The state of Delaware has very strict laws regarding the use, possession, sale and manufacturing of drugs and narcotics. A drug conviction in Delaware will impact almost every area of your life in the immediate future and for years to come. There are certain factors and circumstances that will compound any penalties you may face for even a simple drug crime in Delaware. If you are facing drug possession, sale or cultivation charges in Delaware you need to speak with a Delaware Drug Crime Defense Lawyer today.
Call me, Delaware Narcotics Crime Defense Attorney Brian J. Chapman. My Wilmington, Delaware criminal law office can be dialed at 302-656-2528. You can also click here to email Wilmington Delaware Drug Crime Defense Lawyer Brian J. Chapman. I possess a wealth of experience and will do my best to get your charges dropped or dismissed, If that is not possible I will attempt to have them lessened so that the negative consequences you face are minimized.
Delaware Aggravating Factor Laws
§ 4751A. Aggravating factors related to drug offenses.
(1) Each of the following shall be an “aggravating factor” within the meaning of the offenses in this subchapter:
a. The offense was committed within a protected school zone, as defined in § 4701 of this title;
b. The offense was committed within a protected park or recreation area, or church, synagogue or other place of worship, as defined in § 4701 of this title;
c. The offense occurred in a vehicle, as defined in § 4701 of this title;
d. The defendant was an adult, that is, a person who had reached his or her eighteenth birthday, and the offense involved a juvenile, that is, a person who had not reached his or her eighteenth birthday, as a co-conspirator or accomplice, or as the intended or actual recipient of the controlled substances, and the defendant was more than 4 years older than the juvenile; and
e. The defendant, during or immediately following the commission of any offense in this title:
1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222(15) of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer; or
2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222(15) of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons.
(2) When the aggravating factors “protected school zone” and “protected park, recreation area, church, synagogue or other place of worship” of paragraphs (1)a. and (1)b. of this section are both present, both may be alleged and proven, but they shall only count as 1 aggravating factor in determining which offense the defendant committed.
(3) In any offense in which 1 or more aggravating factors set forth in this section are present, the factor or factors shall be alleged in the charging information or indictment, and constitute an element of the offense. When there are more aggravating factors present than are required to prove the offense, all may be alleged and proven.
Let A Delaware Drug Possession Defense Lawyer Help You
You stand to lose a lot if you are convicted of a Delaware drug crime. You may face jail time, a prison sentence, community service, probation, loss of driving privileges and heavy fines. Do not go through this alone as a situation as severe as this mandates the help of a skilled Delaware Drug Crime Lawyer.
Call me, Delaware Drug Offense Attorney Brian J. Chapman. My Wilmington, Delaware criminal law office can be dialed at 302-656-2528. You can also click here to email Kent County Delaware Drug Crime Defense Lawyer Brian J. Chapman.
I proudly serve those arrested for DUI, drug crimes, sex offenses and drug crimes throughout all of new Castle County, Kent County and Sussex County, Delaware.