Understanding Weapons Offenses in Delaware (Part 2 of 2)

This article is a continuation of the previous article, Understanding Weapons Offenses in Delaware.

Possession of a Firearm During the Commission of a Felony

Any individual who possesses a firearm during the commission of a felony is guilty of a class B felony on top of the charges for whatever felony they committed. This crime carries a mandatory three-year prison sentence. If this is your third felony conviction, you face a mandatory five-year prison sentence. This sentence cannot be suspended or given “good time” credit. Juveniles over the age of 15 can be tried as adults.

Possession of a Deadly Weapon by a Person Prohibited 

In Delaware, individuals prohibited from carrying deadly weapons include those who:

• Were convicted of a felony crime of violence in which they caused physical injury to the victim
• Were committed to a mental institution
• Were convicted of possessing a controlled substance
• Were the subject of an order of protection from abuse
• Were convicted of the crime of domestic violence
• Are a juvenile
• Were in possession of a semi-automatic or automatic firearm and also in possession of a controlled substance

If you are someone who falls into one of the above categories, you can be charged with a serious crime if you own, possess, or control a deadly weapon. If you were convicted of only a misdemeanor, you are prevented from possessing a deadly weapon for five years. Deadly weapons include knives larger than a pocket knife and any other instrument that can be used as a weapon. Those carrying a firearm who have been previously convicted of a felony can face a three-year mandatory minimum sentence. You can face a five-year mandatory minimum sentence if you commit the crime within ten years of committing a violent felony. The mandatory minimum is ten years if you have two previous violent felonies. Even juveniles face a mandatory minimum of six months in jail if convicted.

Possession of a Weapon in a Safe School Zone or Recreation Area

You can be held guilty of this crime if you commit any of the following offenses in a safe school or recreation zone:

• Carry a concealed deadly weapon (class G and class D felonies)
• Possess a destructive weapon (class E felony)
• Possess a switchblade (misdemeanor)
• Possess a deadly weapon as a person prohibited (class F felony)
• Possess a knuckle-combination knife (class B misdemeanor)
• Possess throwing stars (class B misdemeanor)
• Are a juvenile and possess a firearm or deadly weapon in a school zone

Any juvenile convicted of this crime will be suspended from school for a minimum of 180 days.

Talk to a Wilmington, DE Weapons Crimes Attorney Today

The Law Office of Michael W. Modica represents the interests of those who are facing serious weapons charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.