University of Delaware Student Charged with Possession of a Firearm During the Commission of a Felony

Delaware police have charged a University of Delaware student with numerous offenses after he was caught illegally carrying a concealed weapon while riding his motorcycle near campus. The arrest occurred around 8 p.m. when an officer spotted the student operating his motorcycle in a designated bike lane on North College Avenue. When the officer attempted to stop the motorcyclist, he fled. After a brief chase, police stopped the motorcyclist and took him into custody.

The motorcyclist was a 23-year-old undergraduate student from the University of Delaware. Police say that the man had a concealed gun under his clothing. The undergrad did not have a concealed-carry permit.

In the effort to elude police, the 23-year-old will find himself charged with Possession of a Firearm During the Commission of a Felony—a charge he would not have faced had he simply pulled his vehicle over when flagged by police. He will also be charged with Carrying a Concealed Deadly Weapon, Disregarding a Police Officer’s Command to Stop, Resisting Arrest without Force, Aggressive Driving, Reckless Driving, Excessive Speed, Disregarding a Red Light, Failure to Signal Intentions, two counts of Operating a Vehicle on the Wrong Side of a Roadway, two counts of Driving on the Shoulder or Bicycle Lane, and five counts of Improper Passing on the Right.

He has since been released on $23,612 bond and “separated from campus,” according to the University of Delaware.

Possession of a Firearm During the Commission of a Felony 

Note that the motorcyclist would not be facing this charge had he not attempted to elude police and lead them on a chase. Failure to stop once signaled by a police officer is covered under the crime of Disregarding a Police Officer’s Command to Stop. 21 Del. C. 1953, § 4103 defines the crime of failing to stop when directed by a police officer as a class G felony under Delaware law. This is important because the charge of Possession of a Firearm During the Commission of a Felony has a mandatory minimum sentence of 5 years in prison.

Under § 1447A, Possession of a Firearm During the Commission of a Felony is considered a class B felony. According to the law, “a person convicted [for this crime] shall receive a minimum sentence of 5 years at Level V.” Those with two prior felonies on their record would receive a minimum sentence of 10 years in Delaware prison.

This is obviously a bad situation for the defendant to be in. Had he simply pulled over when signaled, he would not have been charged with a felony which is a triggering offense for a crime that requires a 5-year mandatory minimum sentence.

Talk to a Wilmington, DE Criminal Defense Attorney Today 

Michael W. Modica is a Wilmington, DE criminal defense lawyer representing the rights of those charged with criminal conduct. Call our office today to schedule an appointment, and we can begin preparing your defense right away.

Source:

newarkpostonline.com/news/university-of-delaware-student-arrested-on-gun-charges/article_f81e1de6-e30c-11ee-ac27-b32df7320ef4.html