By FindLaw Staff | Legally reviewed by Kathryn A. Ritcheske, Esq. | Last reviewed September 30, 2020
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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, and Delaware is no different. 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. For most felony charges, there is a five-year limit, which increases to 10 years when there is DNA evidence.
Learn about Delaware's criminal statute of limitations laws and related matters in the sections below.
| State | Delaware |
|---|---|
| Topic | Criminal statute of limitations |
| Definition | A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime. |
| Code Sections | Delaware Code title 11, section 205 |
| Felonies |
|
| Misdemeanors | Cases for Class A misdemeanors must start within 3 years; cases for other misdemeanors must start within 2 years. |
| Crimes in Which a Child Is a Victim | Cases for trafficking or attempted trafficking when the victim is a minor may be tried at any time. |
| Acts During Which Statute Does Not Run | The statute of limitations does not run when:
|
| Other |
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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.
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 discuss your case. You can also visit FindLaw's Criminal Law Basics for additional details.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Delaware attorneys offer free consultations.