Self-Defense in Delaware
State-specific overview · Criminal Law
Delaware permits self-defense with reasonable force but requires retreat when safely possible outside your home.
How Delaware treats Self-Defense
You may use force to defend yourself or others from imminent harm, but must retreat if you can do so safely and know of a safe escape route. In your home or workplace, Delaware recognizes a duty-to-retreat exception, allowing you to stand your ground. Deadly force is justified only when you reasonably believe it is necessary to prevent death, serious injury, or a felony. The law evaluates self-defense claims based on what a reasonable person would have believed and done in the same situation.
The general definition of Self-Defense
The legal right to use reasonable force to protect yourself from harm.
Self-defense is a legal justification for using force against someone who is attacking or about to attack you. The key word is 'reasonable'—the force you use must be proportional to the threat you face. Most states recognize a 'duty to retreat' in some situations, meaning you must try to escape if safely possible before using force. Some states have 'Stand Your Ground' laws that eliminate the duty to retreat and allow you to use force where you have a legal right to be.
Read the full Self-Defense entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.