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Category Archives: Assaults


What if the Victim Will Not Testify in a Delaware Assault Case?

By Michael W. Modica |

If you were arrested for assault in Delaware, you probably already know that every shred of evidence could make or break your case. The same is true for the government, since evidence is critical for the prosecution to meet its burden. The Due Process Clause of the 14th Amendment to the US Constitution requires… Read More »


What is the Difference Between Assault and Battery in Delaware?

By Michael W. Modica |

For many Americans, knowledge of the legal system comes from watching some of the amazingly realistic crime dramas on TV and in film. Therefore, when you hear the term “assault,” you might expect it to be followed by “battery.” In many US states, assault and battery are either separate crimes or combined offenses. However,… Read More »


What Separates Assault And Aggravated Assault In Delaware?

By Michael W. Modica |

There are multiple degrees of assault in Delaware, but the basic definition is intentionally causing physical injury to another person. Under certain circumstances, the crime is elevated to the much more serious charge of aggravated assault. Based upon statistics reported in the Crime in Delaware Quick Facts, it is clear that police and prosecutors… Read More »


What Assault Crimes Are Charged As Misdemeanors In Delaware?

By Michael W. Modica |

When you think of assault as a violent physical attack on someone, you might be surprised to learn that not all crimes in this category are classified as felonies. The issue comes down to definitions under the Delaware Criminal Code section on offenses against the person. There are numerous crimes that range in terms… Read More »


Can I Face Delaware Assault Charges For A Bar Fight?

By Michael W. Modica |

In short, yes you can be arrested for getting into a bar fight and probably will when owners call police. These scenarios are usually covered by Delaware’s statute on Assault in the Third Degree, i.e., intentionally or recklessly causing physical injury to another person. The offense is a Class A Misdemeanor, so you could… Read More »


Can I Be Convicted Of Assault Without A Victim In Delaware?

By Michael W. Modica |

The short answer may not be welcome news but, yes, you can be found guilty of an assault crime even when there is no witness to testify in court. Though the details vary according to the specific type of assault under Delaware law, the prosecutor has to prove that you intentionally injured someone or… Read More »


Overview Of Defenses To Assault Charges In Delaware

By Michael W. Modica |

The basic meaning of assault is an intentional touching or causing injury to another person, but there are multiple types of assault defined under the Delaware criminal code. On the low end, these crimes range from Offensive Touching to Reckless Endangering in the Second Degree, a Class A Misdemeanor punishable by up to a… Read More »


Classifications of Assault Crimes in Delaware

By Michael W. Modica |

There are multiple types of assault crimes under Delaware law, ranging from lower-degree misdemeanors up to much more serious felonies. It can be difficult to understand the differences among them, but you do need to be familiar if you were arrested for assault. It is important to know the charges you face, the potential… Read More »

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