Delaware Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Delaware: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Delaware, consult a licensed Delaware criminal defense attorney.

Delaware Burglary Penalties

OffensePenalty
First OffenseClass G felony (3rd degree): up to 2 years
Second OffenseClass D felony (1st degree): up to 8 years

11 Del. C. §824; 1st degree involves dwelling at night; enhanced for weapon/injury

Burglary Statute of Limitations in Delaware

In Delaware, the statute of limitations for theft and property crimes is generally 5 years.

See all Delaware statutes of limitations →

Defending Against Burglary Charges in Delaware

Common defenses in Delaware burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Delaware criminal defense attorney for advice.

Related Delaware Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication