Three Strikes and Habitual Offender Laws in Delaware

Delaware's habitual criminal law applies to a person convicted of a violent felony after two prior violent felony convictions, or of any felony after three prior felony convictions; on the State's petition the court may impose up to life. Mandatory minimums: after three prior felonies, a new first violent felony carries at least half the statutory maximum (30 years where the maximum is life); after two prior felonies including one violent felony, a new violent felony carries at least the statutory maximum; after two prior violent felonies, a third violent felony carries at least the statutory maximum. These minimums cannot be suspended, and certain habitual offenders may petition for sentence modification after serving the mandatory term.