Is it mandatory jail time if convicted on a conceled deadly weapons charge in the state of delaware

The laws pertaining to unlawful concealment of a deadly weapon differ from state to state. In Delaware, which you are inquiring about, carrying a concealed firearm without a license is a class D felony, punishable by up to 8 years in prison. It is considered a crime of violence, and under Delaware's sentencing guidelines, the presumptive sentencing range is 2 years. Accepting responsibility can reduce the presumptive range to 18 months. It is not subject to a mandatory prison term unless you have a prior record of conviction for specific offenses. Delaware also prohibits certain persons from possessing a deadly weapon , including those convicted of prior felonies or drug offenses; persons under age 25 with a juvenile adjudication for a crime that would be a felony if committed by an adult; persons convicted of a misdemeanor involving injury to another or domestic violence within the past 5 years; those subject to a protection from abuse order; and those previously committed for mental disorders. It is a defense to the charge if the person had an expired license to carry a concealed firearm, applied for renewal before it expired,, and the offense occurred while the renewal application was pending before a court. While a first offense for carrying a concealed deadly weapon does not carry a mandatory prison term, since it is a crime of violence, it is as a serious offense. Sentencing guidelines are extremely technical and I recommend you consult with an experienced criminal defense lawyer in Delaware who can advise you as to possible defenses to the charge (such as an invalid traffic stop) , the possibility of pleading guilty to a lesser offense, and the precise sentencing guidelines you are facing if you choose to take the case to trial and lose. Many criminal defense lawyers do not charge for an initial consultation, and I think you would benefit greatly from the advice he or she could provide that would be specific to your situation. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998.