Assault
11 Del. C. § 611 — offensive touching, then third degree as a class A misdemeanor, and felonies above that
| Offense | What it takes | Level |
|---|---|---|
| OffenseOffensive touching | What it takesIntentionally touching another, knowing it is likely to cause offense or alarm | LevelUnclassified misdemeanor; class A when striking with a bodily fluid, or the person touched is an officer or medical worker on duty |
| OffenseThird degree | What it takesIntentionally or recklessly causing physical injury | LevelClass A misdemeanor |
| OffenseSecond degree | What it takesSerious physical injury, injury by a deadly weapon or dangerous instrument, or injury to a person 62 years of age or older | LevelClass D felony |
| OffenseFirst degree | What it takesIntentionally causing serious physical injury with a deadly weapon, or serious permanent disfigurement | LevelClass B felony |
Not knowing the person was 62 or older, or believing the person younger, is no defense to the second degree offense.
Self defense is a justification the court weighs. A particular charge is a question for a licensed Delaware attorney.
Sources for this section (4)
- 11 Del. C. § 601 — Offensive touching; unclassified misdemeanor; class A misdemeanor
- 11 Del. C. § 611 — Assault in the third degree; class A misdemeanor
- 11 Del. C. § 612 — Assault in the second degree; class C or D felony
- 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.