Delaware does not have a stand your ground law. Instead, the state follows the “duty to retreat” principle in most public situations. This means that, outside of certain exceptions, a person must attempt to retreat or avoid using deadly force if it can be done with complete safety before resorting to such force in self-defense.
Key Provisions of Delaware Self-Defense Law
- Duty to Retreat: Delaware law explicitly requires individuals to retreat, if possible with complete safety, before using deadly force in self-defense. The law states that deadly force is not justifiable if the person knows they can avoid using it by retreating, surrendering property, or complying with a demand to abstain from an act they are not legally obligated to do.
- Castle Doctrine Exception: There is no duty to retreat in your own dwelling (home) or, in most cases, your workplace—unless you were the initial aggressor. This is commonly known as the “castle doctrine,” which allows people to use reasonable force, including deadly force, to protect themselves at home or work without first trying to escape.
- When Deadly Force Is Justified: Deadly force may only be used if the person reasonably believes it is necessary to protect themselves against death, serious physical injury, kidnapping, or sexual assault.
- Limitations: The use of force is not justified to resist arrest, even if the arrest is unlawful, and is not justified if the person provoked the encounter with the intent to cause harm.
Summary Table: Delaware Self-Defense Law
| Situation | Duty to Retreat? | Deadly Force Allowed? |
|---|---|---|
| In public | Yes, if safe retreat | Only if no safe retreat is possible |
| In your home (dwelling) | No | If reasonable belief of severe threat |
| In your workplace | No (unless aggressor) | If reasonable belief of severe threat |
| If you provoked the incident | N/A | Not justified |
| To resist arrest | N/A | Not justified |
Key Takeaways
- Delaware does not have a stand your ground law.
- You must retreat from a confrontation in public if you can do so safely before using deadly force.
- You do not have to retreat in your home or workplace (castle doctrine), unless you are the initial aggressor.
- Deadly force is only justified in response to threats of death, serious injury, kidnapping, or sexual assault.
For more details, see 11 Delaware Code § 464 and related state statutes.
Sources:
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-delaware/
- https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground