The Criminal Division of the Department of Justice is responsible for the prosecution of criminal cases, with the exception of domestic violence and juvenile cases which are prosecuted by the Family Division. Its mission is to represent the State in all criminal cases, and in so doing safeguard the constitutional rights of defendants and the human rights of victims and their families This responsibility includes the preparation and presentation of criminal cases before the Superior Court, the Court of Common Pleas, Family Court, and in some matters before the Justice of the Peace Courts. The Criminal Division also provides legal assistance to other law enforcement agencies, maintains a Victim/Witness Assistance Program.

The Division is managed by the State Prosecutor, who is appointed by the Attorney General and reports through the Chief Deputy Attorney General. The Criminal Division maintains offices in each of Delaware's three counties. Each of the county offices is headed by the County Prosecutor, who is appointed by the Attorney General and reports through the State Prosecutor. In New Castle County, the office is organized into several units. These units are the Felony Screening Unit, the Felony Trial Unit, the Sex Crimes Unit, the Drug Unit and the Misdemeanor Trial Unit. In Kent and Sussex Counties the office is organized into a Felony Trial Unit, a Felony Screening Unit, a Sex Crimes Unit, and a Misdemeanor Trial Unit.