Delaware does not have a traditional “Stand Your Ground” law, instead imposing a duty to retreat before using deadly force in public self-defense scenarios.
Legal Framework
Under 11 Delaware Code §464, a person may use force, including deadly force, to protect themselves if they reasonably believe it’s necessary to prevent imminent death, serious injury, or a forcible felony.
Deadly force becomes unjustifiable if the person knows they can retreat with complete safety, surrender property, or comply with a demand without legal obligation.
No duty to retreat applies inside one’s dwelling or workplace, provided the person wasn’t the initial aggressor—this functions as a limited Castle Doctrine. Courts evaluate reasonableness based on the totality of circumstances.
Key Differences from Stand Your Ground States
Delaware’s approach contrasts with states like Florida or Georgia, where no retreat is required in public if lawfully present and not engaged in crime.
Prosecutors can argue failure to retreat as evidence against self-defense claims, potentially leading to charges like manslaughter or murder.
Civil immunity for justified force doesn’t extend broadly, leaving users vulnerable to lawsuits.
Practical Implications
In public confrontations, Delaware law prioritizes de-escalation: retreat if safe to avoid liability. Weapons like firearms must meet permit rules under Title 11, Chapter 5, complicating defenses.
Recent cases underscore retreat’s role; for example, juries have rejected claims where safer options existed. Training programs emphasize this distinction for concealed carry holders.
Comparison with Neighboring States
| State | Stand Your Ground? | Duty to Retreat in Public? | Home Protection? |
|---|---|---|---|
| Delaware | No | Yes, if safe | No duty to retreat |
| Pennsylvania | Limited | Yes outside home | Strong Castle Doctrine |
| New Jersey | No | Yes, strict | Limited Castle |
| Maryland | No | Yes | Duty even in home |
| Virginia | Yes | No | Full stand ground |
Delaware aligns with cautious Mid-Atlantic peers.
Best Practices
Assess threats objectively and prioritize escape routes. Document incidents immediately for legal defense. Consult attorneys post-event, as immunity hearings aren’t automatic.
Delaware balances self-defense rights with public safety through retreat mandates.
SOURCES :
- https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
- https://delcode.delaware.gov/title11/c005/sc07/
