Delaware Hit and Run Penalties (2026)

Leaving the scene of an accident 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 hit and run charges in Delaware, consult a licensed Delaware criminal defense attorney.

Delaware Hit and Run Penalties

OffensePenalty
First OffenseProperty: unclassified misdemeanor; injury: Class D felony up to 8 years
Second OffenseDeath: Class C felony up to 15 years

21 Del. C. §4202

Hit and Run Statute of Limitations in Delaware

In Delaware, the general statute of limitations for a felony is 5 years and for a misdemeanor is 2 years.

See all Delaware statutes of limitations →

Defending Against Hit and Run Charges in Delaware

Common defenses in Delaware hit and run 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 Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication