Delaware First-Degree Murder

A homicide occurs anytime somebody takes the life of another person. The most severe type of homicide, according to the Delaware Code, is first-degree murder. This crime carries the most severe penalties as well, including a sentence of life in prison.

In general, first-degree murder is the intentional and premeditated killing of another person with malice aforethought. The state must show that the defendant planned the killing and intended to kill the victim.

In Delaware, the classification of offenses under the crime of homicide includes the following:

• First-degree murder
• Second-degree murder
• Murder by abuse or neglect
• Manslaughter
• Criminally negligent homicide
• Vehicular homicide

This article explains Delaware’s first-degree murder laws and the potential penalties for this crime, including the laws on felony murder. If you’re facing homicide charges, be they third-degree or first-degree, it’s best to consult a local criminal defense attorney.

Delaware’s First-Degree Murder Laws at a Glance

Delaware’s first-degree murder laws are relatively straightforward. It can be challenging to understand statutory language, so we’ve broken the laws down in the chart below.

The Felony-Murder Rule

There are various ways a person can be guilty of first-degree murder under Delaware’s criminal laws. Felony murder is a common charge considered as first-degree murder.

The felony murder rule applies to cases where someone dies during or shortly after the commission of a felony. The state doesn’t have to prove the defendant intended to kill the victim. The fact that someone died during the felony is enough to warrant a conviction.

Delaware No Longer Has the Death Penalty

The Delaware General Assembly abolished the death penalty in September 2024. Governor John Carney signed House Bill 70 on September 26, 2024, officially abolishing capital punishment in the State of Delaware.

Before this, a person guilty of first-degree murder with statutory aggravating circumstances faced a sentence of death. Today, the maximum penalty for offenders who commit a first-degree murder after the person’s eighteenth birthday is life in prison without the benefit of parole or probation.

Reducing a First-Degree Murder Charge to Manslaughter: Extreme Emotional Distress

In some cases, the court downgrades a killing that qualifies for first-degree murder to the lesser crime of manslaughter if the offender acted under "extreme emotional distress." In Delaware, the fact that the accused intentionally caused the death of another person while under the influence of extreme emotional distress is a mitigating circumstance sufficient to reduce the crime to manslaughter.

To benefit from this mitigating factor, the defendant must provide a reasonable explanation or excuse for the extreme emotional distress. A typical example of this is when a person finds their spouse in bed with another person and shoots them. This is referred to as a crime of passion.

Disclaimer: State laws change frequently. For case-specific information regarding Delaware’s first-degree murder law, contact a local criminal defense lawyer.

An Experienced Delaware Criminal Defense Attorney Can Help

If you’re facing criminal charges for first-degree murder, you should contact a skilled Delaware defense attorney as soon as possible after your arrest. While Delaware no longer has the death penalty, you’ll still face severe penalties if a jury finds you guilty of first-degree murder.

To convict you, the prosecutor must prove guilt beyond a reasonable doubt. Your attorney will work hard to prevent this from happening. They may gain an acquittal or a favorable plea bargain on your behalf.

Additional Resources

• First-Degree Murder Defenses
• Delaware Second-Degree Murder Law
• What Should I Look for When Trying To Choose a Lawyer?