§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity.
§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity. Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion thereof, where the court finds by clear and convincing evidence, […]
§ 4209A. Punishment for first-degree murder committed by juvenile offenders.
§ 4209A. Punishment for first-degree murder committed by juvenile offenders. Any person who is convicted of first-degree murder for an offense that was committed before the person had reached the person’s eighteenth birthday shall be sentenced to term of incarceration not less than 25 years to be served at Level V up to a term […]
§ 4210. Arrest and disposition of intoxicated persons.
§ 4210. Arrest and disposition of intoxicated persons. (a) Any intoxicated person taken into custody for a violation of § 1315 of this title shall immediately be taken to a detoxification center where the person shall be admitted as a patient. (1) The arresting officer shall leave a summons for such intoxicated person with the […]
§ 4211. Payment of expenses.
§ 4211. Payment of expenses. Any person treated under § 4210 of this title shall, any law to the contrary notwithstanding, be responsible for the incurred expenses, and shall be billed for same by the Department of Mental Health. 11 Del. C. 1953, § 4211; 58 Del. Laws, c. 497, § 2;
§ 4201. Transition provisions.
§ 4201. Transition provisions. (a) Felonies are classified, for the purpose of sentence, into 7 categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; (5) Class E felonies; (6) Class F felonies; (7) Class G felonies. (b) Any crime or offense which is designated as a felony […]
§ 4202. Classification of misdemeanors.
§ 4202. Classification of misdemeanors. (a) Misdemeanors are classified for the purpose of sentence into 2 categories: (1) Class A misdemeanors; (2) Class B misdemeanors. (b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a class B misdemeanor or a violation shall be an unclassified misdemeanor or […]
§ 4203. Violations.
§ 4203. Violations. There shall be a class of offenses denominated violations. No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense. 11 Del. C. 1953, § 4203; 58 Del. Laws, c. 497, § 2;
§ 4204. Authorized disposition of convicted offenders.
§ 4204. Authorized disposition of convicted offenders. (a) Every person convicted of an offense shall be sentenced in accordance with this Criminal Code, with the exception of an environmental misdemeanor as defined in § 1304 of Title 7. This section applies to all judgments of conviction, whether entered after a trial or upon a plea […]
§ 4204A. Youth convicted in Superior Court.
§ 4204A. Youth convicted in Superior Court. (a) [Repealed.] (b) When a child who has not reached that child’s eighteenth birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sentence and such child shall remain in the custody of […]
§ 4205. Sentence for felonies.
§ 4205. Sentence for felonies. (a) A sentence of incarceration for a felony shall be a definite sentence. (b) The term of incarceration which the court may impose for a felony is fixed as follows: (1) For a class A felony not less than 15 years up to life imprisonment to be served at Level […]