{"id":372389,"date":"2016-03-31T21:34:49","date_gmt":"2016-04-01T02:34:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-criminal-statute-of-limitations-laws.html"},"modified":"2025-06-19T15:03:28","modified_gmt":"2025-06-19T20:03:28","slug":"delaware-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-criminal-statute-of-limitations-laws.html","title":{"rendered":"Delaware Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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Delaware Criminal Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State laws place limits, called criminal statute of limitations, on how much time prosecutors have to file criminal charges. These limits<\/a> are intended to start criminal trials<\/a> as soon as possible and to preserve evidence such as eyewitness accounts and fingerprints.<\/p>\r\n

Most states have different limits for different kinds of crimes. Delaware is no different. In the state of Delaware, there is a three-year time limit for the filing of Class A misdemeanor charges, for instance, but a two-year limit for all other misdemeanors. Most felony charges have a five-year limit, which increases to 10 years when there is DNA evidence<\/a>.<\/p>\r\n

Criminal Statutes of Limitations in Delaware: Summary<\/b><\/h2>\r\n

Understanding Delaware’s criminal statutes of limitations laws and the time period within which you must take legal action is crucial for navigating the complexities of the Delaware criminal code. For more detailed legal information, refer to the Delaware statutes<\/a> that outline these limitations and related procedures.<\/p>\r\n\r\n

Definition of Criminal Statutes of Limitations in Delaware<\/b><\/p>\r\n<\/th>\r\n

A statute of limitations is the time frame within which the prosecution must bring a charge for a crime.<\/p>\r\n<\/td>\r\n<\/tr>

Delaware Criminal Statutes of Limitations Code Section<\/b><\/p>\r\n<\/th>\r\n

Delaware Code title 11, section 205<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Delaware Criminal Statutes of Limitations for Felonies<\/b><\/p>\r\n<\/th>\r\n

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  • Murder, attempted murder, Class A felonies, and attempts to commit Class A felonies have no statute of limitations, as do most sexual offenses or attempts to commit them<\/li>\r\n
  • Other felonies must be prosecuted within five years<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Delaware Criminal Statutes of Limitations for Misdemeanors<\/b><\/p>\r\n<\/th>\r\n

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  • Cases involving Class A misdemeanors must be initiated within three years<\/li>\r\n
  • Cases involving other misdemeanors, including Class B misdemeanors and unclassified misdemeanors, must begin within two years<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Crimes in Which a Child is a Victim<\/b><\/p>\r\n<\/th>\r\n

Acts During Which a Statute Does Not Run Under Delaware Law<\/b><\/p>\r\n<\/th>\r\n

The statute of limitations pauses if:<\/p>\r\n

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  • You are fleeing or hiding from law enforcement<\/li>\r\n
  • You are a fugitive from justice due to failure to appear for a scheduled court hearing<\/li>\r\n
  • A case for the same crime has already begun in Delaware<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Other Criminal Statute of Limitations Considerations Under Delaware Law<\/b><\/p>\r\n<\/th>\r\n