First Degree Felony in Delaware

Under the Delaware Criminal Code, felonies are classified into several groups based on their severity. First-degree felonies are considered the most serious crimes and carry the heaviest penalties. Unlike many other states, Delaware does not generally use the first, second, or third-degree grouping system. Instead, it uses a letter-based class system, labelling its felonies from A to G, with most first-degree felony offenses corresponding to Class A felonies and Class G offenses being the lowest type of felony.

Delaware Code, Title 11(Crimes and Criminal Procedures), § 4201 separates felonies into seven categories for sentencing purposes. First-degree felonies are classified as Class A felonies and carry the most severe penalties, including life imprisonment without parole. Examples of crimes considered Class A felonies in Delaware include murder, rape, sexual assault, certain types of arson, and serious drug trafficking offenses. Record seekers may find comprehensive information on these types of crimes as part of Criminal Court Records.

Public Access to First Degree Felony Records in Delaware

Under Delaware’s Public Record Law, conviction records are generally considered public information. This means that court records and conviction records, including felony records, may be accessed via public information requests and searches made to the appropriate record custodians. However, the law provides exemptions to these requests, and specific information is exempt from public access. Juvenile, sealed, and expunged records are examples of records not eligible for public release.

The following methods are available to individuals seeking to obtain public felony records.

• County Clerks of Court: Record seekers may request conviction records and other court records by contacting the Superior Court Clerks for the respective county in Delaware where the case was heard. Requests may be made to the clerk using options such as in-person requests, mailed request forms, and online county search tools. Certified records and other copies of court records may be available for a copy fee.
• On-site Databases and Public Terminals: These public computers are typically available at county clerk offices and superior court locations. Visitors may use these terminals to look up court records and print out copies. Although using the computers may be free, printing and physical copies may require fees.
• The Delaware State Court Website: The CourtConnect online search tool is available for record seekers to find court records maintained by the Delaware Judiciary. Record seekers may search for court records on this platform by inputting search criteria such as names, case types, company names, and filing dates. The more information provided, the more accurate or streamlined the search.
• Delaware State Police-State Bureau of Investigation(SBI): Record seekers may obtain conviction records as part of criminal records and Criminal History/Background Checks from the SBI. These are comprehensive fingerprint-based checks for self requests and authorized record searches. A certified Delaware criminal history/background check typically costs $72, including fingerprinting fees.
• Third-party Record Websites: Third-party record websites allow users to look up conviction records online. Record seekers may typically access these services for a weekly or monthly subscription fee that differs according to each site. However, it must be noted that information on third-party sites may not be inaccurate or up-to-date.

Common Crimes Classified as Class A (First-Degree) Felonies in Delaware

Crimes considered first-degree or Class A in Delaware typically meet specific criteria. They are the most serious and dangerous crimes within the state’s laws, and they carry the highest penalties of 15 years to life imprisonment. Certain lower-class felonies may also be escalated to Class A if they involve additional factors such as violence or death. Examples of Class A Felonies in Delaware include the following.

• First-Degree Murder: This refers to the intentional killing of a person or intentionally causing a death during criminal activities. This is one of the most serious crimes, and adult offenders will typically be sentenced to life without parole. According to the FBI Crime Data Explorer, in 2024, there were 33 arrests for murder and homicide offenses in Delaware.
• First-Degree Rape: This is forced or non-consensual intercourse under aggravated conditions, such as threat, injury, or if the suspect is a repeat offender. Offenders will typically be sentenced to 25 years to life imprisonment without parole. According to data in the FBI Crime Data Explorer, Delaware law enforcement agencies reported 56 arrests for rape in 2024.
• Large-Scale Drug Trafficking: This involves the handling of significant amounts of illegal drugs with the intent of large-scale distribution. Most drug-related offenses are classified under lower classes, but the inclusion of other factors, such as violence, escalates them to Class A felonies. Although specific statistics for Class A felony drug offenses were not available, data from the FBI database indicate that 3556 arrests for various drug offenses were reported for 2024 in Delaware.

Prison Sentences and Fines for Class A (First-Degree) Felonies in Delaware

In the Delaware Crime and Criminal Procedure Statutes, sentencing for felonies depends on the class of felony. Each class has a given range for prison time, and fines are either given according to limits set by law or at the court’s discretion. Sentences may also be affected by the nature of the offense; higher fines and restitution may be awarded for more serious crimes that involve violence, the use of weapons, or repeat offenders.

The table below shows the prison time and fines for various types/classes of felonies in Delaware.

What is the Maximum Sentence for a Class A (First-Degree) Felony in Delaware?

The maximum sentence for a Class A (first-degree) felony is life imprisonment without the possibility of probation, parole, or any other form of reduction. This is specified under Title 11 § 4205(b)(1) of the Delaware Code. This penalty is typically reserved for the more serious felonies in Delaware, such as first-degree rape and kidnapping. It is also the punishment for capital cases, such as first-degree murder, since Delaware revoked the death penalty. Minors under 18 years who commit Class A felonies, such as first-degree murder, are typically sentenced to 25 years to life imprisonment as their maximum sentence.

In some cases, certain factors may elevate lesser felonies to Class A felonies, which carry the highest penalty of life imprisonment. Extreme violence, the use of deadly weapons, and crimes against children are among the factors that may elevate a Class B felony, such as manslaughter, to a Class A offense.

What is First Degree Murder in Delaware?

First-degree murder is one of the most serious crimes in Delaware’s Criminal Code. It is generally considered a Class A felony, which is the top tier of criminal offenses in Delaware. However, first-degree murder was also initially separated due to special sentencing laws. It was considered one of the capital offenses punishable by the death penalty until the state revoked this. Now, first-degree murder is punishable by life in prison with no chance of parole or probation.

Under Delaware Code 11 §636, an individual is guilty of murder in the first-degree when they do the following.

• Intentionally cause the death of another person.
• Recklessly cause a death while committing, attempting to commit, or while fleeing from committing any felony.
• Cause a person to commit suicide by threat, force, or duress
• Recklessly cause the death of any law enforcement officer, corrections employee, paramedic, EMT, firefighter, or marshal while such an officer is performing their duties
• Causing the death of another individual using a bomb or similar destructive device
• The suspect causes the death of an individual to prevent or avoid the lawful arrest or capture of a person in the course of or to assist the act of or an attempted escape in the second degree, or escape from conviction

Can Class A (First-Degree) Felony Records Be Sealed or Expunged in Delaware?

Charges for class A felonies in Delaware may only be sealed or expunged if they meet the following eligibility rules.

• An arrest or charge for a Class A felony may be expunged if the charges were dropped or the case was dismissed.
• If the prosecutor decided not to prosecute for various reasons, including a lack of evidence
• If the defendant was taken to court and was acquitted after the trial
• If the defendant was charged as a result of a mistaken identity

In general, lower-class felonies may qualify for expungement after a waiting period, but serious violent offenses may not be eligible for expungement. However, convictions for Class A felonies, including first-degree murder, kidnapping, rape, or arson, are not eligible for expungement. Crimes such as these are considered too serious to be removed from an offender’s records. Typically, only non-conviction charges for Class A felonies may be expunged under Delaware law.

Difference Between Class A (First-Degree) and Class B(Second-Degree) Felonies in Delaware

Felonies in Delaware are classified by severity using a class system with Class A (First-Degree) being the most serious and Class B just beneath it. Class A felonies(first-degree) are typically classed as the most serious offenses under Delaware law. Under Del. Code 11 § 4205 (b)(1),
penalties for such Class A felonies range from not less than 15 years to life imprisonment without parole if convicted. They carry such high penalties because they are generally first-degree offenses with aggravating factors such as violence, the use of a weapon, and death.

Class B felonies are typically second-degree felonies and carry sentences from 2 to 25 years in jail. These are also grave crimes, but courts have a wider discretion when considering the crimes and sentencing. While all Class A felonies are violent first-degree offenses, Class B felonies are typically second-degree offenses and may not involve violence, weapons, or death. Examples include attempted murder, arson, burglary, and drug trafficking.

Statute of Limitations for (First-Degree) Felony Charges in Delaware

The Statute of Limitations in Delaware is the legal deadline for state prosecutors to file criminal charges against a suspect or for a plaintiff to file civil charges against a defendant. Such a deadline aims to ensure that legal matters are handled promptly, balancing justice for victims and protecting a defendant from indefinite prosecution. Under Delaware law, specifically Delaware Code 11§ 205, Class A felonies, such as first-degree murder, do not have a statute of limitations. This means that prosecutors may file charges for Class A felonies indefinitely, no matter how long has passed.

Probation and Parole Eligibility for Class A (First-Degree) Felonies in Delaware

Probation is when a court orders supervision instead of prison time, and parole is a form of early release from prison after the convict has served a part of their sentence. According to the law, a convicted offender of a Class A felony in Delaware is typically sentenced to life in prison without the possibility of probation or parole. This means that Class A felony offenders are not eligible for either parole or probation in the state of Delaware.

Impact of a Class A (First-Degree) Felony Conviction on Criminal Records in Delaware

A conviction for a Class A felony in Delaware carries various long-term effects on the convict's life, even if they may avoid jail. As records of these offenses are not sealable or eligible for expungement, anyone may access such records via a public record request. Some ways a criminal record for a Class A felony may affect a convict’s life include the following.

• Housing: Private landlords and public housing authorities may perform background checks and often deny housing applications to people with felony convictions. This generally holds for convicts with records for drug, violence, and gang-related crimes.
• The Right to Bear Arms: Under Delaware Code 11 § 1448, any person convicted of a felony crime is prohibited from purchasing, owning, or controlling a deadly weapon or ammunition for a firearm in Delaware.
• Voting Rights: Individuals locked up for a felony offense in Delaware lose their voting rights while in jail. Typically, these rights are reinstated on release, except for Class A offenses such as rape and murder, which may lead to permanent loss of voting rights.
• Immigration Status: A noncitizen with a Class A felony conviction will typically be deported after their sentence. Such a conviction on their record may lead to the denial of entry or naturalization applications. Offenses concerning drugs, sexual crimes, and violence are particularly noted during immigration matters.
• Employment: Felony convictions typically show during standard background checks during employment and professional licensing processes. Employers may choose not to hire felons for jobs involving minors, trust, and security clearance.