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Delaware Man Arrested on Drug and Weapons Charges


Delaware police recently announced the arrest of a 51-year-old man from Seaford, Delaware for felony drugs and weapons charges. According to police, they responded to a call of an inebriated man at around 10:20 a.m. at the Del-One Federal Credit Union located in Seaford. Police observed the man falling asleep while standing upright next to the ARM while holding cash, a receipt, and his bank card. During his interaction with police, the man exhibited multiple signs of intoxication. Later, the officer observed an ASP baton concealed at the suspect’s waist. The man was taken into custody without incident. The ensuing search of the suspect uncovered 48 baggies containing approximately .336 grams of heroin, and two pipes containing .28 grams of methamphetamine.

A computer inquiry of the suspect revealed that he was a convicted felon and is prohibited from possessing deadly weapons. The suspect has since been charged with:

  • 3 counts of Possession of a Deadly Weapon by a Person Prohibited
  • Carrying a Concealed Deadly Weapon
  • Possession of a Controlled Substance
  • Possession of Drug Paraphernalia
  • Unlawful Dealing with a Switchblade

Below, we will discuss the charges the defendant is facing.

Possession of a Deadly Weapon by a Person Prohibited 

Weapons charges are covered in 11 DE Code § 1448. While most people think that weapons charges are related strictly to firearms, that is not the case. Under Delaware law, you can be charged with possessing a deadly weapon as a felon that isn’t necessarily a gun. In this case, the defendant was carrying two weapons on his person when he was stopped by police. The first weapon was an ASP baton; the second was a switchblade. Both of these can be considered deadly weapons for the purposes of the statute.

Possession of a Deadly Weapon by a Person Prohibited is considered a Class F felony under Delaware law. A Class F felony is punishable by a maximum of 3 years in state prison.

Carrying a Concealed Deadly Weapon 

Again, authorities can charge a suspect for Carrying a Concealed Deadly Weapon even when that weapon is not a firearm. Under the Delaware statute, an individual can be charged with a Class G felony for carrying any concealed deadly weapon. A Class G felony is punishable by up to 12 months in prison. If the individual is carrying a firearm, they can be charged with a Class D felony which is punishable by up to 2 years in prison.

Understanding the law 

Delaware law makes it illegal to carry a deadly weapon in a concealed manner. You can, however, open carry a deadly weapon. In this case, the suspect was charged with carrying the weapons in a concealed fashion, which is a crime. Deadly weapons can include guns, knives that are larger than a pocketknife, or any instrument that can be used to cause death or serious physical injury.

Talk to a Wilmington, DE Criminal Defense Attorney Today 

If you are facing weapons charges in Delaware, Wilmington criminal lawyer, Michael W. Modica, can help defend you from the charges. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.



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