Criminal penalties in Delaware
Checked in October 2026 against the Delaware Code, Title 11 and Title 21, on the Delaware Code Online.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Delaware sets penalties
- Delaware sorts felonies into classes A to G. The class sets the term of incarceration, which the Code calls 'Level V' (11 Del. C. § 4205): class A, not less than 15 years up to life; class B, 2 to 25 years; class C, up to 15 years; class D, up to 8 years; class E, up to 5 years; class F, up to 3 years; class G, up to 2 years. A felony sentence of incarceration is a definite sentence.
- Misdemeanors are class A (up to 1 year and a fine of up to $2,300), class B (up to 6 months and a fine of up to $1,150) or unclassified (§ 4206).
- First-degree murder is outside the class A range: an adult offender receives life imprisonment without parole (§ 4209).
- Some offences move up a class in listed cases (for example, a weapon, an injury, or a vulnerable victim). The tables show the main classes from the mildest.
Death penalty: No death sentence can be imposed under the sections read here. First-degree murder committed by an adult is punished by imprisonment for the remainder of the person's natural life, without probation, parole or any other reduction (11 Del. C. § 4209).
First-degree murder
Life imprisonment without parole (for an adult)
Murder in the first degree (intentionally causing death, killing during a felony, killing a police officer or other listed victim, and other listed cases) (Class A felony)
- Least
- Life
- Most
- Life imprisonment without parole (§ 4209)
An adult offender is sentenced to imprisonment for the remainder of their natural life without benefit of probation, parole or any other reduction (§ 4209).
Second-degree murder
15 years to life (class A)
Murder in the second degree (recklessly causing death with cruel, wicked and depraved indifference to human life, or a death through criminal negligence during a felony) (Class A felony)
- Least
- 15 years
- Most
- Life imprisonment
Voluntary manslaughter
2 to 25 years (class B)
Manslaughter (recklessly causing death; causing death with intent to cause serious physical injury; or intentionally causing death under the influence of extreme emotional disturbance) (Class B felony)
- Least
- 2 years
- Most
- 25 years
Delaware defines manslaughter to include intentionally causing a death under the influence of extreme emotional disturbance, and recklessly causing a death.
Robbery
Up to 5 years (second degree, class E) up to 2 to 25 years (first degree, class B)
Robbery in the second degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
Class D (up to 8 years) where the person takes a motor vehicle and, while in control of it, does one of the further listed acts.
Robbery in the first degree (causing physical injury to a non-participant, displaying what appears to be a deadly weapon, being armed with a dangerous instrument, a victim aged 65 or older, and other listed cases) (Class B felony)
- Least
- 2 years
- Most
- 25 years
Burglary
Up to 3 years (third degree) up to 2 to 25 years (first degree, armed or injuring)
Burglary in the third degree (Class F felony)
- Least
- No minimum term set by the statute
- Most
- 3 years
Burglary in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 8 years
Burglary in the first degree (Class C felony)
- Least
- 1 year (minimum at Level V)
- Most
- 15 years
A minimum sentence of 1 year at Level V applies.
Burglary in the first degree where the person is armed with explosives or a deadly weapon, or causes physical injury to a non-participant (Class B felony)
- Least
- 2 years
- Most
- 25 years
Arson
Up to 8 years (second degree) up to 15 years (first degree)
Arson in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 8 years
Arson in the first degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
Aggravated assault
Up to 1 year (third degree) up to 25 years (first degree)
Assault in the third degree (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine of up to $2,300
Assault in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 8 years
A class C felony in some listed cases (up to 15 years).
Assault in the first degree (intentionally causing serious physical injury by a deadly weapon or dangerous instrument, or serious and permanent disfigurement, or recklessly creating a substantial risk of death) (Class B felony)
- Least
- 2 years
- Most
- 25 years
Delaware names the offences assault in the third, second and first degree. Second-degree assault is a class D felony, and a class C felony in listed cases, such as an assault on an officer with an electronic control device.
Rape and sexual assault
Up to 15 years (fourth degree) up to life (first degree)
Rape in the fourth degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
Rape in the third degree (Class B felony)
- Least
- 2 years
- Most
- 25 years
Rape in the second degree (Class B felony)
- Least
- 2 years
- Most
- 25 years
Rape in the first degree (Class A felony)
- Least
- 15 years
- Most
- Life imprisonment
Kidnapping
Up to 2 years (first-degree unlawful imprisonment, class G) up to 25 years (kidnapping in the first degree, class B)
Unlawful imprisonment in the second degree (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine of up to $2,300
Unlawful imprisonment in the first degree (restraint that exposes the person to the risk of serious physical injury) (Class G felony)
- Least
- No minimum term set by the statute
- Most
- 2 years
Kidnapping in the second degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
Kidnapping in the first degree (to hold for ransom, to use as a shield or hostage, to facilitate a felony, to inflict injury or abuse sexually, to terrorise, or to take a child from a custodian) (Class B felony)
- Least
- 2 years
- Most
- 25 years
Embezzlement
Up to 1 year (a class A misdemeanor) up to 25 years ($100,000 or more)
Theft of $1,500 or less (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine of up to $2,300
Theft of more than $1,500 (Class G felony)
- Least
- No minimum term set by the statute
- Most
- 2 years
Theft of more than $50,000 but less than $100,000 (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 8 years
Theft of $100,000 or more (Class B felony)
- Least
- 2 years
- Most
- 25 years
Delaware defines theft to include, among other things, legally receiving or taking control of another's property and fraudulently converting it to one's own use (the section's third form). The class then depends on the value: a class A misdemeanor, class G felony over $1,500, class D felony over $50,000 but under $100,000, and class B felony at $100,000 or more. A theft from a victim aged 62 or older, or a vulnerable adult, is raised a class (class F over $1,500).
Forgery
Up to 1 year (third degree) up to 3 years (first degree)
Forgery in the third degree (all other forgery) (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine of up to $2,300
Forgery in the second degree (Class G felony)
- Least
- No minimum term set by the statute
- Most
- 2 years
Forgery in the first degree (Class F felony)
- Least
- No minimum term set by the statute
- Most
- 3 years
Drunk driving, first offence
A fine of $500 to $1,500 or up to 12 months in prison, or both
Driving a vehicle while under the influence, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 12 months' imprisonment (the court may suspend it)
- Fine
- A fine of $500 to $1,500
Any period of imprisonment imposed for a first offence may be suspended. A second offence within 10 years carries a minimum of 60 days and up to 18 months in prison, and a fine of $750 to $2,500. Other penalties, such as licence revocation, also follow.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, North Dakota, South Dakota, Alabama, Alaska.
