Understanding Delaware’s Stand Your Ground Law

Delaware does not have a “Stand Your Ground” law. Instead, the state follows a “duty to retreat” standard for self-defense outside the home.

Key Features of Delaware’s Self-Defense Law

• Duty to Retreat:
  • If you are in a public place and can safely retreat from a threatening situation, Delaware law requires you to do so before resorting to deadly force.
  • This means you must attempt to avoid conflict if it is possible to do so without putting yourself in further danger.
• Castle Doctrine:
  • Delaware recognizes the Castle Doctrine, which means you have no duty to retreat if you are attacked in your own home or, in some cases, your workplace (unless you were the initial aggressor).
  • You may use force, including deadly force, to protect yourself or others if you reasonably believe it is necessary to prevent death, serious physical injury, kidnapping, or sexual assault.
• Use of Force:
  • The use of force is justifiable when a person reasonably believes it is immediately necessary to protect themselves against unlawful force.
  • Deadly force is only justified if the person reasonably believes it is necessary to protect against death, serious physical injury, kidnapping, or sexual assault.
• Exceptions to the Duty to Retreat:
  • No duty to retreat in your own dwelling.
  • No duty to retreat in your place of work, unless you were the initial aggressor.
  • Public officers or those assisting them do not have to retreat when performing their duties.

Comparison: Stand Your Ground vs. Duty to Retreat

Sources:

1. https://giffords.org/lawcenter/state-laws/stand-your-ground-in-delaware/
2. https://en.wikipedia.org/wiki/Stand-your-ground_law
3. https://www.delawaretactical.com/wp-content/uploads/2020/08/Use-of-force-law.pdf
4. https://law.justia.com/codes/delaware/title-11/chapter-4/section-464/