Statute of Limitations for Class B / 2nd Degree Felony in Delaware

Overview

In Delaware, the statute of limitations (“SOL”) sets a deadline for the State to bring (or sometimes continue) a criminal prosecution. For a Class B felony / 2nd degree felony charge, Delaware uses a general/default SOL framework—meaning that unless a specific exception applies, the case is governed by the statute’s standard limitation period rather than a claim-type-specific rule.

Per the Delaware Code, the general SOL period is 2 years for certain felonies under Title 11, § 205(b)(3). No additional Class B / second-degree-specific sub-rule was identified in the provided jurisdiction data, so the default 2-year rule is the baseline discussed here.

Limitation period

Default rule for the Class B / 2nd degree felony SOL

• General SOL period: 2 years
• Governing statute: **Delaware Title 11, § 205(b)(3)
• When it applies: Applies as the baseline for qualifying offenses under the statute’s subsection—here, used as the general/default for Class B / 2nd degree felony under the provided data.

What “2 years” means in practice

When using a SOL calculator (like DocketMath’s), the key job is to determine:

1. The relevant start date (often the date of the alleged offense or other statute-defined trigger).
2. The relevant end date (the last day the prosecution can be initiated within the SOL window).
3. Whether any exceptions toll or extend the deadline.

Because SOL rules can be sensitive to dates and procedural events, you’ll want to align your inputs with the facts you’re tracking—especially the exact offense date and any later case filings.

Inputs that usually change the output

Use these as your checklist when you run the calculation in DocketMath:

If your offense date is earlier by 1 day, your SOL expiration date also moves by 1 day. Likewise, if the charge date falls after the computed expiration date, the case may be time-barred depending on whether an exception applies—the outcome depends on more than the raw timeline.

Key exceptions

Delaware SOL analysis often turns on whether the statutory clock is tolled (paused/extended) or whether the case is governed by a different trigger. The jurisdiction data provided here does not identify a Class B / second-degree-specific carve-out beyond the general rule, so the practical way to use this page is:

• Treat 2 years as the default.
• Then check whether a recognized exception/tolling doctrine is implicated by the case facts.

Here are the types of exception categories that commonly matter in criminal SOL disputes (without claiming they automatically apply to every case):

• Tolling events: certain legal events may pause the SOL clock.
• Concealment / unavailability facts: situations where the State could not reasonably proceed can sometimes affect timing under SOL frameworks.
• Procedural posture: amendments, re-filing, or related procedural steps can matter for the “within SOL” question.

Practical checklist for exception review

Before relying on the 2-year baseline, confirm whether any of the following are in play:

If you’re running a timeline in DocketMath, it helps to keep two outputs side-by-side when facts are uncertain:

• Baseline SOL expiration (2 years from your start date)
• Exception-adjusted expiration (only if you have verified facts supporting an extension/tolling trigger)

Statute citation

The Delaware general/default statute of limitations period referenced here is:

• **Delaware Title 11, § 205(b)(3)

  • General SOL period (from provided jurisdiction data): 2 years
  • Source: https://delcode.delaware.gov/title11/c002/index.html?utm_source=openai

Because this page is written as a reference-page for the default period, it does not claim a separate Class B / second-degree-specific SOL rule unless an exception applies.

Use the calculator

DocketMath’s statute-of-limitations calculator is built to help you translate a SOL statute into a concrete deadline you can compare against known case dates. To use it:

1. Open: /tools/statute-of-limitations
2. Select the jurisdiction:

   • **Delaware (US-DE)
3. Enter the dates that anchor the calculation:

   • Offense date / trigger date (the point the SOL clock starts)
   • Charge/final filing date (the point you compare to the SOL expiration)
4. Run the calculation to generate:

   • SOL expiration date (baseline)
   • Whether the filing date is within the computed window (baseline)

How outputs change with your inputs

If you suspect an exception

Run the baseline first. Then, if your facts support an extension/tolling trigger, re-run with the adjusted start/end assumptions you can justify from Delaware’s statutory text and procedural record. Keep your baseline calculation documented alongside any exception theory, so you can explain the timing logic clearly.

When you’re done, you can generate a quick case timeline narrative for internal review (not legal advice), focused on the computed deadlines and the specific dates used.

Primary CTA: Run the SOL calculator

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison