Deleware Criminal Statute of Limitations

Statute: Tit. 11 §205(a), (b), (h), (c), (e), (i), et seq.

Summary: The following sets forth a description of a particular crime or infraction, followed by the time period following such crime within which a legal action can be initiated in Deleware.  If action is not taken within the stated period below, the victim may potentially lose its right to press charges and the state may no longer be entitled to prosecute:

Felonies:

• Murder, attempt to commit murder, Class A felony, attempt to commit Class A felony: N/A
• Other felonies: 5 years unless forensic DNA evidence, then 10 years
• Any offense which includes forgery, fraud, breach of fiduciary duty, theft or misapplication of property, misconduct in public office: additional 3 years

Misdemeanors:

• Class A: 3 years
• Others: 2 years

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