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Delaware SENTAC Sentencing Guidelines

BURGLARY

Burglary, or breaking and entering, is the unlawful entering of a building or automobile with the intent to commit a crime. Burglary involves trespassing but is not limited to theft. It can be a part of theft, assault, vandalism, rape, arson, kidnapping, identity theft, a violation of civil rights and other crimes.

In Delaware, a person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class F felony.

A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully:
(1) In a dwelling with intent to commit a crime therein; or
(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:
......a. Is armed with explosives or a deadly weapon; or
......b. Causes physical injury to any person who is not a participant in the crime.
Burglary in the second degree is class D felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class C felony.
Any person convicted of burglary in the second degree shall receive a minimum sentence of:
(1) One year at Level V; or
(2) Three years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary first or second degree conviction.

A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling at night (night is 30 minutes after sunset to 30 minutes before sunrise) with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight therefrom, the person or another participant in the crime:
(1) Is armed with explosives or a deadly weapon; or
(2) Causes physical injury to any person who is not a participant in the crime.
Burglary in the first degree is a class C felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class B felony.
Any person convicted of burglary in the first degree shall receive a minimum sentence of:
(1) Two years at Level V; or
(2) Four years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary first or second degree conviction.

A person may be convicted both of burglary and of the offense which it was the purpose of the person's unlawful entry to commit or for an attempt to commit that offense.

ROBBERY

In Delaware, a person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to:
(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or
(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.
Robbery in the second degree is a class E felony.
In addition to its ordinary meaning, the phrase "in the course of committing theft" includes any act which occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft.

A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime:
(1) Causes physical injury to any person who is not a participant in the crime; or
(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or
(3) Is armed with and uses or threatens the use of a dangerous instrument; or
(4) Commits said crime against a person who is 62 years of age or older.
Robbery in the first degree is a class B felony.
Any person convicted of robbery in the first degree shall receive a minimum sentence of:
(1) Three years at Level V; or
(2) Five years at Level V, if the conviction is for an offense that was committed within 10 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 10 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date.

Different states have different definitions of the crimes of robbery, including:

° strong arm robbery - the offender uses force to take goods from the victim
° armed robbery - the offender uses a weapon to take goods from the victim
° aggravated robbery - the offender uses a deadly weapon to take goods from the victim
° highway robbery - the offender uses the crime of mugging outside and in a public place
° carjacking - the offender assaults the victim to take a vehicle from the victim
° extortion - the offender uses violence or the threat of violence to obtain money, property or services from a person or person's entity or institution.
° organized retail crime - organization of offenders uses theft crimes of shoplifting, cargo theft and retail crime rings. According to the FBI, organized retail crime steals $30 billion/year.

MOTOR VEHICLE THEFT

Motor vehicle theft, or grand theft auto, is the criminal act of stealing or attempting to steal any motorized vehicle - automobile, truck, bus, van, motorcycle, snowmobile, trailer or watercraft. In the US (2005) there were approximately 1.2 million motor vehicle thefts, or 416.7 motor vehicles stolen for every 100,000 inhabitants, or 1 vehicle theft for every 240 people in the US. Property losses in 2005 were estimated at $7.6 billion (Wikipedia). The most frequently stolen vehicles in the US include the Toyota Camry, the Honda Accord, the Jeep Cherokee and the Cadillac Escalade.

METHODS OF STEALING A MOTOR VEHICLE

° Theft without a key - by breaking and entering (use of Slim Jim or slide hammer puller)and hotwiring to start the vehicle or by towing
° Theft with a key - accused has access to keys (child or employee)
° Opportunistic theft - owner has left the vehicle with the keys visible or with the car idling
° Carjacking - assault is used in the taking of a vehicle by force or threat of force from its owner or operator, sometimes taking the owner as hostage. Carjacking is a federal crime, subject to 15 years confinement in prison.
° Fraud - purchase with a fraudulent transfer of funds that the seller will ultimately not receive. Car is usually resold quickly.

CARJACKING

In Delaware, a person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress or otherwise without the permission of the other person, and:
(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or
(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of § 4177 of Title 21; or
(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16; or
(4) While in possession or control of such vehicle or while in the course of taking or attempting to take possession or control of such vehicle the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon.
(5) While in possession or control of such vehicle the person causes physical injury to another person; or
(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62 years of age or older or 14 years of age or younger.
Carjacking in the first degree as defined in paragraphs (a)(4), (a)(5) and (a)(6) of this section is a class B felony.
It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.

PREVENT YOUR CAR FROM BEING STOLEN
° Lock the steering wheel (The Club) or brake pedal
° Use Immobilisers (key must contain computer chip or the ignition won't start)
° Use the car alarm system
° Use microdot ID tags
° Use killswitch circuits (hide under the seat)
° Use signage as a deterrant
° VIN etching
° Install a tracking system (Onstar) to help police recover stolen vehicles or disable car remotely.


return to Theft..............................return to felonies and misdemeanors
return to Criminal Defense Lawyer Richard Zemble home page
visit homicide codes ............................visit gang participation codes
visit drug participation codes in Delaware