Delaware Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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FAQ
Section 1441 - License to carry concealed deadly weapons, Del.
Assault in the first degree (the most serious) and assault in the second degree are felonies, while assault in the third degree is a misdemeanor. "Offensive touching" is yet another misdemeanor assault crime. To learn about assault in the first degree, see Felony Assault in the First Degree in Delaware.
§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor. (2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
Offensive Touching means touching another person without permission from the person who is being touched, and the touching is offensive or unwanted.
Delaware - First-degree murder (11 Del. C. § 636) with at least 1 statutory aggravating circumstance (11 Del. C.
Aggravating factors are typically laid out by statute and vary depending on the jurisdiction and specific underlying offense. Typical examples of aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, and many others.
U.S., 517 U.S. 748 (1996), the Supreme Court held that the Eighth Amendment requires additional aggravating factors demonstrating greater culpability to support the imposition of capital punishment.
Section 1448 - [See Note] Possession and purchase of deadly weapons by persons prohibited; penalties (a) Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State: (1) Any person who has been ...