Delaware Felony Classes and Misdemeanor Penalties (2026)

Delaware classifies every offense as a felony, a misdemeanor or a violation, and "Any offense not specifically designated by law to be a felony or a violation is a misdemeanor" (11 Del. C. 233(c)). Felonies fall into seven classes, A through G, carrying from up to 2 years (Class G) to 15 years to life (Class A); misdemeanors are Class A, Class B or unclassified (11 Del. C. 4201, 4202, 4205, 4206).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Delaware's Criminal Code (Title 11 of the Delaware Code) classifies offenses and the class-based sentencing, fine, probation and guideline sections (11 Del. C. 233, 4201 to 4207, 4209, 4214, 4333, 4334, 4383 and 8905A). It does not cover how individual offenses are graded (see the Delaware theft laws and Delaware assault laws pages), time limits for prosecution, record clearing, environmental misdemeanors and violations, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Delaware

Delaware draws the line by designation. Under 11 Del. C. 233(c):

"An offense is either a felony, a misdemeanor or a violation. Any offense not specifically designated by law to be a felony or a violation is a misdemeanor."

So an offense is a felony because its statute calls it one, not because of the length of sentence it carries. A Class G felony carries up to 2 years (11 Del. C. 4205(b)(7)), while a Class A misdemeanor carries up to 1 year (11 Del. C. 4206(a)).

The classes are set by three short sections:

• Felonies: "Felonies are classified, for the purpose of sentence, into 7 categories," Class A through Class G (11 Del. C. 4201(a)).
• Misdemeanors: "Misdemeanors are classified for the purpose of sentence into 2 categories," Class A and Class B (11 Del. C. 4202(a)), with an unclassified category for the rest (11 Del. C. 4202(b)).
• Violations: "No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense" (11 Del. C. 4203).

Delaware felony and misdemeanor classes, sentences and fines

The table gives the statutory range for each class. These are the limits set by the class-sentencing sections; the offense statute fixes which class applies, and other sections, such as the habitual-criminal statute described below, can change the sentence.

These are the ranges for the class itself; 11 Del. C. 4214 and 4205A set higher ranges for some repeat convictions, described below. The Class A and Class B minimums cannot be suspended (11 Del. C. 4205(d)).

For felonies, 11 Del. C. 4205(k) provides: "In addition to the penalties set forth above, the court may impose such fines and penalties as it deems appropriate." The class statute sets no felony fine ceiling; an individual offense statute may set its own. For misdemeanors, the sentence may include the listed term "and such fine up to" the listed amount, "restitution or other conditions as the court deems appropriate" (11 Del. C. 4206(a)-(b)).

A Class A felony can carry up to life imprisonment (11 Del. C. 4205(b)(1)); the Delaware life sentence page explains what a life term means there.

How a Delaware sentence is set

Definite sentences and no parole

Delaware felony sentences are fixed terms. "A sentence of incarceration for a felony shall be a definite sentence" (11 Del. C. 4205(a)), and "No sentence to Level V incarceration imposed pursuant to this section is subject to parole" (11 Del. C. 4205(j)). Level V is the incarceration level the class sections refer to throughout.

Sentencing guidelines

85 Del. Laws c. 367 repealed the former sentencing-commission subchapter, 11 Del. C. 6580 to 6582, effective July 23, 2026, and section 2 of the act enacted Chapter 89A, which establishes the Delaware Sentencing Guidelines and Accountability Commission to review the guidelines. Under 11 Del. C. 8905A(a):

"The Commission shall review the current sentencing guidelines on an ongoing basis and recommend updates to the guidelines and the Delaware Code as appropriate to ensure sentencing consistent with the seriousness of the offense and taking into consideration evidence-based practices to reduce recidivism. The sentencing guidelines shall: (1) Be the presumption in the sentencing of individuals. (2) Address the selection and severity of sanctions."

The class range in the table is the outer limit.

Habitual criminals and repeat sex offenders

11 Del. C. 4214(a) covers two groups. One is a person who "has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c)" and is convicted again as the subsection specifies. The other is "any person who has been 3 times convicted of any felony under the laws of this State, and/or any other state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony." Either is "declared to be an habitual criminal." On the State's petition, the court "shall impose the applicable minimum sentence pursuant to subsection (b), (c) or (d) of this section and may, in its discretion, impose a sentence of up to life imprisonment."

The minimums depend on the record. A person with 3 prior felonies whose new felony is a first violent felony receives at least half the statutory maximum for the new felony, or 30 years if that maximum is life (11 Del. C. 4214(b)). A person with 2 prior felonies and 1 prior violent felony whose fourth or later felony is a violent felony receives at least the statutory maximum for that felony (11 Del. C. 4214(c)), and so does a person with 2 prior violent felonies convicted of a third (11 Del. C. 4214(d)), in each case up to life. Those minimums "shall not be subject to suspension by the court, and shall be served in its entirety at full custodial Level V institutional setting without the benefit of probation or parole," subject only to 11 Del. C. 4205(h), 4381 and 4382 (11 Del. C. 4214(e)).

Separately, 11 Del. C. 4205A(a) requires a sentence of not less than 25 years up to life at Level V, on the State's application, for the sex offenses it lists where the person has a prior Class A or B felony sex-offense conviction or the victim is a child under 14, and 11 Del. C. 4205A(c) adds 5 more years at Level V where the victim is a child under 7.

Offenses with no stated class

Delaware supplies default classes:

• "Any crime or offense which is designated as a felony but which is not specifically given a class shall be a class G felony and shall carry the sentence provided for said class felony" (11 Del. C. 4201(b)).
• "Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a class B misdemeanor or a violation shall be an unclassified misdemeanor or an environmental misdemeanor or environmental violation" (11 Del. C. 4202(b)).
• An unclassified misdemeanor is sentenced "in accordance with the sentence specified in the law defining the offense. If no sentence is specified in such law, the sentence may include up to 30 days incarceration at Level V and such fine up to $575, restitution or other conditions as the court deems appropriate" (11 Del. C. 4206(c)).

Can a felony become a misdemeanor in Delaware?

Delaware's classification and sentencing sections (11 Del. C. 233 and 4201 to 4207) contain no provision letting a court or prosecutor treat a felony as a misdemeanor, the mechanism other states call a "wobbler." The class comes from the offense statute. A court can suspend a sentence, or the part above any required minimum, for probation (11 Del. C. 4205(d)-(e)), but that is a sentencing option, not a change of class. Many offense statutes set different classes depending on the facts, such as the value of property; the Delaware theft laws page shows how theft classes rise with value.

Violations

A violation is the third of Delaware's three kinds of offense (11 Del. C. 233(c)), and it exists only where a statute says so: "No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense" (11 Del. C. 4203).

The violation-sentencing section, 11 Del. C. 4207, authorizes two things. Under subsection (a), "The Court may impose a fine of up to $345 for the first offense of any violation, up to $690 for the second offense of that same violation and up to $1,150 for the third offense of the same violation; provided, that only violations which occurred within 5 years of the violation for which sentence is imposed shall be considered in determining sentence." Under subsection (b), "The Court may impose a period of Level I probation up to 1 year for any violation."

How long is probation in Delaware?

Delaware's default probation terms are short. 11 Del. C. 4333(b) provides:

"The length of any period of probation or suspension of sentence is limited to the following: (1) Two years, for any violent felony in this title as designated in § 4201(c) of this title. (2) Eighteen months, for any offense set forth in Title 16. (3) One year, for any offense not otherwise specified in paragraph (b)(1) or (2) of this section."

Those limits do not apply in three situations listed in 11 Del. C. 4333(d), each requiring a determination by the sentencing court:

• a sexual offense as defined in 11 Del. C. 761, "if the sentencing court determines on the record that a longer period of probation or suspension of sentence will substantially reduce the likelihood that the individual will commit a sexual offense or other violent offense in the future";
• a designated violent felony, "if the sentencing court determines on the record that public safety will be enhanced by a longer period of probation or suspension of sentence";
• any offense, "if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered."

The court may also exceed the limits by up to 90 days, after a hearing and findings on the record, so a person can finish a court-ordered substance abuse treatment program (11 Del. C. 4333(e)), and time designated to be served at Supervision Level IV, or custodial supervision under 11 Del. C. 4204(l), does not count toward them (11 Del. C. 4333(g)).

Probation can also be shortened. A person under supervision "may earn up to 30 days of credit for 30 days of compliance with conditions of supervision," and the credit is forfeited on conviction of a new crime (11 Del. C. 4383(b)). It does not apply to probation for a sexual offense, a designated violent felony, restitution-only probation or other categories set by Department rules (11 Del. C. 4383(d)).

An outer limit sits above all of this. "Except as provided by subsection (g) of this section, in no event shall the total period of probation or suspension of sentence exceed the maximum term of commitment provided by law for the offense or 1 year, whichever is greater; provided, that in all cases where no commitment is provided by law the period of probation or suspension of sentence shall not be more than 1 year" (11 Del. C. 4333(f)).

What happens after a probation violation in Delaware?

Under 11 Del. C. 4334(c), the court holds a hearing, which "may be informal or summary." "If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed."

Not every violation goes to court. Under 11 Del. C. 4334(d), the Department may "administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought," including by placing the person "at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year," or on home confinement for up to 10 consecutive days and 20 days per calendar year.

Recent changes

• Sentencing guidelines (2026): 85 Del. Laws c. 367 repealed 11 Del. C. 6580 to 6582 effective July 23, 2026, and enacted Chapter 89A, under which the sentencing guidelines shall "Be the presumption in the sentencing of individuals" (11 Del. C. 8905A(a)(1)).
• Probation violations (2027): the Delaware Code carries two versions of 11 Del. C. 4334, one effective until February 1, 2027 and one effective on that date, reflecting 84 Del. Laws c. 473 and 85 Del. Laws c. 61 and c. 62. The subsections (c) and (d) quoted above read the same in both versions.
• Probation (2025): 85 Del. Laws c. 67 (approved July 1, 2025, effective 180 days after enactment) restyled 11 Del. C. 4333, added the findings required for the 90-day treatment extension and barred raising a restitution-only probationer's level for reasonable inability to pay, and amended 11 Del. C. 4383 to remove the former cap that earned compliance credit could not exceed half the probationary period.

The class-sentencing sections themselves are older: 11 Del. C. 4205 and 4206 were last amended by 74 Del. Laws c. 106 and c. 153.

Related legal issues in Delaware

The class of a particular offense comes from its own statute. The Delaware theft laws page explains how theft is graded into these classes, and the Delaware assault laws page covers the assault offenses. For clearing an old record, see Delaware expungement laws. For the time limits on bringing charges, see the Delaware statute of limitations.

Federal firearm rule

Federal gun law does not use Delaware's class labels: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Delaware theft laws
• Delaware expungement laws
• Delaware life sentence
• Pennsylvania felony and misdemeanor degrees
• New Jersey crime degrees and sentences

This article provides general legal information about Delaware offense classes and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Delaware.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Delaware?

Delaware goes by designation: an offense is a felony only if the law designates it a felony, a violation only if expressly declared one, and every other offense is a misdemeanor (11 Del. C. 233(c), 4203). Felonies carry up to 2 years (Class G) through life (Class A); Class A misdemeanors up to 1 year (11 Del. C. 4205(b), 4206(a)).

What are the felony classes in Delaware?

Seven, Class A through Class G (11 Del. C. 4201(a)). Class A carries 15 years to life (first-degree murder by an adult: life without probation or parole under 4209(a)), Class B 2 to 25 years, Class C up to 15, Class D up to 8, Class E up to 5, Class F up to 3 and Class G up to 2 years at Level V (11 Del. C. 4205(b)). Those are the class ranges; the habitual-criminal statute (11 Del. C. 4214) and 11 Del. C. 4205A can require longer minimum terms.

What is a Class A misdemeanor in Delaware?

The higher of Delaware's two misdemeanor classes. The sentence may include up to 1 year of incarceration at Level V and a fine of up to $2,300, restitution or other conditions the court deems appropriate (11 Del. C. 4206(a)).

Is a violation a crime in Delaware?

Delaware's code defines crime and offense as one term (11 Del. C. 233(a)), and a violation is one of the three kinds of offense, alongside felonies and misdemeanors (11 Del. C. 233(c)); an offense is a violation only if a statute expressly declares it one (11 Del. C. 4203). Section 4207 authorizes only a fine of up to $345 for a first offense, rising to $1,150 for a third within 5 years, and up to 1 year of Level I probation.

Can a felony be reduced to a misdemeanor in Delaware?

Delaware's classification and sentencing sections (11 Del. C. 233 and 4201 to 4207) contain no provision converting a felony into a misdemeanor; the class comes from the offense statute. A court's power to suspend a sentence, or the part above any required minimum, for probation does not change the class.

How long is probation in Delaware?

Generally 2 years for a violent felony designated in 11 Del. C. 4201(c), 18 months for a Title 16 offense and 1 year for any other offense (11 Del. C. 4333(b)). A court may order longer probation for a sexual offense, a designated violent felony or to collect restitution if it makes the finding the statute requires on the record (11 Del. C. 4333(d)), and may extend probation by up to 90 days to finish court-ordered substance abuse treatment (11 Del. C. 4333(e)). Earned compliance credit can shorten probation, except for the offenses 11 Del. C. 4383(d) excludes.

What happens if you violate probation in Delaware?

After a hearing, which may be informal or summary, the court may continue or revoke probation and may require the person to serve the sentence imposed or any lesser sentence, or, if imposition of sentence was suspended, any sentence that might originally have been imposed (11 Del. C. 4334(c)).

Is there parole in Delaware?

Not for felony incarceration imposed under the felony-sentencing section: "No sentence to Level V incarceration imposed pursuant to this section is subject to parole" (11 Del. C. 4205(j)).