In Delaware, there are various levels of violent crimes. Some are more serious than others from a legal standpoint. Offensive touching is one of these offenses and should not be taken lightly. If you, or your child, have been charged with offensive touching it is important that you speak with a Dover Delaware Offensive Touching Defense Attorney.
According to Delaware law, someone is guilty of offensive touching when they:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction’s medical care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim’s duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
In the state of Delaware, offensive touching is considered an unclassified misdemeanor or a class A misdemeanor. The stigma alone of an offensive touching conviction can plague you for years to come. If you have been charged with, or accused of, offensive touching please do not hesitate to call as skilled Dover Delaware Criminal Defense Lawyer.
Let A Kent County Misdemeanor Attorney Help You
Call Delaware Criminal Defense Attorney John R. Garey regarding protecting your rights. With his extensive experience on both sides of criminal law in Delaware, Mr. Garey will do everything necessary to thoroughly defend you while attempting to obtain you a very favorable outcome. Call Mr. Garey’s Dover, Delaware law office at 302-244-5312. You can alsoemail Dewey Beach Delaware Criminal Lawyer John R. Garey here.