Delaware's Self-Defense

Today, we're going to explore Delaware's self-defense laws, providing you with a clear and straightforward understanding of your rights and responsibilities when it comes to protecting yourself, others, and your property within the state. Let's break down these legal concepts in a way that's easy to grasp.

1. The Foundation of Self-Defense in Delaware

In Delaware, self-defense is recognized as a legal justification for using force to protect oneself or others from imminent harm. This principle is primarily outlined in Title 11, Section 464 of the Delaware Code. Under this statute, an individual may use physical force upon another when they reasonably believe it's immediately necessary to defend themselves or someone else against the use of unlawful force by that person. ​Delaware Code

2. Use of Non-Deadly Force

Non-deadly force refers to actions that are not likely to cause death or serious bodily harm. In Delaware, you're justified in using non-deadly force if you reasonably believe it's necessary to defend yourself or another against another person's imminent use of unlawful force. The key factors here are:​

  • Imminent Threat: The danger must be immediate and unavoidable. ​Findlaw

  • Reasonable Belief: You must genuinely believe that force is necessary to prevent harm, and this belief must be reasonable under the circumstances.​

  • Proportionality: The force used must be proportional to the threat faced.​

It's important to note that verbal provocations alone do not justify the use of physical force.​

3. Use of Deadly Force

Deadly force is force likely to cause death or serious bodily harm. In Delaware, the use of deadly force is justified under specific conditions:​

  • Self-Defense: If you reasonably believe that deadly force is necessary to prevent imminent death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat.​ Justia Law

  • Defense of Others: If you reasonably believe that another person is in imminent danger of the above-mentioned crimes, and the use of deadly force is necessary to protect them.​

The belief in the necessity of deadly force must be both genuine and reasonable under the circumstances. Additionally, Delaware law requires that the force used in self-defense be proportional to the threat faced. This means you cannot use deadly force unless you reasonably believe that you are facing imminent death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat. ​delawaretactical.com

4. The "Castle Doctrine" and Defense of Dwelling

The "Castle Doctrine" is a legal principle that allows individuals to use reasonable force, including deadly force, to protect themselves against intruders in their home. In Delaware, this doctrine is recognized under Title 11, Section 464(e)(2) of the Delaware Code. You're justified in using deadly force to prevent or terminate an unlawful entry into your dwelling if you reasonably believe such force is necessary. However, this justification does not apply if you know that you can avoid the necessity of using such force with complete safety by retreating, surrendering possession, or complying with a demand that you abstain from performing an act which you're not legally obligated to perform. ​Delaware Code

5. Defense of Premises and Property

Delaware law allows the use of physical force to defend your premises against certain crimes:​

  • Criminal Trespass: You're justified in using physical force, other than deadly force, to prevent or terminate criminal trespass on your property.​

  • Larceny and Criminal Mischief: You're justified in using physical force, other than deadly force, to prevent or terminate the commission of larceny or criminal mischief concerning your property.​

However, the use of deadly physical force to protect property is generally not justified unless there's also a threat to personal safety. ​

6. Duty to Retreat

Unlike some states with "Stand Your Ground" laws, Delaware imposes a duty to retreat before using deadly force if you know you can avoid the necessity of using such force with complete safety by retreating, surrendering possession, or complying with a demand that you abstain from performing an act which you're not legally obligated to perform. However, there's no duty to retreat when you're in your dwelling or place of work and were not the initial aggressor. ​

7. Use of Force to Prevent Certain Crimes

You're justified in using physical force, including deadly force, to prevent the commission of certain crimes, such as arson, burglary, robbery, or kidnapping, upon your premises. The force used must be proportional to the crime being prevented. ​

8. Legal Immunity and Consequences

If you use force in self-defense, and it's later determined that your actions were justified under the law, you may be immune from criminal prosecution and civil liability. However, if your use of force is deemed excessive or unjustified, you could face serious legal consequences, including criminal charges and civil suits.​

9. Recent Legal Developments

Delaware's self-defense laws have been influenced by recent legal developments:​

  • Gun Control Measures: Delaware has enacted laws banning assault weapons and limiting magazine capacity. Effective June 30, 2022, the production, sale, transfer, receipt, and possession of firearms deemed as assault weapons are prohibited. Additionally, effective August 29, 2022, the production, sale, purchase, receipt, transfer, and possession of magazines capable of holding more than 17 rounds is prohibited. Active and retired law enforcement officers, members of the United States Armed Forces, and concealed-carry permit holders are exempt from the ban. ​Wikipedia

10. Conclusion

Understanding Delaware's self-defense laws is crucial for navigating situations where you may need to protect yourself others, or your property. While the statutes provide a framework for when and how force can be used, always remember that these situations are complex and can have significant legal and personal repercussions. It's essential to assess each situation carefully, use appropriate force, avoid unnecessary escalation, and be prepared for legal scrutiny following any use of force incident.