What Is a Class B Felony in Delaware?
The state of Delaware has seven categories of felonies, from Class A to Class G. Class A felonies, which include first degree murder, are the most serious in the state while Class G, which includes the sale of drug paraphernalia, is the least serious. Class B felonies include:
- Child rape
- Assault – 1st degree
- Burglary – 1st degree
- Child abuse
- Hate crime
- Possession of a firearm during the commission of a felony
Maximum and Minimum Sentences
Delaware includes a pre-set range of penalties for the two most serious categories of felonies. This range generally is used by courts when there are no aggravating or special circumstances that affect the penalty range. Class B felonies are punishable by no less than 2 years in prison and no more than 25 years. Class C through Class G felonies include only a maximum penalty. Judges have the discretion to consider community-based sentencing for non-violent offenders, such as probation and home incarceration. However, this is fairly unusual for Class B felonies because they are among the most serious in the state. Delaware does not include a range of fines for each felony classification; however, judges have the discretion to impose any fines they deem appropriate.
Extended Sentences
While the pre-set sentencing range is a start for defendants charged with Class B felonies, the state has a number of laws that provide for enhanced penalties. One example involves prior criminal convictions. A defendant charged with any of a number of serious sex crimes will have the minimum sentence increased to no less than 25 years in prison, with a new maximum sentence of up to life in prison. Habitual offenders – including anyone with three previous felony convictions or two prior convictions if they involved crimes of violence – can be sentenced to up to life in prison. The state also includes a number of aggravating circumstances that can extend sentences, such as gang involvement. Delaware law also allows for the potential mitigation of sentences. If, for example, prosecutors determine that a defendant has provided “substantial assistance”, the Attorney General may request the court to mitigate any sentence about to be handed out.
Loss of Rights and Benefits
As soon as you are convicted you will lose the following rights in Delaware:
- Hold state office
- Vote
- Own or possess a firearm
- Serve on a grand jury
- Work in certain professions that require state or federal certification or licensing
The right to vote is lost for any felony in Delaware and is automatically restored unless the felony was an election law crime, murder or rape. In that case, a 10-year waiting period is required before seeking a pardon from the governor. No other civil rights lost as a result of a felony conviction in the state are automatically restored.
Employment and Housing with a Felony Record
Felons will have difficulty finding even low-paying jobs because any prospective employer can look up their criminal record. Experts say relying on special programs, often overseen by state agencies such as the Department of Labor, is the best way to find a willing employer. The same is true with housing. Housing can be particularly difficult for those with drug-related convictions because state and federal programs offering low-income housing assistance often will exclude those who have committed drug offenses. Some state and federal programs offer tax credits to landlords that decide to take a risk on ex-felons.
Clearing Your Record
If you have a Class B felony conviction, expungement is not possible under Delaware law. However, an ex-felon can seek to restore his or her civil rights by applying for a pardon. While there is no set waiting period, the Delaware Board of Pardons recommends that felons wait at least 3 to 5 years. The pardon board handles the investigation for each applicant and makes a recommendation to the governor. Pardons are rarely granted in Delaware and it is important to show that you have changed your lifestyle and have worked hard to improve yourself. In addition, a compelling reason to request the pardon – such as an educational opportunity or a job to better care for your family – is an absolute necessity. If your pardon request is rejected, you must wait at least 15 months before applying again.
For more information on criminal justice in the state, see Title 11 of Delaware’s Criminal Code and Delaware’s sentencing guidelines.
This article is for informational purposes only. If you need legal advice, you should visit an attorney.