Misdemeanors are classified for the purpose of sentence into
categories:
There shall be a class of offenses, both civil and criminal,
denoted as a violation. No offense is a violation unless expressly
declared to be a violation in the Code of the Town of Dewey Beach
or in a statute adopted by reference, defining the offense as a violation.
No violation designated a civil offense may be prosecuted as a criminal
violation or misdemeanor, nor shall any criminal offense be charged
as a civil violation; however, a minor criminal offense may be amended,
with the approval of the Alderman or Assistant Alderman upon accepting
a plea of guilty or nolo contendere, to a lesser offense that may
be a civil violation.
When the conduct of a defendant/offender establishes the commission
of more than one offense or violation, at the same time, the defendant
may be prosecuted for each offense accordingly. The defendant's liability
for more than one offense or violation may be considered by the court
in the charges against the defendant/offender, provided each offense
is established in satisfaction beyond a reasonable doubt or preponderance
of the facts, that each constituted a separate misdemeanor, violation
or civil offense supported by elements of each crime or infraction.