Man Facing Felony Charges for Assault Occurring During Poker Game
A Delaware man is facing felony charges after a fight broke out at Delaware Park Casino in Wilmington. According to police, the fight began after the man lost a poker game to another player. Delaware State Police said that around 2:30 a.m., they responded to a call at the Delaware Park Casino after receiving a report of a fight. Once they arrived, police said troopers found the victim, an adult male, and the suspect, a 28-year-old man from Newark, Delaware. They were no longer fighting.
Police conducted an investigation and determined that the 28-year-old suspect got into an argument with the victim after he lost a poker game. The argument escalated into a physical fight and the 28-year-old began punching the victim in the face.
Police said that during the fight, the 28-year-old and the victim knocked over a poker table and were eventually separated. The victim was transported to a nearby hospital with injuries that were considered “serious”, according to police.
Police said the suspect was booked into the Howard R. Young Correctional Institution on charges of Assault Second-Degree (a felony) and Criminal Mischief. His bond has been set at $10,500.
Assault Second-Degree
Assault of the Second Degree is considered a class D felony under Delaware law. Assault 2nd Degree occurs when a suspect causes injuries to another person without the use of a deadly weapon. A prime example of Assault 2nd Degree is beating up a victim badly with your hands and causing significant disfigurement to their face. You can also be charged with Assault 2nd Degree when you cause physical injury to a police officer even if that injury is minor.
Sentencing guidelines for Assault 2nd Degree call for a presumptive sentence of 2 years in prison. The maximum sentence for Assault 2nd Degree is 8 years in jail. Often, it depends on how badly injured the victim was. Those who face charges of Assault 2nd Degree are likely to face prison time.
Other forms of Assault under Delaware law
Assault can be charged in the 1st, 2nd, or 3rd degree. 1st Degree Assault requires that the prosecution establish that you used a deadly weapon, such as a knife, to stab the victim. 1st Degree Assault is considered a Class B felony. The presumptive sentencing range for this crime is 2 to 5 years in prison. The court must assign a mandatory minimum sentence of 2 years. You can face a maximum penalty of 25 years for 1st Degree Assault.
3rd Degree Assault is considered a class A misdemeanor. It involves punching or kicking someone and causing physical injury. Whether or not the charges escalate to 2nd Degree Assault depends on the severity of the victim’s injury. 3rd Degree Assault has a maximum sentence of up to 1 year in jail.
Talk to a Wilmington, DE Criminal Defense Lawyer Today
Michael W. Modica represents the interests of those who have been charged with serious crimes in Delaware. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
Source:
nbcphiladelphia.com/news/local/delaware-park-casino-poker-game-fight-man-felony-assault/3839412/
