What is the statute of limitations for a felony charge?

The statute of limitations for a felony charge in Delaware is generally five years. This means that the state must file charges within five years of the commission of the felony. If charges are not brought within this time frame, the defendant can no longer be prosecuted for that particular felony.

This five-year limit is set to ensure that evidence remains fresh and that the defendant has a fair opportunity to defend against the charges. The principle behind having a statute of limitations is to promote prompt and timely prosecution while also allowing defendants some finality and certainty in their legal standing.

Other periods for the statute of limitations can apply to different categories of crimes, such as misdemeanors or civil actions, but for felonies specifically, five years is the established limit.