Delaware
Delaware Assault Laws: Degrees, Offensive Touching and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 9 primary sources cited on this page. How we verify our legal content
Delaware does not have a crime called battery. Its Criminal Code grades assault in three degrees under 11 Del. C. 611, 612 and 613, each based on causing physical injury or serious physical injury, and it treats unwanted contact without injury as offensive touching (601) and threats of imminent injury as menacing (602), while threats to commit a crime likely to cause death or serious injury are terroristic threatening (621). Assault in the third degree is a class A misdemeanor, assault in the second degree is a class D felony and assault in the first degree is a class B felony. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Delaware's assault and related offenses in Title 11, Chapter 5, Subchapter II, Part A (sections 601, 602, 603, 604, 607 and 611-614), terroristic threatening (621), endangering the welfare of a child as it applies to assaults witnessed by a child (11 Del. C. 1102(a)(4)), the definitions in 11 Del. C. 222, the sentencing sections 11 Del. C. 4205, 4206 and 4214, the domestic violence definition in 10 Del. C. 1041 and the civil filing period in 10 Del. C. 8119. It does not cover self-defense and justification (see Delaware self-defense laws), protection-from-abuse orders (see Delaware restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.
Assault vs. battery in Delaware
In many states, assault is the threat and battery is the physical attack. Delaware sorts the same conduct differently. None of the offenses in Part A, "Assaults and Related Offenses," is named battery. Instead there are three separate tiers:
- Offensive touching (601) for unwanted contact. A person is guilty when the person "(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or (2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person."
- Menacing (602) for threats. A person is guilty of menacing "when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury." Aggravated menacing is doing so "by displaying what appears to be a deadly weapon."
- Assault in the third, second and first degree (611-613) for causing physical injury or serious physical injury.
So in Delaware, a punch that causes physical injury is assault, an intentional touch the person knows is likely to cause offense or alarm is offensive touching, and a movement that intentionally places someone in fear of imminent physical injury is menacing.
Is assault a felony in Delaware?
Assault in the third degree is a misdemeanor. Under 11 Del. C. 611, a person commits it when "(1) The person intentionally or recklessly causes physical injury to another person; or (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument." The statute grades it as a class A misdemeanor.
Assault becomes a felony at the second degree. Assault in the second degree is a class D felony under 612(d), "unless the offense is a class C felony as described in paragraph (a)(12)." Assault in the first degree is a class B felony under 613(c). Strangulation or suffocation, aggravated menacing and reckless endangering in the first degree are also felonies.
Delaware assault offenses and penalties
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Menacing | 11 Del. C. 602(a) | By movement of body or an instrument, intentionally placing another in fear of imminent physical injury | Unclassified misdemeanor | Up to 30 days at Level V; fine up to $575 |
| Offensive touching | 601(a)(1), (c) | Intentionally touching another with a body part or instrument, knowing it is likely to cause offense or alarm | Unclassified misdemeanor; class A misdemeanor when the victim is a listed worker in the lawful performance of duty | Unclassified: up to 30 days at Level V, fine up to $575. Class A: up to 1 year at Level V, fine up to $2,300 |
| Offensive touching with bodily fluid | 601(a)(2), (c) | Intentionally striking another with saliva, urine, feces or other bodily fluid, knowing it is likely to cause offense or alarm | Class A misdemeanor | Up to 1 year at Level V; fine up to $2,300 |
| Reckless endangering, second degree | 603 | Recklessly engaging in conduct that creates a substantial risk of physical injury to another | Class A misdemeanor | Up to 1 year at Level V; fine up to $2,300 |
| Assault in the third degree | 611 | Intentionally or recklessly causing physical injury; with criminal negligence causing physical injury by a deadly weapon or dangerous instrument | Class A misdemeanor | Up to 1 year at Level V; fine up to $2,300 |
| Abuse of a sports official | 614 | Reckless endangering second degree, assault third degree, terroristic threatening or criminal mischief against a sports official in the lawful performance of duty | Class A misdemeanor; class G felony for a second or later offense | Up to 1 year at Level V (class A misdemeanor) or up to 2 years at Level V (class G felony); fine of $1,000 to $2,350; banned from organized sporting events for 3 to 12 months |
| Terroristic threatening | 621(a)(1), (b) | Threatening to commit any crime likely to result in death or in serious injury to person or property | Class A misdemeanor; class G felony if the victim is 62 or older | Up to 1 year at Level V and $2,300; as a class G felony, up to 2 years at Level V |
| Aggravated menacing | 602(b) | Intentionally placing another in fear of imminent physical injury by displaying what appears to be a deadly weapon | Class E felony | Up to 5 years at Level V |
| Reckless endangering, first degree | 604 | Recklessly engaging in conduct that creates a substantial risk of death to another | Class E felony | Up to 5 years at Level V |
| Assault in the second degree | 612(a)(1)-(11), (d) | Serious physical injury; physical injury by a deadly weapon or dangerous instrument; physical injury to a listed victim; chemical spray assaults | Class D felony | Up to 8 years at Level V |
| Strangulation or suffocation | 607(a), (b)(1) | Knowingly or intentionally impeding normal breathing or blood circulation by pressure on the throat or neck, or blocking or obstructing the nose or mouth | Class D felony | Up to 8 years at Level V |
| Assault in the second degree with an electronic control device | 612(a)(12), (d) | Recklessly or intentionally causing physical injury to a law-enforcement officer, security officer, fire police officer, firefighter, paramedic or EMT in the lawful performance of duties by an electronic control device | Class C felony | Up to 15 years at Level V |
| Strangulation or suffocation (class B circumstances) | 607(b)(2) | Strangulation or suffocation with a dangerous instrument or deadly weapon, causing serious physical injury, while subject to a no-contact order, against a pregnant female or a child, among other listed circumstances | Class B felony | Not less than 2 years up to 25 years at Level V |
| Assault in the first degree | 613 | Intentional serious physical injury with a deadly weapon or dangerous instrument; intentional serious permanent disfigurement or disablement; reckless conduct creating a substantial risk of death that causes serious physical injury; serious physical injury during a felony; intentional serious physical injury to listed responders or a person 62 or older | Class B felony | Not less than 2 years up to 25 years at Level V |
These are the ranges for the offense itself; Delaware's habitual-criminal law, 11 Del. C. 4214, sets higher mandatory minimums, and allows up to life, for some repeat felony offenders, described below.
Part A also contains abuse of a pregnant female (605, 606), aggravated strangulation by a law-enforcement officer using a chokehold (607A) and vehicular assault (628A, 629), which this article does not cover.
The ranges come from Delaware's sentencing sections. For felonies, 11 Del. C. 4205(b) sets up to 25 years (class B, with a 2-year minimum), 15 years (class C), 8 years (class D), 5 years (class E), 3 years (class F) and 2 years (class G) "to be served at Level V," and 4205(k) lets the court "impose such fines and penalties as it deems appropriate" without a stated dollar cap. For misdemeanors, 4206(a) allows "up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate" for a class A misdemeanor. For an unclassified misdemeanor whose own section specifies no sentence, as with offensive touching and menacing, 4206(c) allows up to 30 days at Level V and a fine of up to $575.
Strangulation carries one mandatory floor: under 607(c), a person who commits the offense within 5 years of a prior conviction under that section or a substantially similar law of another state "shall receive a minimum sentence of 1 year at Level 5."
Repeat offenders can face more. Under 11 Del. C. 4214, a person with the listed prior felony or violent-felony convictions who is declared a habitual criminal on the State's petition must receive at least half the statutory maximum, or the full statutory maximum, depending on the prior convictions, and may be sentenced up to life imprisonment.
Physical injury, serious physical injury and deadly weapons
The degree of an assault in Delaware depends largely on the injury and the means. Section 222 of Title 11 defines these terms for the Criminal Code:
"Physical injury" means impairment of physical condition or substantial pain.
"Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
A dangerous instrument under 222(5) means any instrument, article or substance that, "under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury," and also any disabling chemical spray and any electronic control device. A deadly weapon under 222(6) includes a firearm, a bomb, "A knife of any sort, other than an ordinary pocketknife carried in a closed position," a switchblade, a billy, a blackjack, a bludgeon, metal knuckles, a slingshot, a razor, a bicycle chain, an ice pick, a projectile weapon, and a dangerous instrument "which is used, or attempted to be used, to cause death or serious physical injury."
These definitions explain the jumps between degrees. Recklessly causing physical injury is third-degree assault (611), but recklessly causing physical injury "by means of a deadly weapon or a dangerous instrument" is second-degree assault (612(a)(2)), and intentionally causing serious physical injury that way is first-degree assault (613(a)(1)).
Assaulting a police officer, nurse or other protected person
Delaware raises the grade when the injured person belongs to a group the statute names. The lists differ by degree, so the statute's own wording matters.
Assault in the second degree (class D felony) covers a person who intentionally causes physical injury to:
- "a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, hospital security officer or constable, code enforcement constable, a code enforcement officer, or a postal worker who is acting in the lawful performance of duty" (612(a)(3)). If a law-enforcement officer is off duty and the assault is related to the officer's official position, it counts as part of the officer's official duties.
- "the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor, or any person providing health-care treatment or employed by a health-care provider while such person is performing a work-related duty" (612(a)(4)).
- "any other person while such person is rendering emergency care" (612(a)(5)).
- "any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office" (612(a)(9)).
It also covers a person who recklessly or intentionally causes physical injury to someone 62 or older (612(a)(6)), to a pregnant female, where "It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant" (612(a)(10)), or, if the person is 18 or older, to a child under 6 (612(a)(11)). Intentionally assaulting a law-enforcement officer performing duties with a disabling chemical spray or a hand-sprayed liquid or gas, with intent to incapacitate the officer, is also second-degree assault (612(a)(7)).
Electronic control devices (class C felony). Recklessly or intentionally causing physical injury to a law-enforcement officer, security officer, fire police officer, firefighter, paramedic or emergency medical technician in the lawful performance of their duties "by means of an electronic control device" is a class C felony (612(a)(12)).
Assault in the first degree (class B felony) covers intentionally causing serious physical injury to a law-enforcement officer, firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, code enforcement constable or code enforcement officer acting in the lawful performance of duty (613(a)(5)); to an ambulance operator, rescue squad member, nurse, licensed medical doctor or anyone rendering emergency care (613(a)(6)); or to a person 62 or older (613(a)(7)).
Offensive touching of listed workers. Offensive touching under 601(a)(1) rises from an unclassified misdemeanor to a class A misdemeanor when the victim is acting in the lawful performance of duty as a "law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, advanced emergency medical technician, paramedic, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter" (601(c)).
Sports officials. Under 614, committing reckless endangering in the second degree, assault in the third degree, terroristic threatening or criminal mischief against a sports official in the lawful performance of duty is a class A misdemeanor, and a class G felony for a second or later offense. Section 614(c) sets a fine of $1,000 to $2,350, notwithstanding the general sentencing chapter, and bars the person from participating in or attending any organized sporting event for 3 to 12 months.
Strangulation and suffocation
Section 607 makes strangulation and suffocation their own felony. Strangulation is knowingly or intentionally impeding "the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck"; suffocation is knowingly or intentionally preventing another person from breathing "by blocking or obstructing the nose or mouth." Under 607(d), "The absence of visible bodily injury shall not preclude a conviction under this section."
Either offense is a class D felony. It becomes a class B felony under 607(b)(2) if, among the other circumstances the paragraph lists, the person used or attempted to use a dangerous instrument or deadly weapon, caused serious physical injury, "was subject to an existing court order prohibiting contact with the victim at the time of the offense," or committed the offense against a pregnant female or a child.
Domestic assault in Delaware
Delaware's assault statutes contain no separate offense called domestic assault or domestic battery, and a family or household relationship is not an element of assault in the first, second or third degree. Assault on a family member is charged under the same sections as any other assault.
A separate offense can apply when a child is present. Under 11 Del. C. 1102(a)(4), committing a violent felony, assault in the third degree, reckless endangering in the second degree, terroristic threatening, unlawful imprisonment in the second degree or child abuse in the third or fourth degree, knowing it was witnessed by sight or sound by a child under 18 who is a member of the person's or the victim's family, is endangering the welfare of a child. It is generally a class A misdemeanor (1102(b)(4)), and a class G felony if a child suffers serious physical injury (1102(b)(2)).
Domestic violence is a defined term in the Family Court provisions of Title 10. Under 10 Del. C. 1041, "Domestic violence" means abuse by one member against another member of protected classes that include family, former spouses, people cohabiting who hold themselves out as a couple, people living apart with a child in common, and "persons in a current or former substantive dating relationship." Protection-from-abuse orders are covered in Delaware restraining order laws. Strangulation becomes a class B felony when the person was subject to an existing court order prohibiting contact with the victim (607(b)(2)).
Federal law adds its own consequence: under 18 U.S.C. 922(g)(9), a person convicted of a "misdemeanor crime of domestic violence," as defined in 18 U.S.C. 921(a)(33), may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer.
Recent changes to Delaware assault law
- Postal workers (2026). House Bill 268 of the 153rd General Assembly, 85 Del. Laws c. 380, was signed and took effect July 23, 2026. Its synopsis states that it "elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in the third degree to assault in the second degree." Postal workers now appear in 612(a)(3).
- 2022 amendments. Section 612 was also amended in 2022 by 83 Del. Laws c. 334, and section 607 (strangulation) by 83 Del. Laws c. 392.
Civil lawsuits for assault and battery
A criminal prosecution and a civil lawsuit for damages are separate cases. Delaware's general personal-injury deadline is in 10 Del. C. 8119: "No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title." The section does not name assault or battery separately.
For other filing deadlines, see the Delaware statute of limitations guide.
Related legal issues
- Self-defense. Whether force was justified is a separate body of law; see Delaware self-defense laws.
- Protection-from-abuse orders. See Delaware restraining order laws.
- Clearing a record. Whether an assault record can be expunged is covered in Delaware expungement laws.
Related pages
- Assault and battery laws by state
- Delaware self-defense laws
- Delaware restraining order laws
- Delaware expungement laws
- Delaware statute of limitations
- Pennsylvania assault and battery laws
- Maryland assault and battery laws
This article provides general legal information about Delaware assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Delaware.
Last updated: 2026-10-13.
Frequently Asked Questions
Is there a difference between assault and battery in Delaware?
Delaware criminal law has no offense called battery. Causing physical injury is assault in the third, second or first degree (11 Del. C. 611-613), unwanted touching without injury is offensive touching (601), and threats of imminent physical injury are menacing (602).
Is assault a felony in Delaware?
Assault in the third degree is a class A misdemeanor. Assault in the second degree is a class D felony (class C when done with an electronic control device against listed responders), and assault in the first degree is a class B felony.
What is the penalty for assault in the third degree in Delaware?
Assault in the third degree is a class A misdemeanor under 11 Del. C. 611. Under 4206(a), the sentence may include up to 1 year of incarceration at Level V and a fine of up to $2,300, restitution or other conditions.
What is offensive touching in Delaware?
Under 11 Del. C. 601, offensive touching is intentionally touching another person with a body part or an instrument, knowing it is likely to cause offense or alarm, or intentionally striking someone with saliva, urine, feces or another bodily fluid. The first is an unclassified misdemeanor, or a class A misdemeanor when the victim is a listed worker, such as a law-enforcement officer, medical professional or firefighter, acting in the lawful performance of duty; the bodily-fluid version is always a class A misdemeanor.
What happens if you assault a police officer in Delaware?
Intentionally causing physical injury to a law-enforcement officer acting in the lawful performance of duty is assault in the second degree, a class D felony (11 Del. C. 612(a)(3)). Intentionally causing serious physical injury is assault in the first degree, a class B felony (613(a)(5)).
Is assaulting a nurse a felony in Delaware?
Intentionally causing physical injury to a licensed practical nurse, registered nurse, licensed medical doctor or anyone providing health-care treatment or employed by a health-care provider while performing a work-related duty is assault in the second degree, a class D felony, under 11 Del. C. 612(a)(4).
Is it a felony to assault someone over 62 in Delaware?
Recklessly or intentionally causing physical injury to a person 62 or older is assault in the second degree, a class D felony (11 Del. C. 612(a)(6)). Intentionally causing serious physical injury to that person is assault in the first degree, a class B felony (613(a)(7)).
Is choking someone a felony in Delaware?
Yes. Strangulation and suffocation under 11 Del. C. 607 are class D felonies, and class B felonies in listed circumstances such as using a weapon, causing serious physical injury, an existing no-contact order, a pregnant victim or a child victim. The absence of visible injury does not preclude a conviction.
Does Delaware have a domestic assault law?
Delaware has no separate domestic assault offense in its assault statutes; assault on a family member is charged under 611-613 like any other assault. Domestic violence is a defined term in 10 Del. C. 1041, part of the Family Court provisions of Title 10. Separately, committing assault in the third degree or certain other listed offenses knowing it was witnessed by a child under 18 who is a member of the person's or the victim's family is endangering the welfare of a child under 11 Del. C. 1102(a)(4).
How long do you have to sue for assault in Delaware?
Under 10 Del. C. 8119, an action for damages for alleged personal injuries must be brought within 2 years from the date the injuries were sustained, subject to 10 Del. C. 8127. The section does not name assault or battery separately.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Delaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 005 (SPECIFIC OFFENSES)
§ 612Assault in the second degree; class C or D felony.In forcecited in 2 of our articles
(a) A person is guilty of assault in the second degree when: (1) The person recklessly or intentionally causes serious physical injury to another person; or (2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, hospital security officer or constable, code enforcement constable, or a code enforcement officer who is acting in the lawful performance of duty.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 61 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Williamson v. State (Supreme Court of Delaware 2015, 113 A.3d 155)“…1 11 Del. C. § 612(a)(3).…”
- Oxendine v. State (Supreme Court of Delaware 1987, 528 A.2d 870)“…he lesser included offense of assault in the second degree (11 Del.C. § 612(1)). 3 Therefore, we affir…”
- Carter v. State (Supreme Court of Delaware 2007, 933 A.2d 774)“…udge found Carter delinquent of second degree assault under 11 Del. C. § 612(a)(2) and found that the State proved b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Delaware Pepper Spray and Stun Gun Laws (2026)
§ 611Assault in the third degree; class A misdemeanor.In force
A person is guilty of assault in the third degree when: (1) The person intentionally or recklessly causes physical injury to another person; or (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
§ 613Assault in the first degree; class B felony.In force
(a) A person is guilty of assault in the first degree when: (1) The person intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (2) The person intentionally disfigures another person seriously and permanently, or intentionally destroys, amputates or disables permanently a member or organ of another person’s body; or (3) The person recklessly engages in conduct which creates a substantial risk of death to another person, and thereby causes serious physical injury to another person; or (4) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person intentionally or recklessly causes serious physical injury to another person; or (5) The person intentionally causes serious physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty; or (6) The person intentionally causes serious physical injury to the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
§ 601Offensive touching; unclassified misdemeanor; class A misdemeanor.In force
(a) A person is guilty of offensive touching when the person: (1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or (2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person. (b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider. (c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
§ 607Strangulation or suffocation; class B or D felony; penalty; affirmative defense.In force
(a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person. (2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person. (b) (1) Except as provided in paragraph (b)(2) of this section, strangulation or suffocation is a class D felony. (2) Strangulation or suffocation is a class B felony if: a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or b. The person caused serious physical injury to the other person while committing the offense; or c. [Repealed] d. The person was subject to an existing court order prohibiting contact with the victim at the time of the offense; or e. The person committed the offense against a pregnant female; or f. The person committed the offense against a child.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Delaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 042 (CLASSIFICATION OF OFFENSES; SENTENCES)
§ 4205Sentence for felonies.In forcecited in 8 of our articles
(a) A sentence of incarceration for a felony shall be a definite sentence. (b) The term of incarceration which the court may impose for a felony is fixed as follows: (1) For a class A felony not less than 15 years up to life imprisonment to be served at Level V except for conviction of first degree murder in which event § 4209 of this title shall apply. (2) For a class B felony not less than 2 years up to 25 years to be served at Level V. (3) For a class C felony up to 15 years to be served at Level V. (4) For a class D felony up to 8 years to be served at Level V. (5) For a class E felony up to 5 years to be served at Level V. (6) For a class F felony up to 3 years to be served at Level V. (7) For a class G felony up to 2 years to be served at Level V. (c) In the case of the conviction of any felony, the court shall impose a sentence of Level V incarceration where a minimum sentence is required by subsection (b) of this section and may impose a sentence of Level V incarceration up to the maximum stated in subsection (b) of this section for each class of felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 188 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Barnes (Supreme Court of Delaware 2015, 116 A.3d 883)“…isions.4 Most relevant to this appeal, the TIS Act amended 11 Del. C. § 4205 to state, “[n]o sentence to Level V inc…”
- Broomer v. State (Supreme Court of Delaware 2026)“…(providing that second-degree murder is a class A felony); 11 Del. C. § 4205(b)(1) (defining the sentencing range fo…”
- Wheeler v. State (Supreme Court of Delaware 2025)“…ear Level V sentence if the victim was sixty-two or older); 11 Del. C. § 4205(b)(2) (2018) (providing that the senten…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Delaware GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Delaware AI Meeting Recording Laws (2026), Delaware Sexting Laws: Legal Consequences and Penalties
§ 4206Sentence for misdemeanors.In forcecited in 3 of our articles
(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate. (b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $1,150, restitution or other conditions as the court deems appropriate. (c) The sentence for an unclassified misdemeanor shall be a definite sentence fixed by the court in accordance with the sentence specified in the law defining the offense. If no sentence is specified in such law, the sentence may include up to 30 days incarceration at Level V and such fine up to $575, restitution or other conditions as the court deems appropriate.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Muhammad v. State (Supreme Court of Delaware 2015)“…s A misdemeanor is up to one year of Level V incarceration. 11 Del. C. § 4206(a). For Resisting Arrest, Muhammad was…”
- Tyre v. State (Supreme Court of Delaware 1980, 412 A.2d 326)“…ntence, the maximum imprisonment for a class A misdemeanor. 11 Del.C. § 4206(a). He brings this appeal. In li…”
- Shoemaker v. State (Supreme Court of Delaware 1977, 375 A.2d 431)“…ge to any person present; . . . .” 2 . 11 Del.C. § 4206(b) provides that the sentence “for a Cl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Delaware Jury Duty Laws: Pay, Excusals and Employer Rules
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Sources and References
- 11 Del. C. Chapter 5, Subchapter II, Part A, Assaults and Related Offenses (601-614)(delcode.delaware.gov).gov
- 11 Del. C. 4205, 4206 and 4214, Sentences for felonies and misdemeanors; habitual criminal(delcode.delaware.gov).gov
- 11 Del. C. 222, Definitions(delcode.delaware.gov).gov
- 10 Del. C. 1041, Definitions (domestic violence)(delcode.delaware.gov).gov
- 18 U.S.C. 922, Unlawful acts(www.govinfo.gov).gov
- 18 U.S.C. 921, Definitions(www.govinfo.gov).gov
- Delaware General Assembly, House Bill 268 (153rd General Assembly), assault of postal workers(legis.delaware.gov).gov
- 10 Del. C. 8119, Limitation for personal injury actions(delcode.delaware.gov).gov
- 11 Del. C. 1102, Endangering the welfare of a child(delcode.delaware.gov).gov
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