COVID-19: Open for Phone Calls M-F 9 to 5pm     CALL NOW  (302) 658-1717

DELAWARE DRUNK DRIVING – DUI – DWI DEFENSE LAWYER & ATTORNEY

Call us at (302)658-1717 or (302)736-5500


Delaware – Vehicular Homicide in the Second Degree – 11 Del. Code § 630;
Delaware – Vehicular Homicide in the First Degree – 11 Del. Code § 630A;
Criminally Negligent Homicide – 11 Del. Code § 631;
Manslaughter – 11 Del. Code § 632;
Murder in the Second Degree – 11 Del. Code § 635 – Full Text of Statutes


DELAWARE VEHICULAR HOMICIDE IN THE SECOND DEGREE FELONY LAW*


§ 630. Vehicular homicide in the second degree; class F felony; minimum sentence; juvenile offenders.

(a) A person is guilty of vehicular homicide in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes the death of another person; or

(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes the death of another person.

Vehicular homicide in the second degree is a class F felony.

(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.

(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.


DELAWARE VEHICULAR HOMICIDE IN THE FIRST DEGREE FELONY LAW*


§ 630A. Vehicular homicide in the first degree; class E felony; minimum sentence; juvenile offenders.

(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s criminally negligent driving or operation of said vehicle causes the death of another person.

Vehicular homicide in the first degree is a class E felony.

(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of such sentence.

(c) Every person charged under this section after having reached their 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.


DELAWARE CRIMINALLY NEGLIGENT HOMICIDE FELONY LAW*


§ 631. Criminally negligent homicide; class E felony.

A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.

Criminally negligent homicide is a class E felony.


DELAWARE MANSLAUGHTER FELONY LAW*


§ 632. Manslaughter; class B felony.

A person is guilty of manslaughter when:

(1) The person recklessly causes the death of another person; or

(2) With intent to cause serious physical injury to another person the person causes the death of such person, employing means which would to a reasonable person in the defendant’s situation, knowing the facts known to the defendant, seem likely to cause death; or

(3) The person intentionally causes the death of another person under circumstances which do not constitute murder because the person acts under the influence of extreme emotional disturbance; or

(4) The person commits upon a female an abortion which causes her death, unless such abortion is a therapeutic abortion and the death is not the result of reckless conduct; or

(5) The person intentionally causes another person to commit suicide.

Manslaughter is a class B felony.


DELAWARE MURDER IN THE SECOND DEGREE FELONY LAW*


§ 635. Murder in the second degree; class A felony.

A person is guilty of murder in the second degree when:

(1) The person recklessly causes the death of another person under circumstances which manifest a cruel, wicked and depraved indifference to human life; or

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person, with criminal negligence, causes the death of another person.

Murder in the second degree is a class A felony.

*Current as of October 31, 2008


Knepper Stratton US NEWS WORLD REPORT Best Law Firms Rating Since 2017 Knepper & Stratton – Rated by U.S. News & World Report Since 2017

CONTACT US NOW
CALL 302-658-1717

       

    *Free consultation for Delaware personal injury or auto injury cases. No attorney-client relationship is created by use of this contact form. Read disclaimer at the bottom of this page.

    Reviews


    Review Date: 11/23/2016
    "I was in for the fight of my life, against a large company. By myself, I didn’t have chance, but having a team with Knepper and Barbara Stratton I was able to persevere."
    ★★★★★

    Review Date: 4/3/2017
    "Exceeded my expectations!"
    ★★★★★
    -Anonymous


    See more reviews.

    Ratings & Associations

     

    E. Martin Knepper Avvo Rated

    Knepper Stratton National Trial Lawyers Top 100
    Knepper Stratton Best Lawyers 2022 Rating

    Knepper Stratton Distinguished Law Firm Rating

    Delaware Trial Lawyers Barbara Stratton