Self Defense
11 Del. C. § 464 — force to meet unlawful force, no retreat at home, and a defense against an intruder
Force toward another person is justifiable when the defendant reasonably believes it is immediately necessary to protect against that person's unlawful force on the present occasion. Deadly force is justifiable against death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat.
Retreat, and where it is not owed. Deadly force is not justifiable where the defendant knows it can be avoided with complete safety by retreating. There is no duty to retreat in or from one's own dwelling, or from one's place of work unless the defendant was the initial aggressor.
Force is not justifiable to resist an arrest the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful. Deadly force is not justifiable after provoking the encounter in order to cause death or serious physical injury.
An occupant charged with killing or injuring an intruder unlawfully in the occupant's own dwelling has a defense where the encounter was sudden and unexpected, where the occupant reasonably believed the intruder would injure someone there, or where the occupant demanded that the intruder disarm or surrender and the intruder refused.
Whether force was justified turns on facts a court weighs. A particular encounter is a question for a licensed Delaware attorney.
Sources for this section (2)
- 11 Del. C. § 464 — Justification; Use of force in self-protection
- 11 Del. C. § 469 — Justification; Person unlawfully in dwelling
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.