Criminal Defense Lawyers

What are the Key Factors in Delaware’s Sentencing Guidelines?

The Insider‘s Guide to Delaware‘s Sentencing Guidelines

The Basics: Felonies, Misdemeanors, and Violations

Before we get into the guidelines themselves, we need to cover some baseline terminology. In Delaware, crimes are classified into three main buckets: felonies, misdemeanors, and violations. Felonies are the most serious offenses, ranging from Class G (the lowest level) all the way up to Class A (think murder, rape, etc.). Misdemeanors are less severe crimes, split into Class A and Class B categories. Finally, violations are the lowest level of offense, like minor traffic infractions.Why does this matter for sentencing? Because the classification determines the maximum possible penalty you could face. For felonies, we’re talking years – potentially decades – of prison time. Misdemeanors could still land you in jail for up to a year. Even violations carry fines of up to $345. So right off the bat, the crime classification sets an upper bound on your sentence. But where exactly will you fall within that range? That’s where Delaware’s sentencing guidelines come into play.

The Sentencing Guidelines: A Calculation, Not a Mandate

Unlike some other states, Delaware’s sentencing guidelines are not mandatory – they simply provide a recommended sentence based on a specific calculation. Think of it like a formula that takes into account the key details of your case. The first major factor is the offense itself. The guidelines group crimes into different categories with an associated base level. More serious offenses obviously have a higher base level and therefore a longer recommended sentence. For example, let’s say you were convicted of a non-violent Class C felony like drug possession. The base level for that offense is 5. But that’s just the starting point – we have to adjust from there based on the specifics.

The Details That Shift the Calculation

Here’s where it gets granular. The guidelines consider a whole host of aggravating and mitigating factors that can increase or decrease the recommended sentence from that base level. Some examples:

• Criminal history (the more priors you have, the higher the sentence) 
• Use of a weapon during the crime (increases sentence)
• Vulnerability of the victim (increases sentence for crimes against minors, elderly, etc.)
• Your role (ringleader vs. minor participant)
• Acceptance of responsibility (decreases sentence if you took accountability)

The list goes on and on – things like obstructing justice, committing a hate crime, abusing a position of trust. Basically, any details that make the offense more or less egregious get baked into the calculation. Let’s go back to that drug possession example. Say you had one prior conviction, but you accepted responsibility and showed remorse. Your criminal history would increase the recommended sentence, but the acceptance of responsibility would decrease it. The guidelines take all those factors and spit out a presumptive sentence – a recommended range of time to serve based on the offense level and your criminal history category. For that Class C felony, it could be anything from probation to over 10 years in prison depending on the specifics. But here‘s the key: that presumptive sentence is just a recommendation, not a mandate. The judge has the ultimate discretion to go above or below the guidelines based on “substantial and compelling” circumstances. Your lawyer‘s job is to make that compelling case for a more lenient sentence.

How Judges Really Decide: Departing from the Guidelines

You might be thinking, “Well if the guidelines are just a recommendation, what’s stopping the judge from going totally rogue?” It’s a valid concern – you don’t want sentencing to be a total crapshoot. The guidelines provide some guardrails by requiring judges to consider certain factors and explain their reasoning for any departures from the presumptive sentence.

Specifically, judges must weigh:

• The nature and circumstances of the offense
• Your history and characteristics as the defendant
• The need for the sentence to provide just punishment, deterrence, protection, etc.
• The kinds of sentences available
• Any pertinent policy statements issued by the Sentencing Accountability Commission (SENTAC)
• The need to avoid unwarranted sentencing disparities

So while judges have flexibility, they can’t just do whatever they want. They have to justify significant departures from the guidelines based on a reasoned analysis of the case details and sentencing factors. Of course, that still leaves a lot of room for interpretation and subjectivity. Some judges are known for being tough on certain crimes, while others take a more rehabilitative approach. A skilled defense lawyer knows how to emphasize the mitigating factors and frame your case in the most favorable light. But at the end of the day, the sentence is up to the judge’s discretion after weighing all the guidelines, factors, and arguments.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Why This Stuff Matters: Real-World Consequences

Here’s why it’s crucial: because even if the final sentence departs from the guidelines, those calculations set the baseline that the judge has to grapple with. They frame the entire discussion around your sentencing. Think about it this way. If the guidelines recommend 5-7 years for your offense, it’s going to be an uphill battle to argue for just probation. The judge would have to really go out on a limb to impose such a drastically lower sentence without very compelling justification. On the flip side, if the guidelines suggest a range of probation to 2 years, you‘re in a much better position to advocate for leniency and make the case for no jail time at all. The guidelines have already set probation as a reasonable outcome based on the calculation. So while they‘re not binding, the guidelines establish the playing field and anchor the discussion around reasonable sentencing outcomes. An experienced defense attorney knows how to navigate those guidelines to your advantage. But there’s an even bigger reason why understanding the guidelines matters: appeal rights.

The Importance of Preserving Appeal Rights

Maybe you got an inexperienced lawyer who did a poor job advocating for you at sentencing. Maybe the judge seemed biased or made problematic interpretations of the guidelines. Whatever the reason, you think your sentence was unreasonable and want to appeal. Here’s the catch: to preserve your appeal rights, your lawyer had to make specific objections on the record about the guideline calculations and application during the original sentencing. If they didn’t follow the right procedures and make a record of the objections, you may be out of luck on appeal no matter how outrageous the sentence seems. That’s why it’s so important to have counsel who understands the intricacies of the guidelines and sentencing process inside and out. They need to check every box and make sure to protect your ability to appeal if needed. Because at the end of the day, an unjust or unreasonable sentence can have life-altering consequences in terms of your freedom, finances, career prospects, and much more. Having a path to appeal and get the sentence reviewed could make all the difference. 

So in summary, the sentencing guidelines matter because:

1. They frame the discussion and set baselines for the judge
2. Skilled lawyers can leverage the guidelines to your advantage
3. Following the right procedures preserves your appeal rights

When you understand how much weight these guidelines carry – even if not strictly binding – you can see why it‘s so crucial to have an attorney who can deftly navigate them in your favor.

Additional Considerations: Mandatory Minimums and More

Of course, the sentencing guidelines are just one part of a much larger picture when it comes to criminal sentencing in Delaware. Here are a few other key factors that can come into play:

Mandatory Minimum Sentences
For certain crimes, Delaware has instituted mandatory minimum sentences that take precedence over the guidelines’ recommendations. 9 For example, a conviction for Trafficking Cocaine carries a mandatory 3-year minimum prison sentence. No matter what mitigating factors exist, the judge cannot go below that floor for the sentence. These mandatory minimums can also be “stacked” or accumulated when someone is convicted of multiple counts. So if you had two convictions that each carried a 3-year mandatory minimum, the judge would have to sentence you to at least 6 years – 3 years for each count served consecutively. As you can imagine, mandatory minimums can result in extremely harsh sentences that override the more nuanced calculations of the guidelines. Your lawyer needs to be aware of any mandatory minimums that could apply to your case.

Habitual Offender Statutes
Delaware also has habitual offender laws that impose enhanced sentences for those with certain patterns of prior convictions. 10 For example, if you have two separate prior felony convictions for violent crimes, any subsequent violent felony conviction would carry a minimum sentence of life in prison.These habitual offender statutes essentially circumvent the normal guidelines by mandating specific sentence lengths for repeat offenders. The judge‘s discretion becomes very limited in these situations.

Alternative Sentencing Options
While the guidelines and mandatory minimums focus primarily on incarceration, Delaware judges also have the option to impose alternative sanctions like probation, fines, community service, substance abuse treatment, and more. The guidelines provide a framework for determining which defendants may be eligible for alternative, non-prison sentences based on the offense level and criminal history. But the judge has discretion to go beyond those recommendations and craft a custom sentence with alternative components.For defendants looking at potential jail time, having a lawyer who can present a compelling argument for alternative sentencing can be a game-changer. Maybe substance abuse treatment and community service would be more appropriate than years behind bars, depending on the situation.

Plea Bargains and “Sentencing Entrapment”
Finally, it‘s important to understand the role that plea bargains can play in ultimately determining a sentence. In many cases, the prosecution and defense will negotiate a plea deal where the defendant admits guilt in exchange for a specific, agreed-upon sentence recommendation. While the judge doesn’t have to accept the agreed-upon sentence, they typically will unless there are glaring issues. So the plea negotiation process essentially lets the parties settle on a reasonable sentence while avoiding the uncertainty of letting the guidelines drive the outcome.

However, there‘s also a risk of what’s known as “sentencing entrapment” with these negotiated pleas. That‘s where the defendant is led to believe the likely sentence will be low based on the information provided during plea negotiations. But then once they plead guilty, additional facts get introduced that trigger much higher guidelines – and therefore a higher sentence than expected. 

To avoid this, your lawyer needs to gather all relevant facts upfront and do a thorough guidelines calculation before entertaining any plea offers. Otherwise, you could end up pleading guilty only to get blindsided by a way harsher sentence than you thought.