11 Del. C. § 4201
Transition provisions
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(a) Felonies are classified, for the purpose of sentence, into 7 categories:
(1) Class A felonies;
(2) Class B felonies;
(3) Class C felonies;
(4) Class D felonies;
(5) Class E felonies;
(6) Class F felonies;
(7) Class G felonies.
(b) Any crime or offense which is designated as a felony but which is not specifically given a class shall be a class G felony and shall carry the sentence provided for said class felony.
(c) (1) The following felonies shall be designated as violent felonies:
| Title 11, Section | Crime |
| 513 | Conspiracy First Degree |
| 602 | Aggravated Menacing |
| 604 | Reckless Endangering First Degree |
| 605 | Abuse of a Pregnant Female in the Second Degree |
| 606 | Abuse of a Pregnant Female in the First Degree |
| 607 | Strangulation |
| 612 | Assault in the Second Degree |
| 613 | Assault in the First Degree |
| 614 | Assault on a Sports Official |
| [Former] 615 | Assault by Abuse |
| 617 | Criminal Youth Gangs |
| 629 | Vehicular Assault in the First Degree |
| 630 | Vehicular Homicide in the Second Degree |
| 630A | Vehicular Homicide in the First Degree |
| 631 | Criminally Negligent Homicide |
| 632 | Manslaughter |
| 633 | Murder by Abuse or Neglect in the Second Degree |
| 634 | Murder by Abuse or Neglect in the First Degree |
| 635 | Murder in the Second Degree |
| 636 | Murder in the First Degree |
| 645 | Promoting Suicide |
| 768 | Unlawful Sexual Contact in the Second Degree |
| 769 | Unlawful Sexual Contact in the First Degree |
| Former 770 | Unlawful Sexual Penetration in the Third Degree or Rape in the Fourth Degree |
| Former 771 | Unlawful Sexual Penetration in the Second Degree or Rape in the Third Degree |
| Former 772 | Unlawful Sexual Penetration in the First Degree or Rape in the Second Degree |
| Former 773 | Unlawful Sexual Intercourse in the Third Degree or Rape in the First Degree |
| 774 | Sexual Extortion |
| 775 | Bestiality |
| 776 | Continuous Sexual Abuse of Child |
| 777 | Dangerous Crime Against a Child |
| 777A | Sex Offender Unlawful Sexual Conduct Against a Child |
| 778 | Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree |
| 778A | Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the Second Degree |
| 782 | Unlawful Imprisonment in the First Degree |
| 783 | Kidnapping in the Second Degree |
| 783A | Kidnapping in the First Degree |
| 787 | Trafficking of an Individual, Forced Labor and Sexual Servitude |
| 802 | Arson in the Second Degree |
| 803 | Arson in the First Degree |
| 825 | Burglary in the Second Degree |
| 826 | Burglary in the First Degree |
| [Former] 826A | Home Invasion |
| 831 | Robbery in the Second Degree |
| 832 | Robbery in the First Degree |
| [Former] 835 | Carjacking in the Second Degree |
| [Former] 836 | Carjacking in the First Degree |
| 846 | Extortion |
| 1103B | Child Abuse in the Second Degree |
| 1103C | Child Abuse in the First Degree |
| 1108 | Sexual Exploitation of a Child |
| 1109 | Unlawfully Dealing in Child Pornography |
| 1112A | Sexual Solicitation of a Child |
| 1112B | Promoting Sexual Solicitation of a Child |
| 1250 | Assault in the First Degree Against a Law-Enforcement Animal |
| 1253 | Escape After Conviction, if convicted as a Class C Felony or a Class B Felony |
| 1254 | Assault in a Detention Facility |
| 1256 | Promoting Prison Contraband (Deadly Weapon) |
| 1257(a) | Resisting Arrest with Force or Violence |
| 1302 | Riot |
| 1304 | Hate Crimes |
| 1312 | Stalking |
| 1338 | Bombs, Incendiary Devices, Molotov Cocktails and Explosive Devices |
| 1339 | Adulteration (Causing Injury or Death) |
| 1353 | Promoting Prostitution in the First Degree |
| 1442 | Carrying a Concealed Deadly Weapon (Firearm Offense) |
| 1444 | Possessing a Destructive Weapon |
| 1445 | Unlawfully Dealing With a Dangerous Weapon |
| 1447 | Possessing a Deadly Weapon During the Commission of a Felony |
| 1447A | Possessing a Firearm during the Commission of a Felony |
| 1448(e) | Possession of a Deadly Weapon by Persons Prohibited (Firearm or Destructive Weapon Purchased, Owned, Possessed or Controlled by a Violent Felon). |
| 1449 | Wearing Body Armor During the Commission of a Felony |
| 1455 | Engaging in a Firearms Transaction on Behalf of Another (Subsequent Offense) |
| 1503 | Racketeering |
| 3533 | Aggravated Act of Intimidation |
| Title 16, Section | Crime |
| 1136 | Abuse/Mistreatment/Neglect of a Patient |
| [Former] 4751 | Manufacture/Delivery/Possession With Intent to Deliver a Controlled or Counterfeit Controlled Substance, Manufacture or Delivery Causing Death |
| [Former] 4752 | Manufacture/Delivery/Possession With Intent to Deliver a Controlled or Counterfeit Controlled Substance |
| [Former] 4752A | Unlawful Delivery of a Noncontrolled Substance |
| [Former] 4753A | Trafficking in Marijuana, Cocaine, Illegal Drugs, Methamphetamine, LSD, Designer Drugs or MDMA |
| [Former] 4752 | Drug Dealing — Aggravated Possession; Class B Felony |
| [Former] 4753 | Drug Dealing — Aggravated Possession; Class C Felony |
| [Former] 4754(1) | Drug Dealing — Aggravated Possession; Class D Felony |
| [Former] 4761 | Former Distribution to Minors |
| 4761(c) and (d) | Illegal Delivery of Prescription Drugs |
| 4774 | Delivery of Drug Paraphernalia to a Minor |
| Title 31, Section | Crime |
| 3913 | Abuse/Neglect/Exploit/Mistreat an Adult who is Impaired |
(2) Any attempt to commit any felony designated in paragraph (c)(1) of this section as a violent felony shall also be designated as a violent felony.
67 Del. Laws, c. 130, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 477, § 1; 71 Del. Laws, c. 285, § 14; 71 Del. Laws, c. 467, § 10; 72 Del. Laws, c. 34, § 5; 72 Del. Laws, c. 43, § 6; 72 Del. Laws, c. 197, § 7; 72 Del. Laws, c. 480, § 17; 74 Del. Laws, c. 106, § 8; 75 Del. Laws, c. 421, § 2; 76 Del. Laws, c. 66, § 3; 76 Del. Laws, c. 343, § 5; 77 Del. Laws, c. 313, § 2; 77 Del. Laws, c. 318, § 13; 78 Del. Laws, c. 13, §§ 8-10; 78 Del. Laws, c. 224, § 19; 78 Del. Laws, c. 252, § 9; 78 Del. Laws, c. 406, § 3; 79 Del. Laws, c. 276, § 3; 80 Del. Laws, c. 28, § 1; 80 Del. Laws, c. 173, § 1; 82 Del. Laws, c. 215, § 1; 82 Del. Laws, c. 216, § 1; 82 Del. Laws, c. 217, §§ 6-8; 84 Del. Laws, c. 126, § 10; 84 Del. Laws, c. 223, § 1;Notes of Decisions
Cited in 75
cases (35 in the last 5 years), 2010–2026 · leading case: Forehand v. State
Forehand v. State (2010)
“Section 4201(a) further limits judges' discretion by creating an additional minimum penalty for violent habitual criminals as 11 Del. C. § 4201(c) defines them. [10] For these qualifiers, the statute mandates that there be a minimum sentence equal to or exceeding the maximum…”
Rembert v. State (2025)
“”7 We also “review statutory construction issues de novo to determine if the Superior Court erred as a matter of law in formulating or applying legal precepts.”
State v. Goodman (2021)
“3 2007 federal weapons charge does not qualify as a second “violent felony” under 11 Del. C. § 4201(c).? In support of his motion, Defendant argues that the federal weapons charge is not the “same as or equivalent to” the Delaware crime for Possession of a Firearm by a Person…”
Wright v. State (2022)
“He argued that his 2006 conviction for CCDW (a knife) could not be a predicate violent felony for habitual offender sentencing because CCDW (a knife) was not a violent felony under 11 Del. C. § 4201(c) at the time he committed that crime.”
Mullens v. Kilborne (2018)
“§ 1442 are designated as violent felonies by 11 Del. C. § 4201. Father’s criminal history reflects that he was convicted of a class G felony and not the more serious class D felony under Section 1442.”
Clark v. State (2023)
“”8 So if the PFBPP convictions for which Clark was being sentenced as a habitual offender were violent felonies under Section 11 Del. C. § 4201(c), he was subject to a minimum-mandatory sentence of eight years, and up to life in prison, for each PFBPP offense.”
Brown v. State (2023)
“More specifically, the Court asked the State to address whether the offense of carrying concealed brass knuckles was a “violent felony” under the applicable version of 11 Del. C. § 4201(c) and, if it was not, whether Brown’s CCDW sentence is illegal.”
Gatewood v. State (2016)
“” 2 sentence because Gatewood previously had been convicted of a prior violent felony under 11 Del. C. § 4201(c). 2 Gatewood is not entitled to double credit for the time he spent in custody serving his VOP sentence in Cr.”
Gatewood v. State (2016)
“At the time of his respective prior convictions, these offenses were designated violent felonies under 11 Del. C. § 4201(c). 3 Id. at *1 (citing 11 Del.”
Marsh v. State (2019)
“§ 4214(a), (d) (establishing the requirements for sentencing as an habitual offender, including the effect of prior convictions for violent felonies as defined in 11 Del. C. § 4201(c)); 11 Del. C. § 831 (providing that Robbery Second Degree is a class E felony); 11 Del.”
State v. Adkins (2022)
“”20 Under § 1448(e)(3), a “violent felony” is a felony defined as violent by 11 Del. C. § 4201(c).21 16 Def.’s Rule 35(a) Mot.”
State v. Teel (2022)
“Teel has appended a “summary of drug offenses” that appears 2 11 Del. C. §4201(c). 3 It has since been learned that the immediate sentencing form calls this offense “possession within a school zone” but that is not what the conviction was for.”
— 11 Del. C. § 4201(0) — 2 cases
State v. Stanford (2017)
State v. Hester (2018)
— 11 Del. C. § 4201(1) — 1 case
State v. Jones (2020)
— 11 Del. C. § 4201(b) — 1 case
State v. Cosme (2026)
— 11 Del. C. § 4201(b)(4) — 1 case
Soto v. State (2019)
— 11 Del. C. § 4201(c) — 60 cases
Forehand v. State (2010)
“Section 4201(a) further limits judges' discretion by creating an additional minimum penalty for violent habitual criminals as 11 Del. C. § 4201(c) defines them. [10] For these qualifiers, the statute mandates that there be a minimum sentence equal to or exceeding the maximum…”
Rembert v. State (2025)
“”7 We also “review statutory construction issues de novo to determine if the Superior Court erred as a matter of law in formulating or applying legal precepts.”
State v. Goodman (2021)
“3 2007 federal weapons charge does not qualify as a second “violent felony” under 11 Del. C. § 4201(c).? In support of his motion, Defendant argues that the federal weapons charge is not the “same as or equivalent to” the Delaware crime for Possession of a Firearm by a Person…”
Wright v. State (2022)
“He argued that his 2006 conviction for CCDW (a knife) could not be a predicate violent felony for habitual offender sentencing because CCDW (a knife) was not a violent felony under 11 Del. C. § 4201(c) at the time he committed that crime.”
Clark v. State (2023)
“”8 So if the PFBPP convictions for which Clark was being sentenced as a habitual offender were violent felonies under Section 11 Del. C. § 4201(c), he was subject to a minimum-mandatory sentence of eight years, and up to life in prison, for each PFBPP offense.”
— 11 Del. C. § 4201(c)(1) — 3 cases
State v. Anderson (2024)
State v. Rogers (2023)
State v. Lewis (2025)
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