty of assault in the third degree when:
(1) The person intentionally or recklessly causes physical injury to another person; or
(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, correctional officer, a sheriff, a deputy sheriff, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer's official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or
(5) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(6) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or
(7) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or
(8) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or
(9) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or
(10) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this title; or
(11) The person recklessly or intentionally causes physical injury to a law enforcement officer, security officer, fire policeman, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.
It is no defense, for an offense under paragraph (a)(5) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
It is no defense, for an offense under paragraph (a)(10) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be 6 years of age or older.
Assault in the second degree is a class D felony.
A person is guilty of assault in the first degree when:
(1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person's body; or
(3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or
(4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or
(5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or
(6) The person intentionally causes serious physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor or any other person while such person is rendering emergency care; or
(7) The person intentionally causes serious physical injury to another person who is 62 years of age or older.
It is no defense, for an offense under paragraph (a)(7) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
Assault in the first degree is a class B felony.
A person is guilty of abuse of a sports official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty:
(1) Reckless endangering in the second degree, or
(2) Assault in the third degree, or
(3) Terroristic threatening, or
(4) Criminal mischief.
For purposes of this section, the words "sports official" shall mean any person who serves as a registered, paid or volunteer referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this section, the words, "lawful performance of duty" means the time immediately prior to, during and/or immediately after the sporting event.
Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor. Upon conviction for a second or subsequent offense under this section, such person shall be guilty of a class G felony.
A person is guilty of assault by abuse or neglect when the person recklessly causes serious physical injury to a child:
(1) Through an act of abuse and/or neglect of such child; or
(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child.
For the purposes of this section:
(1) "Child" shall refer to any person who has not yet reached that person's 14/ft/fh birthday.
(2) "Abuse" and "neglect" shall have the same meaning.
(3) "Previous pattern" of abuse and/or neglect shall mean 2 or more incidents of conduct:
a. That constitute an act of abuse and/or neglect; and
b. Are not so closely related to each other or connected in point of time and place that they constitute a single event.
A conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
Assault by abuse or neglect is a class B felony.
Felony Sentencing by the Courts
A Class A felony is more severely punished than the lower classification of Class B felonies and Class B felonies are more severely punished than Class C felonies and so forth. Also, the Statute of Limitations varies by jurisdiction and types of felony. I have identified the Delaware classifications of felonies, misdemeanors and violations, and the sentencing for each charge on the Delaware felony sentencing guidelines page, the misdemeanors and violations sentencing guidelines page and the SENTAC charts for sentencing guidelines. For crimes that are served by federal courts, I have selections from the Sentencing Guidelines from the Federal Sentencing Commission.return to felonies ................. return to Criminal Defense Lawyer Richard Zemble home page
visit homicide codes ................................................visit gang participation codes
visit drug participation codes in Delaware
Delaware Government Criminal Code Title 11 ............Delaware SENTAC Sentencing Guidelines
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.