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Assault

11 Del. C. § 611 — offensive touching, then third degree as a class A misdemeanor, and felonies above that

OffenseWhat it takesLevel
OffenseOffensive touchingWhat it takesIntentionally touching another, knowing it is likely to cause offense or alarmLevelUnclassified misdemeanor; class A when striking with a bodily fluid, or the person touched is an officer or medical worker on duty
OffenseThird degreeWhat it takesIntentionally or recklessly causing physical injuryLevelClass A misdemeanor
OffenseSecond degreeWhat it takesSerious physical injury, injury by a deadly weapon or dangerous instrument, or injury to a person 62 years of age or olderLevelClass D felony
OffenseFirst degreeWhat it takesIntentionally causing serious physical injury with a deadly weapon, or serious permanent disfigurementLevelClass B felony
  • 11 Del. C. § 601
  • 11 Del. C. § 611
  • 11 Del. C. § 612
  • 11 Del. C. § 613
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Not knowing the person was 62 or older, or believing the person younger, is no defense to the second degree offense.

  • 11 Del. C. § 612

Self defense is a justification the court weighs. A particular charge is a question for a licensed Delaware attorney.

  • 11 Del. C. § 611
Sources for this section (4)
  1. 11 Del. C. § 601 — Offensive touching; unclassified misdemeanor; class A misdemeanor
  2. 11 Del. C. § 611 — Assault in the third degree; class A misdemeanor
  3. 11 Del. C. § 612 — Assault in the second degree; class C or D felony
  4. 11 Del. C. § 613 — Assault in the first degree; class B felony

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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