Assault Laws in Delaware

An assault defense lawyer can ensure your rights and your interests are protected in the event that a charge is brought against you. With offices in Newark and Wilmington, the assault attorneys at Rahaim & Saints serve Delaware clients throughout the state. Contact us today to learn more about how we may be able to help you.


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First Degree Assault


First degree assault is considered a Class B felony, making it one of the most serious charges an individual can face. First degree assault is defined as any attack or other action that:

  • Causes substantial risk of death or serious injury
  • Involves a deadly or dangerous weapon
  • Occurs while engaging in or attempting to commit a felony
  • Is committed against a law enforcement officer, firefighter or fire marshal, EMT or paramedic in the line of duty
  • Is committed against a doctor, nurse, paramedic or other healthcare worker attempting to deliver emergency care
  • Is committed against any person age 62 or older

A conviction of first degree assault results in a minimum of two years of prison time, as well as fines, probation and community service. Penalties are determined by a number of factors, including the circumstances of the act and the defendant’s prior criminal history.

Second and Third Degree Assault


Incidents not severe enough to qualify as a first degree assault can be charged as second or third degree crimes. Second degree assault is considered either a Class C or Class D felony, and it involves harsh penalties for anyone convicted — including up to 15 years in jail. Second degree assault covers any incident meeting the criteria for first degree assault where the severity of the injury or the intent of the attacker was not enough to justify a higher charge. Second degree assault also covers certain special cases, including an attack using an aerosol or hand spray (such as mace), and an attack committed by an adult against a person under the age of six.

Third degree assault is a misdemeanor charge that covers any incident resulting in injury caused by intention, recklessness or criminal negligence. It also includes “offensive touching,” which is any touching, by hand or by an instrument, with the intent to cause offense or alarm. Penalties for third degree assault include up to a year in jail (30 days for offensive touching), fines, probation and community service.


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Other Types of Assault


In addition to first, second and third degree charges, several other types of assault are covered by Delaware law. These include battery, domestic assault, sexual assault, child abuse and more. Maximum penalties vary by offense, and an experienced assault attorney who knows Delaware law can inform you of the potential consequences of a guilty conviction.

When to Contact an Assault Law Firm


In Delaware, any assault charge is serious enough to warrant calling a criminal defense attorney. If you’ve been charged with a crime, contact Rahaim & Saints today. During your free initial consultation, we will review your case and clearly outline your options. Our felony assault lawyer can represent you in court or in bargaining sessions and may be able to get the charges against you reduced or dropped.