Charges and sentences
Felony and misdemeanor classes in Delaware
Delaware grades felonies from Class A (most serious) to Class G. Misdemeanors are Class A, Class B or unclassified, and an offense that carries only a fine is a violation. Sentences are written in "Levels," and Level V means full incarceration.1
Checked October 29, 2026 against Delaware's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Delaware, an offense is a felony only if the law designates it as one. An offense that is not specifically designated a felony or a violation is a misdemeanor.1
- Felony theft starts at
- More than $1,500How theft is graded
- When a DUI is a felony
- A third DUI (after two prior offenses) is a class G felony, with 1 to 2 years in prison. A fourth and a fifth are class E felonies, a sixth is a class D felony, and a seventh or later is a class C felony. A first and second DUI are not labeled felonies in the statute.2
Felony classes in Delaware
From most to least serious: Class A, Class B, Class C, Class D, Class E, Class F, Class G. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | The law |
|---|---|---|
| Class A felony | 15 years to lifeFirst-degree murder is sentenced under § 4209 instead. | 11 Del. C. § 4205(b)(1)3 |
| Class B felony | 2 to 25 years | 11 Del. C. § 4205(b)(2)3 |
| Class C felony | Up to 15 years | 11 Del. C. § 4205(b)(3)3 |
| Class D felony | Up to 8 years | 11 Del. C. § 4205(b)(4)3 |
| Class E felony | Up to 5 years | 11 Del. C. § 4205(b)(5)3 |
| Class F felony | Up to 3 years | 11 Del. C. § 4205(b)(6)3 |
| Class G felony | Up to 2 yearsA felony that the law does not give a class is treated as a class G felony. | 11 Del. C. §§ 4205(b)(7), 4201(b)3 |
Misdemeanor classes in Delaware
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 1 yearThe court may also order restitution or other conditions. | Up to $2,300 | 11 Del. C. § 4206(a)3 |
| Class B misdemeanor | Up to 6 monthsThe court may also order restitution or other conditions. | Up to $1,150 | 11 Del. C. § 4206(b)3 |
| Unclassified misdemeanor | As set by the law that defines the offense. If it sets none, up to 30 days. | As set by the law that defines the offense. If it sets none, up to $575. | 11 Del. C. § 4206(c)3 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Violation | Fine of up to $345 for a first violation, $690 for a second and $1,150 for a third, and probation of up to 1 yearOnly violations within 5 years of the one being sentenced count toward the second and third tiers. | 11 Del. C. § 42073 |
Good to know
Delaware's felony sentencing statute sets prison terms only. It does not set a fine for each class; it says the court "may impose such fines and penalties as it deems appropriate."3
Felony prison terms are definite sentences and are served at Level V, which means a full custodial institution. Some classes have a minimum that the court cannot suspend (class A, 15 years; class B, 2 years).3
Many offenses name their own class or set their own penalty in the statute that defines them. DUI is one example: it sets felony classes by number of prior offenses.2
When theft is a felony in Delaware
In Delaware, theft of property worth more than $1,500 is a class G felony. Theft of $1,500 or less is a class A misdemeanor. More than $50,000 but less than $100,000 is a class D felony, and $100,000 or more is a class B felony. Theft from a victim who is 62 or older, an impaired adult or a person with a disability is a class G felony at any value. Since Sept. 14, 2026, the values of related thefts that are part of one course of conduct can be added together to reach these amounts.4
11 Del. C. § 841(c), (e); 85 Del. Laws c. 502 · Felony theft amounts in every state
DUI in Delaware
Delaware's statute covers driving a vehicle while under the influence of alcohol or drugs, or with a prohibited alcohol or drug content. It is commonly called DUI.
- Repeat offenses
- A third DUI (after two prior offenses) is a class G felony, with 1 to 2 years in prison. A fourth and a fifth are class E felonies, a sixth is a class D felony, and a seventh or later is a class C felony. A first and second DUI are not labeled felonies in the statute.
- Which past offenses count
- A second offense counts if it is within 10 years of a prior offense. For a third or later offense, all prior offenses count with no time limit. Prior offenses include DUI convictions from other states, federal and military courts, and taking part in a DUI first-offender or other diversion program.
- Other felony versions
- Causing a death by criminally negligent driving while under the influence is vehicular homicide in the first degree, a class C felony with a 2-year minimum. Causing a death by negligent driving while under the influence is vehicular homicide in the second degree, a class D felony with a 1-year minimum. Causing serious physical injury by negligent driving while under the influence is vehicular assault in the first degree, a class F felony.
21 Del. C. §§ 4177(d), 4177B(e); 11 Del. C. §§ 629, 630, 630A2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Delaware?
In Delaware, an offense is a felony only if the law designates it as one. An offense that is not specifically designated a felony or a violation is a misdemeanor.
What is a Class A felony in Delaware?
In Delaware, the prison range for a Class A felony is 15 years to life. First-degree murder is sentenced under § 4209 instead.
What is a Class B felony in Delaware?
In Delaware, the prison range for a Class B felony is 2 to 25 years.
What is a Class C felony in Delaware?
In Delaware, the prison range for a Class C felony is up to 15 years.
What is a Class D felony in Delaware?
In Delaware, the prison range for a Class D felony is up to 8 years.
What is a Class E felony in Delaware?
In Delaware, the prison range for a Class E felony is up to 5 years.
What is a Class F felony in Delaware?
In Delaware, the prison range for a Class F felony is up to 3 years.
What is a Class G felony in Delaware?
In Delaware, the prison range for a Class G felony is up to 2 years. A felony that the law does not give a class is treated as a class G felony.
What is a Class A misdemeanor in Delaware?
In Delaware, the jail range for a Class A misdemeanor is up to 1 year, and the fine is up to $2,300. The court may also order restitution or other conditions.
What is a Class B misdemeanor in Delaware?
In Delaware, the jail range for a Class B misdemeanor is up to 6 months, and the fine is up to $1,150. The court may also order restitution or other conditions.
What is an unclassified misdemeanor in Delaware?
In Delaware, the jail range for an unclassified misdemeanor is as set by the law that defines the offense. If it sets none, up to 30 days, and the fine is as set by the law that defines the offense. If it sets none, up to $575.
How much theft is a felony in Delaware?
In Delaware, theft of property worth more than $1,500 is a class G felony. Theft of $1,500 or less is a class A misdemeanor. More than $50,000 but less than $100,000 is a class D felony, and $100,000 or more is a class B felony. Theft from a victim who is 62 or older, an impaired adult or a person with a disability is a class G felony at any value. Since Sept. 14, 2026, the values of related thefts that are part of one course of conduct can be added together to reach these amounts.
These are the general ranges in Delaware's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Delaware" https://secondchanceindex.com/felony-classes/delaware, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- 11 Del. C. § 233(c)
- 21 Del. C. §§ 4177(d), 4177B(e); 11 Del. C. §§ 629, 630, 630A
- 11 Del. C. § 4205(k)
- 11 Del. C. § 841(c), (e); 85 Del. Laws c. 502
- Title 11, Chapter 2: Definition and classification of offenses (§ 233)Delaware Code Online, Delaware General Assembly
- Title 11, Chapter 42: Classification of Offenses; Sentences (§§ 4201, 4205, 4206, 4207)Delaware Code Online, Delaware General Assembly
- Title 11, Chapter 5, Subchapter III: Theft and related offenses (§ 841)Delaware Code Online, Delaware General Assembly
- Title 11, Chapter 5, Subchapter II: Offenses against the person (§§ 629, 630, 630A)Delaware Code Online, Delaware General Assembly
- Title 21, Chapter 41, Subchapter IX: Reckless Driving; Driving While Intoxicated (§§ 4177, 4177B)Delaware Code Online, Delaware General Assembly
- House Substitute 1 for House Bill 276 (85 Del. Laws c. 502), relating to theftDelaware General Assembly