A criminal assault occurs when someone intentionally touches or injures another person. Some states refer to this as a criminal battery. Delaware classifies this as an assault or offensive touching. My office represents people charged with any all types of assault crimes in Delaware such as
- Offensive Touching
- Assault 3rd Degree
- Assault 2nd Degree
- Assault 1st Degree
- Abuse of a Sports Official
- Abuse of a Pregnant Female
- Assault by Abuse or neglect
The following are some of the more common assault crimes in Delaware and their definitions.Offensive Touching
Offensive touching is an unclassified misdemeanor. The precise definition can be found in the Delaware Criminal Code at 11. Del. C. 601. Offensive touching typically occurs when you push, shove kick or strike someone. If you have not been in trouble for the past 5 years you will likely be eligible for Probation Before Judgment and should enter that program to avoid criminal conviction. The maximum sentence is up to 30 days in jail and/or up to a $575 fine. If it is your first or second offense, the presumptive sentence is a fine only. If it is your third offense within 2 years you could get up to 6 months of probation at level I or II. You may also have to pay restitution, which means pay for any medical bills. Offensive touching escalates to a Class A misdemeanor when you strike a police officer or other law enforcement.
Assault of the Third Degree is a Class A misdemeanor in Delaware. The definition of Assault 3rd Degree can be found in the Delaware Criminal Code at 11 Del.C. §611. The crime of Assault 3rd in Delaware involves punching someone or hitting someone and causing physical injury or substantial pain to the other person. The definition of physical injury can be found at 11 Del.C. §222 (23). The presumptive sentencing range for Assault 3rd is up to 12 months on level II probation. The maximum sentence for Assault 3rd is up to 1 year in jail and a $2300 fine. The most common examples of Assault 3rd occur in fist fights or domestic abuse scenarios between spouses or lovers. Please note that Assault 3rd committed in a domestic situation is not eligible for theFirst Offender Domestic Violence Diversion Program.
Assault of the Second Degree is a class D felony. Assault 2nd degree occurs when you cause serious injuries to another person without the use of a deadly weapon. An example would be beating up someone badly with your fists and causing permanent disfigurement to their face. Assault of the second degree also occurs when you cause physical injury to a police officer. Punching a cop and causing minor injury constitutes an Assault 2nd. For Assault 2nd the sentencing guideline calls for up to 2 years in jail. The maximum sentence is up to 8 years in jail. If you are facing an Assault 2nd, you are facing jail time at the discretion of the sentencing judge. If you have no prior criminal record, a felony could ruin your life and you either need to beat the charge or plea to a misdemeanor.
Assault First Degree is the most serious assault crime and constitutes a Class B Felony. Examples of Assault 1st are stabbing someone with a knife and causing serious physical injury or beating someone up and causing serious physical injury while in the commission of another felony. These are just a few examples of Assault 1st. The exact definition of Assault 1st can be found at 11 Del.C. §613 The sentencing range for Assault 1st is 2-5 years in jail. There is a 2 year mandatory sentence on Assault 1st. The maximum sentence is 25 years in jail.
My office will take the time to go over your case in detail free of cost at the initial consultation. Call Jason Antoine, Wilmington Assault Lawyer at 302-482-4802 if you or a loved one are facing assault charges in Delaware.