Weapons charges are categorized as felonies, and can result in incarceration if convicted. If you have been accused of an offense involving weapons in Delaware, contact us today for a free consultation.
Carrying a Concealed Deadly Weapon: A person is guilty of Carrying a Concealed Deadly Weapon when he or she intentionally, knowingly, or recklessly carries concealed a deadly weapon upon or about his person so as it is immediately available and accessible, without a license to do so. A “Deadly Weapon” can be defined as a firearm, a bomb, a knife other than an ordinary pocket knife carried in a closed position, a switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain, ice pick or any dangerous instrument which is used or attempted to be used to cause death or serious physical injury.
- Carrying a Concealed Deadly Weapon is categorized as a Class G Felony which is punishable up to 2 years at level V incarceration.
- This crime becomes a Class E Felony if the offender has been convicted within the previous 5 years of the same offense.
Possession of a Deadly Weapon During the Commission of a Felony: A person is guilty of this crime when he intentionally, knowingly or recklessly possesses a deadly weapon during the commission of any felony. A person is in possession of said weapon when it is physically available or accessible to him during the commission of the felony. A defendant can also be convicted as an accomplice under this charge even though a co-defendant actually possessed the weapon.
- Possession of a Deadly Weapon During the Commission of a Felony is known as a Class B Felony which is punishable from 2 to 25 years imprisonment at level V.
Possession of a Firearm During the Commission of a Felony: A person who is guilty of this crime has intentionally, knowingly or recklessly possessed a firearm during the commission of any felony.
- This crime is considered to be a Class B Felony that carried a 3 year minimum sentence at level V but is punishable up to 25 years imprisonment at level V.
Possession of a Deadly Weapon by a Person Prohibited: A person is guilty of this crime if he was convicted of a felony or a crime of violence involving bodily injury, was committed to an institution for a mental disorder, has been convicted of possessing a controlled substance, is subject to a protection from abuse order, has been convicted of a crime of domestic violence, is a juvenile and the deadly weapon is a handgun or knows he is to stand trial for a felony but fails to appears and becomes a fugitive and purchases owns or possesses or controls a deadly weapon or ammunition.
- This crime is deemed to a Class F Felony if the deadly weapon is not a firearm. This is then punishable up to 3 years at level V.
- This crime is classified as a Class D Felony if the weapon is a firearm which is punishable up to 8 years at level V incarceration.
- It should be noted that a minimum sentence of 1 year is required which is increased to 3 years if possession is within 10 years of a conviction for a prior violent felony. If previously convicted of two or more separate violent felonies, a five year minimum sentence applies.