Miscellaneous offenses such as resisting arrest, disorderly conduct, and public intoxication are serious charges that should not be taken lightly. Penalties can include fines and even incarceration. If you have been accused of resisting arrest, disorderly conduct, or public intoxication at the Delaware beaches and surrounding areas, the experienced attorneys at the Law Offices of Mooney and Andrew, P.A. can assess your case and help you understand your legal options. Contact us today for a free consultation.

Resisting Arrest: A person is guilty of Resisting Arrest when he intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of himself or another person, or intentionally flees from a peace officer who is effecting an arrest, whether or not the arrest is lawful.

  • Resisting Arrest is categorized as a Class A Misdemeanor which is punishable up to 1 year at level V incarceration.

Disorderly Conduct: A person is guilty of Disorderly Conduct when he intentionally causes public inconvenience, annoyance, or alarm to any person or creates risk thereof by any of the following:

  • Engaging in fighting, violent or threatening behavior
  • Making an unreasonable noise or offensively coarse utterance to any person present
  • Disturbing a lawful assembly without lawful authority
  • Obstructing vehicular or pedestrian traffic
  • Congregating in a public place and refusing to disperse when lawfully ordered
  • Creating a hazardous or physically offensive condition which serves no legitimate purpose
  • Congregates in a public place with others while wearing masks, hoods, etc. which is likely to cause substantial harm, inconvenience, annoyance or alarm and knowingly fails to obey a lawful order to disperse
    -Disorderly Conduct a defined above is considered to be an Unclassified Misdemeanor which is punishable up to 30 days at level V incarceration.

Public Intoxication:  This offense is violation that is subject to a fine only. Though, if this is the second offense within 1 year the crime becomes categorized as an Unclassified Misdemeanor which is punishable up to 30 days at level V incarceration.
Harassment: A defendant is guilty of Harassment when he with the intent to harass, annoys, or alarms another person:

  • That person insults, taunts or challenges another person or engages in any other course alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm or distress.
  • That person communicates with a person by telephone, telegraph, mail or any other form of written or electronic communicates a manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone class initiated by vendors for the purpose of selling goods or services.
  • That person knowingly permits any telephone under that person’s control to be used for a purpose prohibited by this section. 
  • In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call engage with that person or another person is sexual relations of any sort, knowing that the person is thereby likely to cause annoyance or alarm to the recipient of the call.
  • That person makes repeated or anonymous telephone calls to another person whether or not a conversation ensues, knowing that person is thereby likely to cause annoyance or alarm.

It should be noted that Harassment particularly covers written or electronic communications likely to cause annoyance or alarm as well.

  • Harassment is a Class B Misdemeanor which is punishable up to 6 months at level V.

 

Inchoate Crimes

The severity of an inchoate crime varies depending upon whether the intended crime is a misdemeanor or felony. If you have been accused of criminal solicitation or conspiracy in Delaware and are unsure about your legal options, contact the experienced legal team at the Law Office of Mooney and Andrew, P.A. We will assess your case and determine the best course of action to reach the most favorable resolution possible.

Criminal Solicitation: A person is guilty of Criminal Solicitation when he/she intends another person to engage in conduct constituting a crime.

  • If the underlying crime committed is a misdemeanor, it is Criminal Solicitation Third Degree, (a Class A misdemeanor) which is punishable up to 1 year at Level V.
  • If the underlying crime is a felony, it is Criminal Solicitation Second Degree, (a Class F felony) it is punishable up to 3 years at level V.
  • If the underlying crime is a Class A felony, it is Criminal Solicitation First Degree, (a Class E felony) is it punishable up to 5 years at level 5. 

Conspiracy: A person is guilty of Conspiracy when they are intending to promote or facilitate the commission of a crime. A person may agree with another that they or one or more of them would engage in conduct constituting the felony or an attempt to solicitation to commit the felony. A person may agree to aid another person in the planning of the felony and he/she or the person of who they conspired with commits and act in pursuance of the conspiracy.

  • If the crime that is the object of the conspiracy is a misdemeanor, it is Conspiracy Third Degree (a Class A misdemeanor) which in punishable up to 1 year at level V.
  • If the crime that is the object of the conspiracy is a felony, it is Conspiracy Second Degree (a Class G felony) it is punishable up to 2 years at level V.
  • If the crime that is the object of the conspiracy is a Class A felony, it is Conspiracy First Degree( a Class E felony) it is punishable up to 5 years at level V.