Understanding Habitual Offender Status in Delaware: What It Means and Why It Matters

If you get charged with a crime in Delaware and have a criminal record, you can face enhanced penalties. Delaware has specific rules that allow the courts to impose enhanced sentences on those it deems habitual offenders. If you understand how this process works and how a skilled defense attorney can fight it, it could make a significant difference in your criminal case.

What is a habitual offender in Delaware? 

The habitual offender statute is designed to target those with multiple convictions. It essentially increases the penalties against you if you have felony priors. Under 11 Del. C. § 4214, the prosecutor can seek enhanced penalties for individuals with prior felonies. There are two types of habitual offender classifications:

• General felonies – If you have been convicted of two or more previous felonies, you can be subject to more severe penalties when convicted of a third.
• Violent felonies – If your past convictions were for violent felonies, you can face even more serious consequences. A person convicted of a fourth violent felony can face mandatory life imprisonment without any hope of parole.

The Delaware courts take these enhanced penalties quite seriously. Prosecutors often pursue them aggressively. That doesn’t, however, mean you’re out of options.

How the habitual offender law is applied

Ordinary sentencing gives judges more discretion on what penalties a defendant will face. Habitual offender sentencing under Section 4214 can include mandatory minimum sentences or even life sentences. Once the prosecutor files a motion that alleges habitual offender statutes, a hearing is held to determine whether the defendant’s priors qualify for the statute. Some key questions might include:

• Were the prior offenses felonies under Delaware law?
• Were they committed at different times as opposed to part of one continuous event?
• Were the priors properly documented and finalized?

If these questions can’t be answered in the affirmative, it can become a crucial factor in your defense strategy.

Challenging habitual offender classification

Under the law, someone can have a prior criminal history, but not automatically be a habitual offender under the statute. Your Wilmington criminal defense attorney can:

• Challenge the validity of prior convictions
• Argue that the offenses do not qualify as individual felonies
• Present mitigating factors that discourage the prosecution from going after enhanced penalties.
• Negotiate a plea that avoids habitual offender status

In a lot of cases, the prosecution may pursue habitual offender status as leverage in plea negotiations. Having a skilled criminal defense attorney manage your case can prevent the prosecution from applying this type of pressure.

Why it is important to act early

If you have prior convictions and are facing a felony in Delaware, it could lead to enhanced penalties against you. This is why it is important to speak with a skilled criminal defense attorney about how to handle your case. The earlier you talk to a lawyer, the better your chances of avoiding habitual offender status.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of Wilmington residents who have been charged with crimes. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.