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?


Asked on 10/10/08, 7:48 am

2 Answers from Attorneys
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: second degree assault

i could not get your exact problem and question

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Answered on 10/12/08, 7:24 am
Edward Pankowski Edward Pankowski, Jr. Esq

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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Answered on 12/03/08, 1:16 pm


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