Best Assault & Battery Lawyers in Delaware

About Assault & Battery Law in Delaware, United States

Assault and battery are two distinct but closely related criminal offenses in Delaware. Assault generally refers to intentionally causing or attempting to cause physical injury to another person, or placing someone in fear of imminent bodily harm. Battery, while often used in other states, is not a separate crime in Delaware; instead, offenses involving harmful or offensive physical contact are included under various degrees of assault. Delaware law recognizes several types of assault, ranging from misdemeanors to serious felonies, depending on factors like the severity of injury, use of weapons, victim status, and intent. Being charged with assault in Delaware can lead to significant penalties, including jail time, fines, and a permanent criminal record.

Why You May Need a Lawyer

Facing assault charges in Delaware can have serious legal, personal, and professional consequences. You may need a lawyer in situations such as:

• You have been charged with any degree of assault after a physical altercation.
• You are accused of domestic violence involving physical harm or threats.
• You are the victim of assault and want to understand your rights or pursue charges.
• You are involved in a situation where self-defense or defense of others is in question.
• You are concerned about the impact of an assault charge on employment, firearms rights, or immigration status.
• You need guidance navigating the criminal justice system to ensure your rights are protected.

A lawyer can review the facts of your case, explain the charges, identify possible defenses, and work toward reducing charges, negotiating a plea bargain, or representing you at trial.

Local Laws Overview

Delaware's criminal code outlines several degrees of assault, each with specific definitions and penalties:

• Assault in the First Degree (Felony): Involves intentionally causing serious physical injury with a deadly weapon, or under circumstances showing extreme indifference to human life.
• Assault in the Second Degree (Felony): Applies when someone intentionally causes physical injury with a weapon, to specific protected persons (like law enforcement), or under certain aggravating circumstances.
• Assault in the Third Degree (Misdemeanor): Covers situations where someone intentionally or recklessly causes physical injury to another.
• Offensive Touching (Misdemeanor): Involves intentionally touching another person in an offensive or insulting manner; this covers much of what other states call battery.

There are enhanced penalties for assaults committed against certain groups (such as police officers, the elderly, or children), domestic violence cases, and when weapons are involved. Delaware also recognizes defenses such as self-defense, defense of others, lack of intent, and consent in specific circumstances.

Frequently Asked Questions

What is the difference between assault and battery in Delaware?

In Delaware, battery is not charged as a separate crime. Actions that would be considered battery in other states fall under the various assault statutes or as offensive touching, which involves harmful or offensive physical contact.

Is assault always a felony in Delaware?

No, assault charges range from misdemeanor to felony depending on the severity of injury, circumstances of the incident, and the individuals involved. Assault in the first and second degrees are felonies, while third degree assault and offensive touching are misdemeanors.

What are the possible penalties for assault in Delaware?

Penalties vary widely. Misdemeanor assault may result in up to one year in jail, while felony assault can lead to several years in state prison. Fines, probation, restitution, and mandatory counseling are also possible consequences.

Can I claim self-defense in an assault case?

Yes, Delaware law permits self-defense when a person reasonably believes they are in imminent danger of harm; however, the force used must be proportional to the threat faced. The circumstances of the case will decide if self-defense applies.

What should I do if I am accused of assault?

It is important to contact a criminal defense attorney as soon as possible. Avoid discussing the incident with police or others until you have legal representation. Gather any evidence or witness information that may support your version of events.

How does an assault charge affect my record?

An assault conviction, whether misdemeanor or felony, will become part of your permanent criminal record. This can impact employment, housing, and other aspects of your life. Delaware does offer some opportunities for expungement, but not for all convictions.

What if I am the victim of assault?

If you are a victim, contact law enforcement to report the incident. Seek medical attention if needed. You have the right to request a protection order against the accused and may be eligible for victim assistance services.

What is "offensive touching" under Delaware law?

Offensive touching is a misdemeanor offense that involves intentionally making physical contact with someone in a way that is considered insulting or provoking, even if no injury occurs.

Does it matter if the alleged assault happened during a fight?

Delaware law does consider consent as a defense in certain mutual fight situations. However, causing serious injury or using weapons can still result in criminal charges, regardless of consent.

Can I be charged with assault if no physical injuries occurred?

Yes, you may still be charged, especially for offenses like offensive touching or third degree assault if you intentionally placed someone in fear of imminent harm or made unwanted physical contact.

Additional Resources

Those seeking more information or assistance about assault and battery in Delaware may consider the following resources:

• Delaware Division of Public Health - For victim support programs and medical assistance.
• Delaware Office of the Attorney General - For information on victim rights and the criminal process.
• Delaware State Courts - For details about criminal proceedings and legal forms.
• Delaware State Police or your local police department - For reporting incidents or seeking immediate help.
• Local legal aid organizations - For those who may qualify for free or low-cost legal assistance.

Next Steps

If you are facing assault charges or are the victim of an assault in Delaware, it is critical to take action promptly. Begin by documenting everything you remember about the incident and collecting relevant information, such as medical records or witness contacts. Contact a qualified criminal defense or victim rights attorney who practices in Delaware for a consultation. They can assess your situation, explain your rights, and guide you through the legal process, ensuring the best possible outcome for your case.

Remember, time is often a factor in legal cases, so do not delay seeking professional legal assistance.