Legal Question in Criminal Law in Delaware
second degree assault
i have a pd and he keeps saying not to worry about the initial discoveries or witnesses the state has. will i have to do any jail time carrying a charge like this? what is the max or min time does a charge like this have? what if the victim doesn't show up at court will charges be dropped? is it good or bad if the preliminary hearing was waived? under a no contact order what happens if the victim constantly trys to contact you and does things to provoke you like change your mailing address on your utility bills?
2 Answers from Attorneys
Re: second degree assault
i could not get your exact problem and question
Re: second degree assault
Assault 2nd isClass D felony in Delaware 0-8 yrs. Level 5 jail THERE IS NO MANDATORY/MINIMUM, SO PROBATION POSSIBLE. sENTENCING GUIDELINES UP TO 2YRS level 5. you should report her no contact violations to your pre-trial relaese officer. Prelim waiver not bad because we usually get copy of arresting officers' police report in exchange If victim a no show at court case may be dismissed by Judge after RULE 48 MOTION BY DEFENSE COUNSEL I was a PD for 27 years in private criminal defense since I leftin 2003. Sounds like your PD has lost touch with you?case. Ed Pankowski
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