What is a Third-Degree Felony in Delaware?

Under the criminal code in Delaware, third-degree felonies are the least severe version of a felony offense. These crimes are often characterized by recklessness or negligent acts, which often lead to bodily injuries.

Unlike other U.S. states, Delaware uses the class system to classify felonies. According to § 4201 of the Delaware Statutes, felonies in the state are divided into Classes A, B, C, D, E, and F. These felony classes are based on severity and prior convictions. Most severe felonies or crimes of violence are listed under Class A to C, while less severe ones are in subsequent classes.

Third-degree felonies are grouped in felony classes based on their severity and impact on lives or property. For this reason, you will find third-degree rape in Class B felonies, while third-degree child abuse is a Class D felony. Other third-degree crimes are classified as Class A or B misdemeanors in Delaware.

Note: You may find most first-degree crimes under Class A to C felonies. First-degree murder is a Class A felony that attracts up to life imprisonment or the death penalty. In contrast, second-degree felonies are mostly between Class C and E felonies. For instance, second-degree robbery is a Class D felony and may attract up to an 8-year jail term.

Common Offenses That Fall Under Third-Degree Felony Charges

In Delaware, types of crimes that fall under third-degree felony charges include:

• Rape in the third degree: Delaware statutes define rape in the third degree as sexual intercourse between a minor and someone who is at least 19 years old.
• Child abuse in the third degree: It’s generally considered third-degree child abuse if the victim was below 6 years old or mentally or physically incapacitated.
• Burglary in the third degree: A person is guilty of third-degree burglary when they knowingly enter or linger unlawfully in a building with the intention to commit a crime.

Penalties and Sentencing for Third-Degree Felonies in Delaware

Generally, persons convicted of third-degree felonies may face sentencing between a few months and 25 years in jail. The state statutes do not mention the imposition of fines for felony offenses.

Sentencing for third-degree felonies may vary based on the felony class. For instance, third-degree rape is a class B felony and may attract the maximum 25-year penalty for offenses under the class. In contrast, third-degree burglary may incur up to a 3-year jail term since it’s a class F felony.

Will You Go to Jail for a Third-Degree Felony in Delaware?

Yes, offenders may serve jail terms for third-degree felonies. Nevertheless, third-degree felony jail terms might differ based on the felony class. For instance, third-degree rape incurs up to a 25-year jail term, while offenders may spend a maximum of 5 years for third-degree child abuse.

Note that Delaware trial courts may offer probations in lieu of prison sentences for specific third-degree crimes. The court generally considers the severity of the offense and its impact on society before granting probation. Offenders may serve probation for one year or more for third-degree felony crimes.

How Long Does a Third-Degree Felony Stay on Your Record?

Third-degree felonies have a lifetime validity on public records. These records generally remain visible to all parties and may affect a record subject’s personal and social life. Case in point: employers may conduct background checks on prospective employees to determine if they are a good fit for a company.

A convicted third-degree offender may face discrimination, such as job loss, as a result of their criminal record. This discrimination also plays out during renting or property purchase, as landlords may refuse to rent out to convicted felons. Offenders might face discrimination in other aspects, such as during visa applications to specific countries.

Nevertheless, offenders may receive reprieve in the form of expungement or sealing. Certain third-degree felonies, like burglary, may qualify for automatic expungement after 10 years.

Can a Third-Degree Felony Be Sealed or Expunged in Delaware?

Delaware statutes allow the expungement of criminal records in the custody of criminal justice agencies. An offender may become eligible for mandatory (automatic) or discretionary expungement. The State Bureau of Investigations handles mandatory expungement and may do so for third-degree felonies under these conditions:

• The court acquitted the accused of all charges.
• The prosecutor refused to prosecute the case.
• The offender was placed on probation before judgment.
• The accused does not have a pending charge for the crime for which he or she was arrested.

In contrast, a trial court may grant discretionary expungement for all charges related to a case if:

• It has been more than 7 years since the conviction or release date.
• The offender has no prior or subsequent convictions.
• The offender was convicted of a single felony.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Generally, third-degree felonies are relatively the least severe of all felony crimes. These crimes often lack the intentionality or malice commonly associated with first-and second-degree crimes. It’s also a third-degree felony if the offender did not use a deadly weapon during the act.

First-degree felonies, such as rape and murder, often have a predetermination to cause bodily injury or the death of another crime. Unlike first-degree felonies, second-degree felonies may occur as a result of recklessness. For example, it is a third-degree abuse of a pregnant female if the offender recklessly causes the termination of a victim’s pregnancy.

How to Look Up Third-Degree Felony Records in Delaware

You can conduct searches for third-degree felonies by using resources provided by government entities. For instance, the Delaware Judicial Case database maintains statewide access to all third-degree felony records generated within the state. Interested persons seeking to use the platform must follow these steps:

• Visit the state case database.
• Select a preferred search option.
• Input relevant data in the appropriate fields.
• Click on “Search” to view the records.

On the other hand, you may access court records from the court that handled the case. These courts may host dedicated search portals or offline resources via which the public can access records.

Probation and Parole for Third-Degree Felony Offenders

Under Delaware statutes, third-degree felony offenders are not eligible for parole. However, they may receive early release as a result of accumulated good credits during incarceration. Executive clemency is an alternative for inmates seeking early release from incarceration.

On the other hand, the court may offer probation for specific third-degree felonies. The court generally considers the crime severity and impact on public life before offering probation. Note that probations come with strict requirements, and offenders are required to adhere to them.