Delaware does not have a “Stand Your Ground” law. Instead, the state follows a “duty to retreat” principle for self-defense outside the home, with important exceptions under the Castle Doctrine for one’s dwelling and, in some cases, the workplace.
Key Principles of Delaware Self-Defense Law
- Duty to Retreat:
In public or outside your home, if you are threatened, Delaware law requires you to retreat from the situation if you can do so safely before using deadly force. The use of force is only justifiable if you reasonably believe it is immediately necessary to protect yourself from unlawful force, but you must avoid the confrontation if retreat is possible without further danger to yourself. - Castle Doctrine (No Duty to Retreat at Home):
If you are in your own dwelling, you are not required to retreat before using force, including deadly force, to defend yourself against an intruder. This exception is known as the Castle Doctrine. However, deadly force is only justified if you reasonably believe it is necessary to prevent death, serious physical injury, kidnapping, or sexual assault. The justification for deadly force diminishes if the intruder is fleeing or no longer poses a threat. - Workplace Exception:
Similar to the home, there is no duty to retreat in your workplace under certain circumstances, unless you were the initial aggressor.
Use of Force: When Is It Justified?
- Non-lethal Force:
Permitted to defend against immediate threats without the need to prove the threat was life-threatening. - Deadly Force:
Only justified to prevent imminent death, serious bodily harm, kidnapping, or sexual assault. Not justified if you know you can avoid the necessity of using deadly force with complete safety by retreating.
Defense of Others and Property
- Defense of Others:
You may use force to protect others if you reasonably believe it is necessary, but the same duty to retreat applies unless the person you are defending is in their home or workplace. - Defense of Property:
Reasonable force can be used to prevent trespass or theft, but deadly force is only justified if the threat to property is accompanied by a threat to personal safety or if someone is attempting to dispossess you of your dwelling.
Comparison: Stand Your Ground vs. Delaware Law
| Feature | Stand Your Ground States | Delaware Law |
|---|---|---|
| Duty to Retreat | No duty to retreat in public | Duty to retreat in public |
| Castle Doctrine | Applies (no retreat at home) | Applies (no retreat at home) |
| Use of Deadly Force | Broader public justification | Only if retreat is unsafe or at home |
| Public Place Use | Can stand ground if threatened | Must retreat if safe to do so |
Delaware law does not permit you to “stand your ground” in public places. You must retreat from a threat if it is safe to do so before using deadly force, except in your home or, under some conditions, your workplace. The law is structured to balance the right to self-defense with a strong preference for de-escalation and avoidance of deadly confrontations outside the home.
Sources
- [1] https://crateclub.com/blogs/loadout/does-delaware-have-a-self-defense-law-understanding-the-state-s-legal-framework
- [2] https://www.delawaretactical.com/wp-content/uploads/2020/08/Use-of-force-law.pdf
- [3] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-delaware/
- [4] https://gun-safety.com/delaware/delaware-castle-doctrine/
- [5] https://en.wikipedia.org/wiki/Stand-your-ground_law
