WHAT EACH CHARGE CARRIES
44 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Delaware sorts crimes into classes: felonies from class A down to class G, misdemeanors in classes A and B, and violations. An offense its own section leaves unclassified carries what that section says, so each level here names the class and the most it carries.
44 charges
Carrying a concealed deadly weapon
CLASS G FELONY to CLASS D FELONY · up to 8 years
Also searched as CCDW, concealed carry without a license, gun charge
Carrying a deadly weapon concealed upon or about the person without a license from the Superior Court to carry it.
| Class | Up to | When |
|---|---|---|
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | WhenA deadly weapon other than a firearm |
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenA firearm or projectile weapon |
It is a defense that a license expired while a timely renewal was pending before the court.
Possession of a deadly weapon by a person prohibited
CLASS F FELONY to CLASS C FELONY · up to 15 years
Also searched as felon in possession, PDWBPP, prohibited person with a gun
Purchasing, owning, possessing or controlling a deadly weapon or ammunition while in a class the section bars, such as a felony or domestic violence conviction.
| Class | Up to | When |
|---|---|---|
| CLASS F FELONYClass F felony | Up to 3 yearsAs the court deems appropriate fine | WhenA deadly weapon other than a firearm or ammunition |
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenA firearm or ammunition, for most of the barred classes |
| CLASS C FELONYClass C felony | Up to 15 yearsAs the court deems appropriate fine | WhenWhere the person is eligible for the section's minimum sentences |
Possession of a firearm in a Safe School Zone
CLASS E FELONY · up to 5 years
Also searched as gun at school, weapon on school grounds
Knowingly possessing a firearm or projectile weapon on the property or in the vehicles of a public or private school.
| Class | Up to | When |
|---|---|---|
| CLASS E FELONYClass E felony | Up to 5 yearsAs the court deems appropriate fine | WhenAny violation |
A license holder is outside the section only while the firearm is in a vehicle.
Possession of a firearm at a polling place
CLASS A MISD · up to 1 year
Also searched as gun at the polls
Knowingly possessing a firearm or projectile weapon at a polling place on election day, from 2 hours before the polls open to 2 hours after they close.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenAny violation |
Possession of a firearm while under the influence
CLASS A MISD to CLASS G FELONY · up to 2 years
Also searched as carrying drunk, gun DUI
Possessing a firearm or projectile weapon in a public place with an alcohol concentration of .08 or more, or while manifestly under the influence.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenA first offense |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | WhenAfter a previous conviction for the same offense |
Unsafe storage of a firearm
CLASS B MISD to CLASS A MISD · up to 1 year
Also searched as child access, leaving a gun out
Leaving a loaded firearm within reach of a child or prohibited person who gets it, or a firearm unattended in a vehicle, without the storage the section requires.
| Class | Up to | When |
|---|---|---|
| CLASS B MISDClass B misdemeanor | Up to 6 monthsUp to $1,150 fine | WhenOrdinarily |
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenWhere the unauthorized person commits a crime with it, causes serious injury or death, or passes it on |
Possessing or selling an assault weapon
CLASS D FELONY · up to 8 years
Also searched as assault weapons ban, AR-15 charge
Transporting an assault weapon into the State, or manufacturing, selling, transferring, buying or possessing one, outside the section's exceptions.
| Class | Up to | When |
|---|---|---|
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenAny violation |
Possessing a large capacity magazine
VIOLATION to CLASS E FELONY · up to 5 years
Also searched as high capacity magazine
Manufacturing, selling, buying, receiving, transferring or possessing a large capacity magazine outside the section's exceptions.
| Class | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailA civil penalty of $100 fine | WhenA first offense of possession alone |
| CLASS B MISDClass B misdemeanor | Up to 6 monthsUp to $1,150 fine | WhenA second offense of possession alone |
| CLASS E FELONYClass E felony | Up to 5 yearsAs the court deems appropriate fine | WhenAny other violation |
Intercepting a communication
CLASS E FELONY · up to 5 years
Also searched as illegal wiretap, secret recording
Intentionally intercepting a wire, oral or electronic communication without being a party or having a party's prior consent, or disclosing or using one so intercepted.
| Class | Up to | When |
|---|---|---|
| CLASS E FELONYClass E felony | Up to 5 yearsUp to $10,000 fine | WhenAny violation |
Disorderly conduct
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as disturbing the peace, breach of peace
Intentionally causing public inconvenience, annoyance or alarm by fighting, unreasonable noise, abusive language, blocking traffic, or refusing to disperse.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysAs its own section sets, or up to $575 fine | WhenAny violation |
Criminal trespass in the third degree
VIOLATION · no jail
Also searched as trespassing on land
Knowingly entering or remaining unlawfully upon real property.
| Class | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailUp to $345 for a first offense fine | WhenAny violation |
Criminal trespass in the second degree
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as trespassing in a building
Knowingly entering or remaining unlawfully in a building, or on land fenced or enclosed to keep intruders out.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysAs its own section sets, or up to $575 fine | WhenAny violation |
Criminal trespass in the first degree
CLASS A MISD · up to 1 year
Also searched as trespassing in a home
Knowingly entering or remaining unlawfully in a dwelling, or a building used to house or keep animals.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenAny violation |
Resisting arrest
CLASS A MISD to CLASS G FELONY · up to 2 years
Also searched as resisting, running from police
Intentionally preventing or trying to prevent an officer's arrest or detention of oneself or another, or fleeing from one.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenWithout force or violence |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | WhenWith force or violence toward the officer, or causing the officer injury |
Disregarding a police signal to stop
CLASS G FELONY to CLASS E FELONY · up to 5 years
Also searched as fleeing and eluding, running from police in a car
Driving on after a police officer's visual or audible signal to stop, or speeding up or turning off the lights to flee.
| Class | Up to | When |
|---|---|---|
| CLASS G FELONYClass G felony | Up to 2 yearsA minimum of $575 fine | WhenA first offense |
| CLASS E FELONYClass E felony | Up to 5 yearsA minimum of $1,150 fine | WhenA subsequent offense |
The license may be revoked for 2 years.
Offensive touching
UNCLASSIFIED to CLASS A MISD · up to 1 year
Also searched as simple battery
Intentionally touching another person, or striking them with a bodily fluid, knowing it is likely to cause offense or alarm.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysAs its own section sets, or up to $575 fine | WhenAn ordinary touching |
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenA bodily fluid, or an officer or medical worker on duty |
Assault in the third degree
CLASS A MISD · up to 1 year
Also searched as simple assault
Intentionally or recklessly causing physical injury, or causing it with a deadly weapon through criminal negligence.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenAny violation |
Assault in the second degree
CLASS D FELONY to CLASS C FELONY · up to 15 years
Also searched as felony assault
Causing serious physical injury, injury by a deadly weapon or dangerous instrument, or injury to a person 62 or older or to an officer or other listed worker.
| Class | Up to | When |
|---|---|---|
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenOrdinarily |
| CLASS C FELONYClass C felony | Up to 15 yearsAs the court deems appropriate fine | WhenInjury to an officer or first responder with an electronic control device |
Assault in the first degree
CLASS B FELONY · up to 2 to 25 years
Also searched as aggravated assault
Intentionally causing serious physical injury with a deadly weapon, serious permanent disfigurement, or serious injury to a person 62 or older.
| Class | Up to | When |
|---|---|---|
| CLASS B FELONYClass B felony | 2 to 25 yearsAs the court deems appropriate fine | WhenAny violation |
Driving under the influence
UNCLASSIFIED to CLASS C FELONY · up to 15 years
Also searched as DUI, drunk driving, DWI
Driving under the influence of alcohol or drugs, with an alcohol concentration of .08 or more within 4 hours, or with an illicit drug in the blood within 4 hours.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$500 to $1,500 fine | WhenA first offense, up to 12 months |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$750 to $2,500 fine | WhenA second offense within 10 years, 60 days to 18 months |
| CLASS G FELONYClass G felony | Up to 2 yearsUp to $5,000 fine | WhenA third offense |
| CLASS E FELONYClass E felony | Up to 5 yearsUp to $7,000 fine | WhenA fourth offense, 2 to 5 years |
| CLASS E FELONYClass E felony | Up to 5 yearsUp to $10,000 fine | WhenA fifth offense, 3 to 5 years |
| CLASS D FELONYClass D felony | Up to 8 yearsUp to $10,000 fine | WhenA sixth offense |
| CLASS C FELONYClass C felony | Up to 15 yearsUp to $15,000 fine | WhenA seventh or later offense |
Every conviction brings an ignition interlock order and an alcohol evaluation.
Drinking while driving
VIOLATION · no jail
Also searched as open container, drinking at the wheel
Consuming an alcoholic beverage while driving a motor vehicle on a highway, in the presence or view of a police officer.
| Class | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jail$25 to $200 fine | WhenA first offense |
| VIOLATIONViolation | No jail$50 to $400 fine | WhenAgain within 1 year |
Driving after drinking under 21
VIOLATION · no jail
Also searched as zero tolerance
Driving, operating or controlling a vehicle while under the age of 21 after consuming alcohol.
| Class | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailA fine of $200 fine | WhenA first offense, with a 2 month revocation, or without a license |
| VIOLATIONViolation | No jail$400 to $1,000 fine | WhenA later offense, 6 to 12 months revoked, or without a license |
Reckless driving
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as reckless driving
Driving in wilful or wanton disregard for the safety of persons or property, or at 90 miles an hour or more.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$100 to $300 fine | WhenA first offense of wilful or wanton driving, up to 30 days |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$300 to $1,000 fine | WhenAgain within 3 years, 30 to 60 days |
Leaving the scene of a crash
UNCLASSIFIED to CLASS E FELONY · up to 5 years
Also searched as hit and run
Failing to stop at a crash, give name, address and registration and show a license, or help someone injured.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$230 to $1,150 fine | WhenProperty damage only, 60 days to 6 months |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$1,000 to $3,000 fine | WhenAn injury, 1 to 2 years |
| CLASS E FELONYClass E felony | Up to 5 yearsAs the court deems appropriate fine | WhenA death |
Operation of a vehicle causing death
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as traffic death
A traffic violation, other than impaired driving, that causes the death of another person.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysUp to $1,150 fine | WhenA first conviction, up to 30 months |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysUp to $2,300 fine | WhenA later conviction, up to 60 months |
Vehicular homicide
CLASS D FELONY to CLASS C FELONY · up to 15 years
Also searched as vehicular manslaughter
Causing a death by criminally negligent driving, or by negligent driving while impaired.
| Class | Up to | When |
|---|---|---|
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenSecond degree |
| CLASS C FELONYClass C felony | Up to 15 yearsAs the court deems appropriate fine | WhenFirst degree, criminally negligent driving while impaired, with a minimum of 2 years |
Driving while suspended or revoked
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as DWS, driving on a revoked license
Driving a motor vehicle on a highway during a suspension or revocation.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$500 to $1,000 fine | WhenA first offense, 30 days to 6 months |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$1,000 to $4,000 fine | WhenWithin 3 years, 60 days to 1 year |
Driving without insurance
VIOLATION · no jail
Also searched as uninsured driving
Driving, or letting another drive, a vehicle required to be registered without the minimum insurance.
| Class | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jail$1,500 to $2,000 fine | WhenA first offense, with a 6 month suspension |
| VIOLATIONViolation | No jail$3,000 to $4,000 fine | WhenWithin 3 years, with a 6 month suspension |
Passing a stopped school bus
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as school bus violation
Passing a school bus stopped with its flashing lamps on, from the front or the rear, except from the front on a road of 4 or more lanes.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$115 to $230 fine | WhenA first offense, 30 to 60 days |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$115 to $575 fine | WhenWithin 3 years, 60 days to 6 months |
Using marijuana in public or in a moving vehicle
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as public consumption
Using or consuming a personal use quantity of marijuana in an area accessible to the public or in a moving vehicle.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysUp to $200 fine | WhenAny violation, up to 5 days |
Possessing more than a personal use quantity
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as marijuana possession
Knowingly or intentionally possessing more than a personal use quantity of marijuana without authority.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysUp to $575 fine | WhenAny violation, up to 3 months |
Possession of a controlled substance
CLASS B MISD · up to 6 months
Also searched as drug possession
Knowingly or intentionally possessing, using or consuming a controlled substance other than marijuana, without lawful authority.
| Class | Up to | When |
|---|---|---|
| CLASS B MISDClass B misdemeanor | Up to 6 monthsUp to $1,150 fine | WhenAny violation |
Underage possession of alcohol
VIOLATION to UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as minor in possession, MIP
Having alcoholic liquor, or drinking it, while under the age of 21.
| Class | Up to | When |
|---|---|---|
| VIOLATIONViolation | No jailA civil penalty of $100 fine | WhenA first violation |
| VIOLATIONViolation | No jailA civil penalty of $200 to $500 fine | WhenA second violation |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 daysAs its own section sets, or up to $575 fine | WhenA third or later violation |
Civil violations do not appear on a certified criminal record.
Buying alcohol for someone under 21
UNCLASSIFIED · up to as its own section sets, or up to 30 days
Also searched as furnishing to minors
Buying or giving alcoholic liquor to a person under 21, or knowingly letting one under supervision drink it.
| Class | Up to | When |
|---|---|---|
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$100 to $500 fine | WhenA first offense, up to 30 days |
| UNCLASSIFIEDUnclassified misdemeanor | As its own section sets, or up to 30 days$500 to $1,000 fine | WhenA later offense, up to 60 days |
Theft
CLASS A MISD to CLASS B FELONY · up to 2 to 25 years
Also searched as larceny, stealing
Taking, exercising control over or obtaining property of another intending to deprive the owner of it.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | When$1,500 or less |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | WhenMore than $1,500 |
| CLASS F FELONYClass F felony | Up to 3 yearsAs the court deems appropriate fine | WhenMore than $1,500 from a person 62 or older, or an impaired adult |
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenMore than $50,000 but less than $100,000 |
| CLASS B FELONYClass B felony | 2 to 25 yearsAs the court deems appropriate fine | When$100,000 or more |
Restitution is required on top of the sentence.
Shoplifting
CLASS A MISD to CLASS G FELONY · up to 2 years
Also searched as retail theft
Removing, concealing, relabeling or repackaging store goods intending to take them without paying.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenLess than $1,500 |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | When$1,500 or more, including from 3 or more stores in one course of conduct |
Issuing a bad check
CLASS A MISD to CLASS G FELONY · up to 2 years
Also searched as bounced check
Issuing or passing a check knowing it will not be honored.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenUnder $1,500 |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | When$1,500 or more |
Identity theft
CLASS D FELONY · up to 8 years
Also searched as stolen identity
Knowingly or recklessly obtaining, using or transferring another's personal identifying information without consent, to commit or help commit a crime.
| Class | Up to | When |
|---|---|---|
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenAny violation |
Harassment
CLASS A MISD · up to 1 year
Also searched as
Acting with intent to harass, annoy or alarm: taunting likely to provoke violence or fear, alarming messages, obscene calls, or repeated or anonymous calls.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenAny violation |
Stalking
CLASS E FELONY to CLASS D FELONY · up to 8 years
Also searched as cyberstalking
Knowingly engaging in a course of conduct at a specific person that would make a reasonable person fear injury or suffer significant distress.
| Class | Up to | When |
|---|---|---|
| CLASS E FELONYClass E felony | Up to 5 yearsAs the court deems appropriate fine | WhenOrdinarily |
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | WhenWith an aggravating fact such as a threat of death or serious injury |
Criminal contempt of a protective order
CLASS A MISD to CLASS F FELONY · up to 3 years
Also searched as violating a PFA, breaking a restraining order
Knowingly violating any provision of a protective order from the Family Court, another state's court, or a lethal violence or sexual violence order.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenOrdinarily |
| CLASS F FELONYClass F felony | Up to 3 yearsAs the court deems appropriate fine | WhenCausing physical injury, or using or threatening a deadly weapon |
Violation of privacy
CLASS A MISD to CLASS G FELONY · up to 2 years
Also searched as revenge porn, hidden camera, GPS tracker
Distributing intimate images without consent, recording people undressing, installing hidden recording devices, or tracking a vehicle without consent.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenMost violations |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | WhenRecording someone undressing, and the most serious forms of distributing images |
Cruelty to animals
CLASS A MISD to CLASS E FELONY · up to 5 years
Also searched as animal abuse
Intentionally or recklessly mistreating or neglecting an animal, killing or injuring one without need, or leaving one in a dangerously hot or cold vehicle.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenOrdinarily |
| CLASS F FELONYClass F felony | Up to 3 yearsAs the court deems appropriate fine | WhenIntentionally killing or seriously injuring an animal |
| CLASS E FELONYClass E felony | Up to 5 yearsAs the court deems appropriate fine | WhenA felony after a previous felony conviction |
A conviction bars owning an animal for 5 years, or 15 after a felony.
Abuse or exploitation of an impaired adult
CLASS A MISD to CLASS A FELONY · up to 15 years to life
Also searched as elder abuse, financial exploitation
Knowingly or recklessly abusing, neglecting, mistreating or exploiting an impaired adult, including using their resources.
| Class | Up to | When |
|---|---|---|
| CLASS A MISDClass A misdemeanor | Up to 1 yearUp to $2,300 fine | WhenAbuse or neglect, or exploiting less than $500 |
| CLASS G FELONYClass G felony | Up to 2 yearsAs the court deems appropriate fine | WhenExploiting $500 or more but less than $5,000 |
| CLASS E FELONYClass E felony | Up to 5 yearsAs the court deems appropriate fine | When$5,000 or more but less than $10,000 |
| CLASS D FELONYClass D felony | Up to 8 yearsAs the court deems appropriate fine | When$10,000 or more but less than $50,000, or causing bodily harm |
| CLASS C FELONYClass C felony | Up to 15 yearsAs the court deems appropriate fine | When$50,000 or more |
| CLASS A FELONYClass A felony | 15 years to lifeAs the court deems appropriate fine | WhenAbuse or neglect resulting in death |
Every class on this page, for reference
The terms come from the sentencing sections for each class, and an unclassified offense from its own section. Violations and civil penalties carry a fine and no jail, and they are on the ladder too, because the ticket is what a reader is holding.
- VIOLATIONViolationNo jailUp to $345 for a first offense
- UNCLASSIFIEDUnclassified misdemeanorAs its own section sets, or up to 30 daysAs its own section sets, or up to $575
- CLASS B MISDClass B misdemeanorUp to 6 monthsUp to $1,150
- CLASS A MISDClass A misdemeanorUp to 1 yearUp to $2,300
- CLASS G FELONYClass G felonyUp to 2 yearsAs the court deems appropriate
- CLASS F FELONYClass F felonyUp to 3 yearsAs the court deems appropriate
- CLASS E FELONYClass E felonyUp to 5 yearsAs the court deems appropriate
- CLASS D FELONYClass D felonyUp to 8 yearsAs the court deems appropriate
- CLASS C FELONYClass C felonyUp to 15 yearsAs the court deems appropriate
- CLASS B FELONYClass B felony2 to 25 yearsAs the court deems appropriate
- CLASS A FELONYClass A felony15 years to lifeAs the court deems appropriate
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
18 words
- Aggressive drivingContinuous conduct breaking 3 or more listed traffic rules, such as following too closely, unsafe lane changes and speeding.
- Assault weaponA firearm on the code's list that may not be transported into the State, sold, bought or possessed, as a class D felony.
- Concealed deadly weaponA deadly weapon carried concealed upon or about the person without a license. It is a class G felony, and a class D felony when it is a firearm.
- Disorderly conductIntentionally causing public inconvenience, annoyance or alarm by fighting, unreasonable noise, abusive language, blocking traffic, or refusing to disperse. It is an unclassified misdemeanor.
- First offender electionA program for a first DUI with no prior offense and under .15, where the court defers judgment and places the person on probation with a course.
- Impaired adultAn adult 18 or older whose disability substantially impairs their ability to care for themselves, whose need for protection is reported to the Department.
- Large capacity magazineA magazine the section bans. A first offense of possession alone is a civil penalty of $100, a second a class B misdemeanor, and anything else a class E felony.
- Level VFull incarceration in a custodial institution, the level at which felony sentences are served.
- Mandatory expungementExpungement the State Bureau of Identification grants for eligible cases on request, and monthly on its own.
- Offensive touchingIntentionally touching another person knowing it is likely to cause offense or alarm. It is an unclassified misdemeanor, and a class A misdemeanor with a bodily fluid.
- Person prohibitedA person barred from purchasing, owning, possessing or controlling a deadly weapon or ammunition, such as one convicted of a felony or of misdemeanor domestic violence.
- Physical injuryThe harm that makes assault in the third degree, a class A misdemeanor, and with a deadly weapon or a victim 62 or older, the second degree.
- Resisting arrestIntentionally preventing an arrest or detention, or fleeing from one. It is a class A misdemeanor, and a class G felony with force or violence.
- ShopliftingTaking, concealing or relabeling store goods intending not to pay. It is a felony at $1,500 or more.
- StalkingA course of conduct at a specific person that would make a reasonable person fear injury or suffer significant distress. It is a felony.
- Unclassified misdemeanorAn offense not designated a felony, a class A or B misdemeanor, or a violation. Unless its own law says otherwise, it carries up to 30 days and $575.
- Vehicular homicideCausing a death by criminally negligent driving, or by negligent driving while impaired. The second degree is a class D felony and the first a class C.
- ViolationThe lowest level of offense, carrying a fine of up to $345 for a first, and Level I probation.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Delaware attorney can tell you what yours is. Current as of October 2026.