Delaware Trespassing Penalties (2026)

Criminal trespassing 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 trespassing charges in Delaware, consult a licensed Delaware criminal defense attorney.

Delaware Trespassing Penalties

OffensePenalty
First OffenseClass B misdemeanor: up to 6 months, $1,150 fine
Second OffenseClass A misdemeanor: up to 1 year

11 Del. C. §820

Trespassing 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 Trespassing Charges in Delaware

Common defenses in Delaware trespassing 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 Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication