Stand Your Ground in Delaware
State-specific overview · Criminal Law
Delaware recognizes no duty to retreat in places where you have a legal right to be.
How Delaware treats Stand Your Ground
Delaware permits use of force, including deadly force, without retreating when you are in a place where you have a lawful right to be and face imminent threat of death or serious bodily injury. This applies in your home, vehicle, and public spaces. You must reasonably believe force is necessary to prevent harm, but you are not required to attempt escape first. Delaware's law aligns closely with stand-your-ground principles for lawful occupants.
The general definition of Stand Your Ground
A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.
Stand your ground laws permit a person to use force, including deadly force, to defend themselves against a threat without first trying to escape or avoid the danger. These laws eliminate the traditional legal duty to retreat before using force. They apply in places where a person has a legal right to be, such as their home, workplace, or public spaces. Stand your ground laws are controversial because they expand when people can legally use deadly force, and they vary significantly by state.
Read the full Stand Your Ground 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.