Delaware Code
11 Del. C. § 4202 (2026)
Classification of misdemeanors
✓ current as of May 2026
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(a) Misdemeanors are classified for the purpose of sentence into 2 categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors.
(b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a class B misdemeanor or a violation shall be an unclassified misdemeanor or an environmental misdemeanor or environmental violation.
67 Del. Laws, c. 130, § 6; 70 Del. Laws, c. 436, § 10; 79 Del. Laws, c. 421, § 13;Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2005–2024 · leading case: Jackson v. Carroll, 161 F. App'x 190 (3d Cir. 2005).
Jackson v. Carroll, 161 F. App'x 190 (3d Cir. 2005). “After denying relief, the District Court explained its grant of a Certificate of Appealability (“COA”) as follows: “A certificate of appealability pursuant to 28 U.”
State v. Miles (Del. Super. Ct. 2020). “(2) On March 15, 2019, he was sentenced to serve: for Criminal Contempt — six months at Level V (to be served under the terms of 11 Del. C. § 4202(k)); for Reckless Endangering — five years at Level V suspended after six months (also to be served under the terms of 11 Del.”
State of Delaware v. Lopez-Moncada. (Del. Super. Ct. 2015). “This sentence was imposed pursuant to 11 Del. C. § 4202(k), meaning that Defendant is not entitled to any form of early release.”
State of Delaware v. Marquis Boyer-Smith (Del. Super. Ct. 2016). “The sentence provided, among other things, that Boyer-Smith will serve three years of unsuspended Level V time, followed by a probationary period imposed pursuant to 11 Del. C. § 4202(l). 3. The Deputy Attorney General assigned to the case also stated in open Court before the…”
State v. Carroll (Del. Super. Ct. 2024). “Carroll was sentenced to fifteen years at Level V suspended after two years and one month (served under the provisions of 11 Del. C. § 4202(k)) to be followed by six months at Level IV (DOC Discretion) and an extended Level III term.”
11 Del. C. § 4202(k): 3 cases
State v. Miles (Del. Super. Ct. 2020). “(2) On March 15, 2019, he was sentenced to serve: for Criminal Contempt — six months at Level V (to be served under the terms of 11 Del. C. § 4202(k)); for Reckless Endangering — five years at Level V suspended after six months (also to be served under the terms of 11 Del.”
State v. Carroll (Del. Super. Ct. 2024). “Carroll was sentenced to fifteen years at Level V suspended after two years and one month (served under the provisions of 11 Del. C. § 4202(k)) to be followed by six months at Level IV (DOC Discretion) and an extended Level III term.”
State of Delaware v. Lopez-Moncada. (Del. Super. Ct. 2015). “This sentence was imposed pursuant to 11 Del. C. § 4202(k), meaning that Defendant is not entitled to any form of early release.”
11 Del. C. § 4202(l): 2 cases
State of Delaware v. Marquis Boyer-Smith (Del. Super. Ct. 2016). “The sentence provided, among other things, that Boyer-Smith will serve three years of unsuspended Level V time, followed by a probationary period imposed pursuant to 11 Del. C. § 4202(l). 3. The Deputy Attorney General assigned to the case also stated in open Court before the…”
State of Delaware v. Lopez-Moncada. (Del. Super. Ct. 2015). “This sentence was imposed pursuant to 11 Del. C. § 4202(k), meaning that Defendant is not entitled to any form of early release.”
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