Lansdowne, PA asked in Criminal Law for Delaware

Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.

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1 Lawyer Answer
David Holloway
David Holloway
  • Criminal Law Lawyer
  • Wilmington, DE
  • Licensed in Delaware

A: It's going to depend on whether he has other felonies on his record (no matter what state they're from), and what kinds of felonies they are. He is most likely looking at any/all of the following charges: firearm by person prohibited (x2), carrying a concealed deadly weapon ("CCDW") (x2), and potentially possession of firearm during the commission of a felony (depending on what he was doing when he got arrested with the 2 guns).

The Firearm by Person Prohibited charges are going to carry at least 3 years mandatory jail time each, but may carry up to 10 years each, depending on what his previous felony/felonies are. So that's at least 6 years mandatory time on those charges. The CCDW charges will carry 0-8 years each, but the presumptive sentence for CCDW's includes jail time, even though there's no mandatory time. If he's charged with Possession of a Firearm During Commission of a Felony, then he'll face an additional 3 years mandatory on each gun.

You'll need to wait and see what charges he's indicted on, but he is most likely looking at a minimum of 6 years in prison, unless the State drops some of the charges.

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