Delaware Police Arrest Greenwood Man on Charges of Drug and Weapons Possession

Delaware State Police recently arrested a 52-year-old man from Greenwood, Delaware for drug and weapons charges following a domestic disturbance this past week. On March 7, 2024, at approximately 3:00 p.m troopers arrived at a residence and made contact with the 52-year-old suspect. The suspect had an active warrant out for his arrest in the Kent County Court of Common Pleas. The suspect was taken into custody without incident. A search of the suspect revealed that the man had on his person brass knuckles that were concealed in his waistband. Police also found approximately .37 grams of crystal meth, 13.14 grams of cocaine, and various drug paraphernalia. The suspect was an individual who was prohibited from carrying or possessing a deadly weapon.

The defendant has been charged with:

• Possession of a Deadly Weapon by a Person Prohibited (Felony)
• Possession of a Deadly Weapon During the Commission of a Felony (Felony)
• Carrying a Concealed Deadly Weapon (Felony)
• Possession of a Controlled Substance Tier 2 (Felony)
• 2 counts of Possession of a Controlled Substance
• Possession of Drug Paraphernalia

He is being held on $71,200 cash bond.

Possession of a Deadly Weapon by a Person Prohibited 

11 DE Code § 1448 (2023) outlines the offense of Possession of a Deadly Weapon by a Person Prohibited. In this case, the deadly weapon need not be a gun. It only needs to have the potential to cause death to a victim. In this case, the defendant is accused of carrying brass knuckles with him which do qualify as a deadly weapon under Delaware’s statutes. He is prohibited from carrying such a weapon due to the fact that he had been convicted of a previous crime of violence.

The law prohibits certain individuals from possessing deadly weapons. These include:

• Any individual who has been previously convicted in any jurisdiction of a felony or a crime of violence involving physical injury to another person regardless of whether they were armed or not at the time they committed the crime
• Any individual who has been involuntarily committed for a mental condition under Chapter 50 of Title 16, unless they can demonstrate that they are no longer prohibited from possessing a weapon. Further, if an individual has been adjudicated not guilty by reason of insanity or found incompetent to stand trial, they are prohibited from carrying a deadly weapon.
• Any individual who has been convicted for the unlawful use, possession, or sale of a narcotic, dangerous drug, or central nervous system depressant or stimulant.
• Any person under the age of 21.

In the case mentioned above, the defendant had a prior domestic violence conviction on his record which involved some form of violence that left a victim injured. For that reason, he was prohibited from carrying the deadly weapon in public and thus has to face a class F felony on the charge of Possession of a Deadly Weapon by a Person Prohibited.

Talk to a Wilmington, Delaware Criminal Defense Attorney Today 

Wilmington criminal defense lawyer Michael W. Modica represents the interests of those facing weapons charges in Delaware. If you are facing charges of unlawfully possessing a weapon, call our office today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

dsp.delaware.gov/2024/03/08/troopers-arrest-greenwood-man-for-felony-drugs-and-weapons-charges/