What is a Second Degree Felony in Delaware?

In Delaware, a second-degree felony is a type of felony that is less serious than severe crimes (like first-degree murder but more serious than offenses like misdemeanors. Title 11 of the Delaware Criminal Code. Chapter 42 of the Criminal Procedure classifies felonies from Class A to Class G, and second-degree felonies fall under Class C to D. Different types of crimes, especially second-degree felonies, are further classified under these classes. Examples of these second-degree felonies include burglary, carjacking, child abuse, rape, and assault, among others. Punishment for second-degree felonies varies by offense. They include imprisonment, supervision, or probation.

Which Crimes Are Considered Second Degree Felonies in Delaware?

Second-degree felonies are classified as Class C or Class D felonies in Delaware. Although they are serious felonies, they are classified as midlevel offenses, attracting less severe penalties than more serious felonies according to the law. Examples of second-degree felonies include the following:

• Assault in the Second Degree: intentionally or recklessly causing injury, especially when the victim is a protected professional. This is a Class D felony
• Burglary in the Second Degree: Breaking into a building or dwelling to commit a crime. This is a class C felony
• Robbery in the Second Degree: Unlawfully taking someone's property by intimidation or force.
• Drug Distribution: Delivering or selling substances classified as controlled per state law.
• Felony DUI (Third Offense): A third conviction for driving under the influence of alcohol
• Child Abuse in the Second Degree: Intentional harm or reckless exposure of a child to harmful conditions.
• Arson in the Second Degree: Intentionally causing a fire that causes property damage and endangers others.
• Second-Degree Murder: Although also a second-degree offense, this is more serious than other second-degree felonies according to 11 Del. C. § 635

What is Second Degree Murder and How is it Classified in Delaware?

Second-degree murder is when a person carelessly but unintentionally causes someone else to lose their life. There is no initial plan to kill in second-degree murders; it is usually due to reckless action, but the actions usually also show disregard for human life.

Second-degree murders are a class A felony (the highest felony level in Delaware) according to Title 11 Del. C. § 63. They can carry a prison sentence of up to 15 years. First-degree murders are more serious than second-degree murders because the murder is pre-planned and the defendant's actions are usually carried out with the intent to kill. Manslaughter, although similar to second-degree murder (both cause death due to the defendant's carelessness), a manslaughter charge is a less severe charge as there is no blatant disregard for human life.

Delaware Second Degree Felonies Penalties and Punishments

Second-degree felonies may be classified as serious offenses, but the penalties imposed for them can vary due to several factors. These factors include the defendant's criminal history, the caliber of the defendant's legal representation, the case details, and whether or not vulnerable victims were affected.

Typical penalties for second-degree felonies can range from fines to probation to parole or prison time. Penalties can also include mandatory treatment programs, loss of some rights (gun, voting). Penalties may also be reduced through negotiations with the prosecutor.

The table below contains some common felonies and their penalties.

Are Second Degree Felony Records Public in Delaware?

Yes. Unless expunged, sealed, or otherwise restricted by law, second-degree felony records are public in Delaware. This means that the records are available to any member of the public through a criminal history check or by visiting the courthouse with jurisdiction over the case. Court records that have gone through the legal process of being removed from public view or are classified confidential cannot be retrieved through background checks. Examples of such cases include juvenile cases or cases where the charges are dropped and the defendant is acquitted.

Under its Clean Slate Act, Delaware, like other U.S. states, allows for the automatic expunction of some criminal records, such as arrest records and misdemeanors. Delaware, however, differs in handling violent offenses, drug offenses, and repeat offenses. Second-degree felonies do not qualify for automatic expunction regardless of how much time passes.

How to Access Second Degree Felony Court Records in Delaware

As long as the record is public, it is possible to access second-degree felony court records in person, by mail, or online. Interested individuals can access public second-degree court records in Delaware using the following resources:

• Delaware Court Connect: It is a state online tool through which all public Delaware judicial records can be retrieved. A search for records, including second-degree felony records or judgments, can be carried out using search keys like the person’s name, business name, or the case type. For more precise results, individuals are advised to enter as much information into the search fields as possible.

• Delaware Superior Court: The Superior Court in Delaware has jurisdiction over felony cases. Individuals can visit the superior court or the county courthouse where the case was first filed to request access. They need to show a valid ID, fill out a request form, and pay applicable fees for copying the record. A mail request can also be written and sent to the appropriate court, including the defendant's name, case number, and the inquirer's contact information. The contact information and locations of the Delaware Superior Courts are as follows:

  New Castle County
  Leonard L. Williams Justice Center
  500 North King Street,
  Wilmington, DE 19801
  Phone: (302) 255-0800

  Kent County
  Kent County Courthouse
  414 Federal Street,
  Dover, DE 19901
  Phone: (302) 735-1900

  Sussex County
  Sussex County Courthouse 1
  The Circle, Suite 2,
  Georgetown, DE 19947
  Phone: (302) 855-7055

It is illegal to misuse court records under federal and state laws. Records that have been restricted, sealed, or expunged are restricted, so individuals are to avoid breaching these privacy laws by using the records for making decisions against the defendant (employment, credit, housing, etc.).

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. It is possible to reduce or dismiss a second-degree felony charge in Delaware using a plea bargain and other court processes. A plea bargain is when the defendant avoids trial or gets a reduced sentence by pleading guilty to a lesser charge. A prosecutor can also offer to reduce an individual’s sentence from a second-degree felony to a lesser charge if their argument is weakened due to new evidence or a witness being unable to testify.

As a case proceeds, a judge can also order that it be dismissed. Reasons why charges, including a second-degree felony charge, can be dismissed by the court include:

• procedural errors
• lack of probable cause
• If available evidence cannot successfully establish guilt

Under Title 11 Del. C. § 4220, a sentence modification, charge reduction, or dismissal can also be offered if the defendant assists the Attorney General in identifying or prosecuting other offenders. It is advisable to have legal counsel when pursuing a charge reduction or dismissal. The outcome of these processes typically depends on the case facts, the evidence collated, and the legal representation’s ability to negotiate with prosecutors.

Is it Possible to expunge or seal a Second-Degree Felony or Murder Record in Delaware?

No. Under Delaware’s Clean Slate Act, second-degree felonies do not qualify for automatic expunction. Second-degree felonies are excluded from this automatic process due to their severity. The automatic expunction is limited to some misdemeanors and low-level convictions. Convictions that are not eligible for automatic expungement include cases of violence, domestic abuse, abuse of children, or vulnerable adults.

Even if the case does not qualify for mandatory expunction, there is still an avenue for getting the criminal history expunged. Individuals with a second-degree felony conviction can pursue discretionary expungement (the judge may or may not grant the expunction request). The process of getting records expunged or sealed per the Delaware Court Guide is as follows:

• Complete preliminary eligibility requirements (e.g, have no new convictions, complete the waiting period post-conviction)
• File an expunction petition in the Superior Court of the county with jurisdiction over the case.
• Attend court hearing, if any, and receive the expungement order if the expunction is granted.

The Delaware Department of Labour offers the APEX program for individuals to get help with expunging and sealing their records.

How Long Do Second-Degree Felony Records Stay Public in Delaware?

Indefinitely. Second-degree felony records will typically remain public on a person's record in Delaware unless the individual goes through the legal process of getting them expunged. Delaware, unlike some states in the U.S., does not automatically expunge felony records after a set time has passed.

If the record does not qualify for expunction or the individual fails to get an expungement order from a court for a qualifying conviction record, the record remains public permanently. The record can be retrieved through background checks from public databases.