A Class A misdemeanor in Delaware is the most serious misdemeanor charge in the state, punishable by up to one year in jail and a fine of up to $2,300. It sits just below a felony on the severity scale, and a conviction stays on your criminal record, where it can affect employment, housing, professional licensing, and in some circumstances your right to own a firearm.
How Delaware Classifies Misdemeanors
Delaware splits misdemeanors into two tiers. Class A is the higher one; Class B carries a maximum of six months in jail and a fine of up to $1,150.1Justia. Delaware Code 11-4202 – Classification of Misdemeanors2Justia. Delaware Code 11-4206 – Sentence for Misdemeanors Class A roughly doubles both ceilings.
Whether a particular crime is Class A or Class B is set inside the statute that defines the offense, not in a master list. Some offenses move between classifications depending on the facts. Theft is the clearest example: it’s a Class A misdemeanor when the property is worth less than $1,500, and becomes a felony once the value reaches that threshold.
Offenses Commonly Charged as Class A Misdemeanors
Third-Degree Assault
Third-degree assault covers intentionally or recklessly causing physical injury to another person. It also reaches injury caused by criminal negligence when a deadly weapon or dangerous instrument is involved.3Justia. Delaware Code 11-611 – Assault in the Third Degree; Class A Misdemeanor It is the lowest assault charge in Delaware. Assaults involving more serious injury or weapons escalate to second-degree or first-degree assault, both felonies.
Theft of Property Worth Less Than $1,500
Theft is a Class A misdemeanor when the stolen property’s value is under $1,500. At $1,500 or more, the charge becomes a Class G felony, and higher values escalate from there.4Justia. Delaware Code 11-841 – Theft The dollar thresholds shift downward when the victim is 62 or older, has a disability, or is an impaired adult, so smaller amounts can trigger felony charges in those cases.
Resisting Arrest
Resisting arrest is a Class A misdemeanor when you intentionally try to prevent an officer from making an arrest or detention, or when you intentionally flee from one.5Justia. Delaware Code 11-1257 – Resisting Arrest With Force or Violence; Resisting Arrest Use force or violence while resisting and the same statute makes the charge a felony. The line between the two can turn on a single moment in an encounter.
Penalties You Can Face
The statutory ceiling is one year of incarceration (Level V supervision) and a fine of up to $2,300. Courts can also order restitution and impose other conditions they consider appropriate.2Justia. Delaware Code 11-4206 – Sentence for Misdemeanors Those are maximums. Actual sentences depend on the offense, the harm caused, and the defendant’s history.
Jail Time
Judges have broad discretion to set jail time anywhere from zero days up to the full year. Prior criminal history, significant harm to a victim, and disregard for others’ safety push sentences up. No prior record, accountability, and strong community ties can push them down. First-time offenders charged with lower-harm conduct rarely receive the maximum.
Fines and Restitution
The $2,300 maximum fine applies to any Class A misdemeanor regardless of the specific charge. Restitution is separate and additional. When an offense involves property damage or theft, courts frequently order the defendant to compensate the victim for actual losses. Fines go to the state; restitution goes to the person harmed.
Probation and Community Service
Probation lets you serve a sentence under supervision in the community instead of behind bars. Typical conditions include regular check-ins, maintaining employment, and avoiding new charges. Community service may be added on its own or built into probation. For first-time offenders at the lower end of the Class A spectrum, probation combined with community service is a realistic outcome, especially where a defense attorney negotiates effectively.
How the Case Moves Through Court
Misdemeanor cases typically begin in the Justice of the Peace Court. You have the right to transfer your case to the Court of Common Pleas at arraignment.
Arraignment
Arraignment is your first appearance before a judge after being charged. The court reads the charges, and you enter a plea: guilty, not guilty, or no contest. A not guilty plea sets a trial date and establishes bail. A guilty plea usually moves the case straight to sentencing.6Delaware Courts. Information for Defendants in the Justice of the Peace Courts If you’re unsure, pleading not guilty keeps your options open; you can change your plea later after talking to an attorney.
Plea Negotiations
Most misdemeanor cases end in a plea agreement rather than a trial. Prosecutors may agree to recommend a lighter sentence, reduce the charge to a Class B misdemeanor, or drop certain counts in exchange for a guilty plea. The judge still controls sentencing and is not bound by the prosecutor’s recommendation.7United States Department of Justice. Plea Bargaining
Trial and Sentencing
If no plea is reached, the case goes to trial. You have the right to a jury trial on a Class A misdemeanor charge. The prosecution must prove every element beyond a reasonable doubt. If you’re convicted at trial, a separate sentencing hearing follows, with the judge setting penalties within the statutory limits.
Defenses That Often Apply
Self-defense is the most common justification raised in third-degree assault cases. Delaware law permits the use of force when you reasonably believe it is immediately necessary to protect yourself against someone else’s unlawful force.8Justia. Delaware Code 11-464 – Justification – Use of Force in Self-Protection “Reasonably” is the operative word. Overreacting or using disproportionate force weakens the defense quickly.
In theft cases, lack of intent is often the strongest argument. The prosecution has to prove you intended to take someone else’s property. A genuine belief that the item was yours, or a case of mistaken identity, can defeat the charge. Identification defenses are especially effective when video evidence is poor or when a single eyewitness is the only source.
Mitigation won’t produce an acquittal, but it can reduce a sentence. Cooperation with law enforcement, no prior record, remorse, and voluntary restitution all carry weight at sentencing.
How Long Prosecutors Have to File Charges
A Class A misdemeanor must be charged within three years of the offense. Class B misdemeanors have a two-year window, most felonies a five-year window, and murder and Class A felonies no time limit at all.9Justia. Delaware Code 11-205 – Time Limitations The three-year clock can pause: time spent outside Delaware to avoid prosecution generally doesn’t count, and the clock resumes when you return or become available for prosecution.
Firearm Consequences
This is where a Class A misdemeanor conviction can carry a consequence people don’t anticipate. Federal law prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing firearms, whether or not the offense was charged under a domestic violence statute.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A third-degree assault conviction involving a spouse, former spouse, co-parent, or someone you lived with as an intimate partner qualifies. The ban is permanent and applies retroactively.
For non-domestic Class A misdemeanors, the general federal firearm prohibition under 18 U.S.C. ยง 922(g)(1) applies only to crimes “punishable by imprisonment for a term exceeding one year.” Federal law specifically carves out state misdemeanors punishable by two years or less.11Office of the Law Revision Counsel. 18 USC 921 – Definitions Because Delaware’s Class A misdemeanor maximum is one year, a standard conviction does not trigger the general federal ban. The domestic violence exception is the trap.
Your Criminal Record and Expungement
A Class A misdemeanor conviction becomes part of your permanent criminal record and shows up on background checks, creating real obstacles for employment, housing, professional licensing, and school applications. Delaware has expanded expungement significantly in recent years, and several paths may be available.
Cases Without a Conviction
If your case ends without a conviction, you’re eligible for mandatory expungement. Delaware treats a case as “terminated in favor of the accused” when you’re acquitted, when all charges are dismissed, when the prosecutor enters a nolle prosequi, or when you complete probation before judgment and the court discharges you.12Justia. Delaware Code 11-4372 – Applicability; Definitions; Effect of Expungement You’re also eligible if you were arrested but no charges were filed within one year.
Convictions
Delaware has two main pathways to expunge a misdemeanor conviction. Mandatory expungement is available if five years have passed since the conviction and you have no other convictions on your record; the State Bureau of Identification is required to expunge in that case.13Delaware Code Online. Delaware Code Title 11 – Subchapter VII – Expungement of Criminal Records Discretionary expungement may be available after as little as three years with no prior or subsequent convictions, though the court decides whether to grant the petition.
A separate route opens after an unconditional pardon from the Governor. You can then petition for discretionary expungement of most convictions, though certain serious offenses like murder and rape are permanently excluded.14Justia. Delaware Code 11-4375 – Discretionary Expungement Following a Pardon
Once a record is expunged, you are not required to disclose the arrest or conviction to anyone for any purpose, including on job applications.12Justia. Delaware Code 11-4372 – Applicability; Definitions; Effect of Expungement The records are destroyed or sealed in the custody of the State Bureau of Identification and don’t appear on standard background checks.
Getting an Attorney
Hiring a defense lawyer is the single decision most likely to change the outcome of a Class A misdemeanor case. An experienced attorney can evaluate whether the evidence actually supports the charge, identify weaknesses in the prosecution’s case, negotiate plea agreements, and present mitigating factors at sentencing. For contested cases, or any charge that could trigger firearm restrictions, representation matters even more.
If you can’t afford a private attorney, Delaware’s Office of Defense Services provides court-appointed counsel to defendants who meet financial eligibility requirements based on income and household size. Private defense fees for misdemeanor cases generally range from about $1,000 to $10,000, depending on complexity and whether the case goes to trial.