What are the penalties for a felony in Delaware?

Felony penalties in Delaware range from 0–2 years for the lowest class to life imprisonment for the most serious [§ 11-4205]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 11-4205]. Misdemeanors carry county jail time (up to 1 year) [§ 11-4206]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Delaware Criminal Defense Guide — Charges & Process

Q: Does Delaware have a speedy trial requirement?

Delaware does not have a fixed-day speedy trial clock [§ 11-4502]. Delaware relies on constitutional speedy trial analysis under Barker v. Wingo. Del. Super. Ct. Crim. R. 48 allows dismissal for unnecessary delay. No fixed statutory day count.

Q: Can I get my criminal record expunged in Delaware?

Yes, for eligible offenses [§ 11-4372 et seq.]. Waiting periods: Varies: 3 years (misdemeanor conviction); 5 years (felony conviction for eligible offenses); immediate for acquittals/dismissals. Delaware enacted comprehensive expungement reform in 2019 (SB 111). Mandatory expungement for acquittals and dismissals. Discretionary expungement for eligible convictions. Violent and sex offenses excluded. Filing fee waivable for indigent petitioners.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Delaware.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Delaware Criminal Process — Step by Step Your Rights in an Delaware Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Delaware classifies criminal offenses §11-4205

Delaware divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: varies to life - Class B felony: 2–25 years - Class C felony: 0–15 years - Class D felony: 0–8 years - Class E felony: 0–5 years - Class F felony: 0–3 years - Class G felony: 0–2 years

Misdemeanor classifications §11-4206

Class A misdemeanor: up to 12 months, $2,300 fine - Class B misdemeanor: up to 6 months, $1,150 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §11-4206, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §11-4206	State prison (1 year or more) §11-4205
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §11-4372 et seq.	Fewer offenses eligible §11-4372 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §11-1904. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. Del. Code tit. 11 § 1904 governs warrantless arrest authority; § 1902 covers brief investigative stops, which are expressly not arrests. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Del. Code tit. 11 § 2107 directs the court not to require oppressive bail but to set bail that reasonably assures the defendant's reappearance, compliance with the bond conditions, and the safety of the community. For enumerated serious offenses — including any Title 11 class A felony and listed violent, sexual, and weapons offenses — the presumption is a bond guaranteed by financial terms within or above the SENTAC guidelines and secured by cash only, subject to review by a court of competent jurisdiction. The court must document its reasons for the amount and level of bail. §11-2107 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §11-4333 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Delaware has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §11-1901 et seq.. Office of Defense Services (ODS) provides statewide public defender services through the Public Defender's Office and Conflicts Unit.
Right to a speedy trial — Delaware does not set a fixed number of days for speedy trial §11-4502. Delaware relies on constitutional speedy trial analysis under Barker v. Wingo. Del. Super. Ct. Crim. R. 48 allows dismissal for unnecessary delay. No fixed statutory day count.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Delaware: Misdemeanor: up to 1 year; Felony: up to 2 years (Class G–F) to 5 years (Class A–C) §11-4333 et seq..

⚠Delaware has a habitual offender law §11-4214. Habitual criminal: 3+ prior felony convictions triggers mandatory enhanced sentence. Court may impose sentence of life imprisonment for any felony conviction upon finding defendant is habitual criminal.

Clearing your record

Delaware does allow certain criminal records to be sealed or expunged §11-4372 et seq.. Waiting periods: Varies: 3 years (misdemeanor conviction); 5 years (felony conviction for eligible offenses); immediate for acquittals/dismissals. Delaware enacted comprehensive expungement reform in 2019 (SB 111). Mandatory expungement for acquittals and dismissals. Discretionary expungement for eligible convictions. Violent and sex offenses excluded. Filing fee waivable for indigent petitioners.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §16-4763. Marijuana possession: Adult recreational possession within state-set personal-use limits is lawful under the Delaware Marijuana Control Act; unlicensed distribution and possession above those limits can still be charged criminally — confirm current limits with a lawyer.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §11-611 et seq.. Domestic violence offenses carry additional consequences including protective orders §10-1041 et seq..

Theft and property crimes

Classification depends on the value of property taken §11-840 et seq.. Felony threshold: $1,500 (Class G felony for $1,500–$49,999, §11-840).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Delaware attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions