Felony Classifications in Delaware
In Delaware, a felony offense is considered more serious than a misdemeanor offense and carries a harsher sentence, typically a minimum of one year to be served in a state prison (though jail time can be much longer, depending on the crime’s felony classification and whether the crime was violent or nonviolent.) It is important for anyone charged with a felony to retain the services of a skilled criminal defense attorney who has experience in working with the local courts. It is also beneficial for the individual to understand Delaware’s felony crime classifications of Class A through Class G, and a criminal defense lawyer can provide the accused with more in-depth information about the classifications.
Class A Felony (FAV)
Felony crimes in Delaware, which carry with them no maximum fine amount, are the most serious crimes and often require the harshest sentences. A Class A felony (FAV) is a crime of violence, and Class A is the only felony classification in Delaware that does not include crimes of a non-violent nature. In some cases, a FAV decision can warrant a death sentence handed down by the court. Presumptive bail for this classification is typically between $40,000-$100,000 and/or incarceration ranging in time from 15 years to life.
Murder 1st Degree falls under the FAV classification in Delaware. Other crimes in this class include Hate Crime (Underlying Offense: Class A Felony), Rape 1st Degree, Trafficking of Persons and Involuntary Servitude, and Abuse/Neglect of Infirm Adult: Death.
Class B Felony
The Class B felony classification in Delaware requires presumptive bail amounts ranging between $20,000-$60,000. An individual found guilty of a Class B felony can usually expect to receive a sentence requiring a maximum time in jail of 2-25 years. There are two types of Class B felony classifications: Violent (FBV) and Nonviolent (FBN).
Class B Felony: Violent (FBV)
Crimes that fall under the FBV classification include Robbery 1st Degree, Kidnapping 1st Degree, and Carjacking 1st Degree. The violence involved in Possession of Deadly Weapon during Commission of a Felony makes this crime an FBV felony. Additional crimes under this classification include Dealing in Child Pornography, Dangerous Crime Against Child, and Home Invasion.
Class B Felony: Nonviolent (FBN)
FBN, or Class B: Nonviolent crimes, such as Theft (>$100,000), do not have the level of violence found in FBV crimes committed in Delaware. Health Care Fraud (Intended loss > $100,000/Provider) is also a Class B: Nonviolent crime. An additional crime in this classification is New Home Construction Fraud (Loss to buyer > $100,000).
Class C Felony
An individual charged with a Class C felony can expect presumptive bail to be set between $5,000-$20,000. The maximum jail time that a person convicted of a Class C felony may receive in Delaware is up to 15 years in a state prison.
Class C Felony: Violent (FCV)
Stalking with/Deadly Weapon is a serious crime and falls under the FCV classification. Promoting Prostitution 1st Degree is also included in this class. Additional crimes that a person may commit and be found guilty of in the FCV classification include Kidnapping 2nd Degree, Assault 2nd Degree, Arson 1st Degree, and Rape 4th Degree.
Class C Felony: Nonviolent (FCN)
Falsify Reimbursement Report is a crime that falls under Delaware’s FCN classification. Criminal Impersonation of a Police Officer w/Injury or Felonies is also included in this classification. Another example of an FCN crime is Benefit by False Representation.
Class D Felony
The presumptive bail for a person accused with a Class D felony ranges between $2,500-$10,000. The individual can expect a maximum of up to 8 years of jail time, to be served in a state prison.
Class D Felony: Violent (FDV)
Unlawful Sexual Contact 1st Degree is an example of a violent felony that is listed under Delaware’s Class D Felony: Violent classification. Another crime featured in this class is Crime Against a Vulnerable Adult. Additional crimes in the FDV classification include Arson 2nd Degree, Possession of a Firearm with Altered Serial Number, and Aggravated Intimidation of Witness &/or Victim.
Class D Felony: Nonviolent (FDN)
Identity Theft is considered a nonviolent crime in Delaware’s Class D felony classification. Perjury 1st Degree and Money Laundering are also FDN crimes. Some other crimes included in this classification are Unauthorized Computer Access, Unauthorized Electronic Mail, and Possession/Purchase Deadly Weapon by Prohibited Person.
Class E Felony
In Delaware, the presumptive bail for a person charged with a Class E felony is $1,000-$6,000. The individual can face a maximum jail time of up to 5 years.
Class E Felony: Violent (FEV)
Conspiracy 1st Degree is a crime that falls under Delaware’s Class E: Violent felony classification. Extortion and Carjacking 2nd Degree are also crimes that belong to this class. Other crimes in the FEV class include Sexual Extortion, Dangerous Animal: Death of Person, and Kickback Schemes.
Class E Felony: Nonviolent (FEN)
An individual who commits the crime of Computer Offense Penalties can be charged with a Class E felony, under the FEN classification. Fail to Cease Electronic Communication is another FEN crime in the Class E felony classification in Delaware. Some other crimes that are included in the FEN classification include Misrepresentation as to Operation of Provider/Facility and Misuse Computer System Information.
Class F Felony
The maximum amount of time a person can spend in a state prison when found guilty of a Class F felony is up to 3 years. The courts can set a presumptive bail amount for this individual in the $500-$3,000 range.
Class F Felony: Violent (FFV)
A Criminal Youth Gang: Recruitment/Retention: Violence or Threat charge is a Class F felony charge of violence in the state of Delaware. Stalking is also a crime that is listed under the FFV classification. Additional crimes in this class include Vehicular Assault 1st Degree, Unlawful Sexual Contact 2nd Degree, and Promoting Suicide.
Class F Felony: Nonviolent (FFN)
Cruelty to Animals and Fighting/Baiting Animals are Class F: Nonviolent felonies in Delaware. Another crime in this FFN classification is Criminal Solicitation 2nd Degree. Additional FFN crimes include Possession Weapon in Safe School/Recreation Zone (Underlying Offense: Class G Felony), Promoting Prostitution 3rd Degree, and Cruelty to Animals.
Class G Felony
A Class G felony is punishable by up to 2 years in a state prison in Delaware. An individual charged with a Class G felony can expect a presumptive bail amount ranging between $500-$2,000.
Class G Felony: Violent (FGV)
Unlawfully Dealing with a Dangerous Weapon is a crime that falls under Delaware’s Class G: Violent felony classification. A person found guilty of the crime of Unlawful Imprisonment 1st Degree is subject to jail time of up to 2 years. Other crimes listed in the state’s FGV classification include Crime Against a Vulnerable Adult, Exploit Patient’s Resources ($1,000+), and Stalking.
Class G Felony: Nonviolent (FGN)
Many crimes fall under Delaware’s Class G: Nonviolent classification. A person found guilty in Delaware of the crime of Tampering with Physical Evidence may receive a presumptive bail amount of $500-$2,000. Other crimes in the FGN classification are Bigamy, Theft: Motor Vehicle, and Unauthorized Computer Access.
Being accused of a felony can be a stressful time in a person’s life, and it is important to find a skilled criminal defense attorney to help the individual through the legal process and to give a voice to the accused. The dedicated criminal defense lawyers of Murray Phillips Law have extensive experience in defending individuals accused of felony crimes in Delaware’s courts. Murray Phillips P.A. has law offices in Delaware in the cities of Camden, Georgetown, and Wilmington.
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Mr. Ronald Phillips and Ms. Julianne E. Murray offer free legal consultation so you can talk to them to discuss your case. They can be reached by telephone at (302) 697-2499 in the Wilmington or Dover office and (302) 855-9300 in the Georgetown office. You can also send an email through the site’s contact form. Rest assured that you will be treated with utmost respect.