Understanding Class A Misdemeanors in Delaware

In Delaware, offenses are broken down into felonies, misdemeanors, and violations to ensure that they are prosecuted or punished fairly based on their severity. Felonies and misdemeanors are further categorized into various classes to serve this purpose. For example, misdemeanors, which are the less severe offenses, are further classified into Class A, Class B, and unclassified misdemeanors (§ 4202 of the Delaware Code).

Class A misdemeanors do not rise to the level of severity required to be charged as felonies. However, they are still considered too serious to fall under the lower misdemeanor categories. In other words, Class A misdemeanors involve aggravating factors that justify stricter penalties than other misdemeanors, yet they do not meet the threshold necessary for felony classification.

Examples of Class A Misdemeanors in Delaware

Class A misdemeanors in Delaware cover a range of offenses, including certain types of assault, criminal trespass, and theft. Such acts may also be classified as felonies, but the specific facts of the case may allow the charge to remain within the misdemeanor category.

For example, assault in the third degree is treated as a Class A misdemeanor, while assault in the second degree is charged as a Class C or D felony. Both offenses involve assault, but the level of harm involved makes a significant difference. While third-degree assault often involves a minor physical injury, second-degree assault involves serious physical injury or other aggravating factors that make it serious enough to be prosecuted as a felony.

Many Class A misdemeanor offenses form the subject matter of Delaware Criminal Court Records. Common Class A misdemeanors, along with their descriptions and possible penalties, are outlined in the table below.

Penalties for a Class A Misdemeanor in Delaware

Title 11, § 4206 of the Delaware Code outlines the penalty for a Class A misdemeanor. Per the statute, the sentence for this category of offense may include:

• Jail term of up to 1 year at Level V
• Fine of up to $2,300
• Restitution
• Other conditions the court deems fit

According to the Department of Corrections (DOC), Level V incarceration means full-time (24 hours) incarceration in jail or prison. Other conditions that the court may impose as part of its sentencing may include house arrest, community service, probation, and a driver's license suspension. These sentences are often adjusted based on the presence of aggravating or mitigating factors.

Probation and Alternative Sentencing Options in Delaware

While Class A misdemeanor offenders face a maximum jail term and fines, the court has the discretion to impose other penalties based on the specific circumstances of the case. These include restitution, community service, house arrest, driver's license suspension, and diversion programs. However, in some cases, these alternative sentencing options are expressly provided for by statute.

For example, § 1305 of the Delaware Code stipulates that the sentencing options for desecration, a class A misdemeanor, may include restitution and 250 hours of community service. Additionally, per § 4329 of the Delaware Code, a sentencing judge may impose a house arrest sentence on an offender as an alternative to imprisonment. Under § 4333 of the Delaware Code, the courts are authorized to impose a probationary term not exceeding 1 year for most Class A misdemeanors.

Also, Delaware permits diversion programs for certain Class A misdemeanors, including reckless endangering in the second degree and offensive touching (§ 1024 of the Delaware Code).

Can a Class A Misdemeanor Be Expunged or Sealed in Delaware?

Yes. Delaware allows for the expungement of certain Class A misdemeanors after the applicant meets the stipulated eligibility requirements. According to the Delaware Courts' Expungement of an Adult Record document, misdemeanors in Titles 4, 7, 11, 16, and 23 of the Delaware Code are eligible for mandatory expungement when the case was finalized in the applicant's favor. If the applicant was convicted of 1 or more misdemeanors relating to the same case, 5 years must have passed since the conviction date, and the applicant must have no prior or subsequent convictions to be eligible for mandatory expungement.

Individuals who are not eligible for mandatory expungement may be qualified to have their misdemeanor records expunged through the courts in what is referred to as discretionary expungement.

However, certain Class A misdemeanors, such as vehicular assault in the second degree and incest, are ineligible for mandatory or discretionary expungement except the subject receives an unconditional pardon.

According to the Delaware Office of Defense Services (ODS), expungement helps remove affected arrests and charges from the subject's criminal history. This means that law enforcement and court records related to the expunged case will be removed from public access or view. This means that employers and housing providers will not see expunged information during routine background checks, significantly improving the applicant’s chances of securing a job or obtaining housing. Subjects are also allowed to legally refuse to disclose their arrest, charges, and convictions related to an expunged record.

The general rules for expungement for first-time, multiple offenses, and violent crimes are summarized below:

Long-Term Consequences of a Class A Misdemeanor Conviction

The consequences of a Class A misdemeanor conviction in Delaware extend beyond the immediate legal penalties. While the exact effects depend on the specific details of each case, individuals with a misdemeanor record often face the following collateral implications:

Employment Challenges

In Delaware, employers may conduct criminal background checks on applicants before considering them for a job role. A criminal record may disqualify a candidate from employment in certain sectors, particularly in industries that involve contact with children or vulnerable individuals.

Immigration

Non-citizens with a misdemeanor criminal record may face immigration consequences even after completing their sentencing requirements. Depending on the nature of the offense, a conviction may increase the risk of deportation, affect eligibility for certain non-immigrant visas, or make it harder to obtain permanent residency or citizenship.

Professional Licensing

Professional licensing bodies in Delaware often consider an applicant’s criminal history when ascertaining eligibility for a license. Certain Class A misdemeanor convictions may raise concerns about an applicant’s suitability to work in some industries or professions.

Family Law Issues

A criminal record may count against a person with a family law dispute in Delaware. This is especially true in child custody disputes where the criminal record shows a history of violence or domestic abuse.

What to Do if You’re Charged with a Class A Misdemeanor in Delaware

Individuals charged with a Class A misdemeanor in Delaware should consider consulting a lawyer as the first point of action. With the help of an experienced criminal defense attorney, accused persons are guided through the next steps to help them build a strong case. These include:

Understanding the Charges

It is crucial for individuals charged with misdemeanors in Delaware to accurately understand the nature of the charges and their potential severity. This helps ensure that the case receives the level of attention it deserves.

Attending all Court Hearings

Accused persons should make every effort to attend all scheduled court hearings. According to the Delaware Court of Common Pleas' Tips on Going to Court, failing to appear in court may result in an arrest warrant being issued against the defendant.

Proper Documentation and Evidence Gathering

Defendants in a misdemeanor proceeding should be guided on how to document relevant documents and gather adequate evidence for their case. Court processes rely heavily on essential documentation, and proper evidence gathering is crucial to strengthening the defendant's case.

Understanding Legal Rights

From the right to a speedy trial to the right to confront their accuser, an impartial jury, the right to appeal, and many more, accused persons should take the time to understand the full scope of their legal rights. This ensures they are adequately protected under the law, treated fairly, and able to identify any violations of those rights.

Trial Preparation

Defendants are advised to work closely with their attorneys to prepare adequately for trial. This often involves familiarizing oneself with case strategy, witness preparation, and sorting logistics, among other tasks.

Statute of Limitations for Class A Misdemeanors in Delaware

Section 205 of the Delaware Code highlights the time limitations for prosecuting various classes of offenses in the state. According to the statute, proceedings for Class A misdemeanors are generally barred if not initiated within 3 years of the offense. However, the law also provides for an extension of the timeframe in certain instances, including theft where the perpetrator is an employee, pledgee, bailee, or fiduciary. In such cases, prosecution may begin 2 years after the victim or any authorized agent discovers the crime, even if the standard 3-year statute of limitations has expired.

It is noteworthy that the Delaware statute of limitations does not run when:

• The accused is hiding from justice
• The accused becomes a fugitive by missing a court date
• Another prosecution for the same conduct has already been filed in the state