Delaware Second-Degree Murder

Delaware law identifies six types of criminal homicide, including murder, manslaughter, negligent homicide, and vehicular homicide. The second most serious type of homicide is second-degree murder. It’s different from murder in the first degree in that there is no premeditation or intent to kill. Instead, it requires a reckless indifference to human life.

This article briefly outlines Delaware's second-degree murder laws, including information on the related crime of murder by abuse or neglect. These crimes are similar and carry similar penalties.

How Does Delaware Law Define Second-Degree Murder?

Delaware’s criminal code (Del. Code Section 635) defines second-degree murder as:

• Recklessly causing the death of another person
• While showing a "cruel, wicked and depraved indifference to human life"

Compare this to murder in the first degree, which covers intentionally causing the death of another person. First-degree murder also includes some instances of reckless conduct, such as recklessly causing the death of a law enforcement officer.

Murder in the second degree is a Class A felony, carrying a possible punishment of 15 years to life imprisonment at Level V incarceration.

The state's second-degree murder statute also covers felony murder.

Felony Murder in Delaware

Many states include felony murder in their first-degree murder statutes. Essentially, a person can be charged with murder if someone dies in connection with another crime they commit. For example, if the defendant robbed a bank and their co-conspirator shot a bank teller.

Under Delaware’s felony murder rule, a person is guilty of second-degree murder if they:

• Caused the death of another person
• Through criminal negligence
• During the attempt or commission of a felony

In this context, “criminal negligence” means failing to recognize a risk of death or serious injury that a reasonable person would. In contrast, a death connected to a felony can be charged as first-degree murder if the defendant recklessly causes the death.

To secure a felony conviction for second-degree murder, the prosecutor doesn’t have to prove the defendant intended to kill the victim. They must only demonstrate that the offender engaged in conduct they knew (or should have known) could cause death. It doesn’t matter if the person who died was an innocent victim or a co-conspirator.

Many jurisdictions limit felony murder to crimes like carjacking, kidnapping, and robbery. But Delaware applies the felony murder rule to any felony.

Murder by Abuse or Neglect

Another similar form of homicide under Delaware law is murder by abuse or neglect. This applies to child abuse cases that result in death.

A person commits murder by abuse or neglect in the first degree when they recklessly cause the death of a child:

• Through an act of abuse or neglect, or
• After engaging in a pattern of child abuse or neglect

For purposes of this crime, a child is anyone under the age of 14.

According to the Delaware Code, child abuse means causing physical injury to a child through:

• Unjustified force
• Torture
• Negligent treatment
• Sexual abuse
• Sexual extortion
• Sexual exploitation
• Maltreatment/mistreatment
• Any means other than vehicular assault

The Delaware judicial code defines neglect as when a person responsible for the care, custody, and control of a child does any of the following:

• Fails to provide the child with basic necessities such as food, clothing, shelter, education, health, or medical care
• Abuses alcohol or any controlled substance, threatening the child's well-being
• Fails to provide necessary supervision appropriate for the child's basic needs and safety

First-degree murder by abuse or neglect is a Class A felony, punishable by 15 years to life at Level V incarceration.

Murder by abuse or neglect in the second degree involves criminal negligence and is a Class B felony. Under Delaware Crimes and Criminal Procedure Title 11, §4205, this crime carries a mandatory minimum sentence of two years up to 25 years in prison at Level V incarceration.

An Experienced Delaware Criminal Defense Attorney Can Help

If you’re facing charges for second-degree murder in Delaware, then you know you’re facing severe penalties. A felony conviction for murder in any degree will carry a lengthy prison sentence. The best way of achieving an acquittal or favorable plea bargain is to retain a skilled Delaware criminal defense lawyer.