Delaware Criminal Statute of Limitations Laws

By Olivia Wathne, J.D. | Legally reviewed by FindLaw Staff | Last reviewed June 19, 2025

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

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.

Criminal Statutes of Limitations in Delaware: Summary

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 that outline these limitations and related procedures.

Definition of Criminal Statutes of Limitations in Delaware	A statute of limitations is the time frame within which the prosecution must bring a charge for a crime.
Delaware Criminal Statutes of Limitations Code Section	Delaware Code title 11, section 205
Delaware Criminal Statutes of Limitations for Felonies	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 Other felonies must be prosecuted within five years
Delaware Criminal Statutes of Limitations for Misdemeanors	Cases involving Class A misdemeanors must be initiated within three years Cases involving other misdemeanors, including Class B misdemeanors and unclassified misdemeanors, must begin within two years
Crimes in Which a Child is a Victim	Cases involving trafficking or attempted trafficking where the victim is a minor may be prosecuted at any time
Acts During Which a Statute Does Not Run Under Delaware Law	The statute of limitations pauses if: You are fleeing or hiding from law enforcement You are a fugitive from justice due to failure to appear for a scheduled court hearing A case for the same crime has already begun in Delaware
Other Criminal Statute of Limitations Considerations Under Delaware Law	If the statute of limitations has expired but there is DNA evidence related to the crime, prosecution may commence within 10 years of the evidence’s discovery For crimes involving forgery, fraud, breach of fiduciary duty, theft or misapplication of property, or misconduct in public office, prosecution may be initiated within two years of discovering the crime, but no later than three years from the crime’s occurrence Personal injury claims are distinct from criminal offenses and are governed by different statutes and procedural rules. For example, the use of a deadly weapon in a criminal offense may impact both the nature of the charge and the applicable criminal procedure, but does not directly affect the statute of limitations for civil personal injury claims

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Speak to an Attorney About Delaware Criminal Statute of Limitations Laws

Any criminal charge is a serious matter, and criminal statutes can vary depending on your jurisdiction. If you have been charged with a crime, you can contact a Delaware criminal defense attorney in your area to get legal advice on your case. You can also visit FindLaw’s Criminal Law Basics for additional details.

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