Delaware does not have a “Stand Your Ground” law as some other states do. Instead, Delaware law imposes a duty to retreat before resorting to the use of deadly force in public situations, if it is possible to do so safely. According to 11 Delaware Code Section 464, the use of deadly force in self-defense is justifiable only when a person reasonably believes it to be immediately necessary to prevent serious bodily harm or death. However, the law explicitly states that if an individual can avoid using deadly force by retreating safely, they must do so.
The exception to this duty to retreat applies when the person is in their own home or workplace. In these locations, Delaware follows the “Castle Doctrine,” meaning a person has no duty to retreat and is allowed to stand their ground and use force, including deadly force, to defend themselves if they are not the initial aggressor.
This legal framework in Delaware contrasts with states that have a statutory “Stand Your Ground” law, which permits individuals to use deadly force without a duty to retreat in any place where they have a legal right to be. In Delaware, outside of the home or workplace, the law requires individuals to try and avoid deadly force by retreating safely if possible.
Overall, Delaware maintains a more conservative approach to self-defense laws, emphasizing the duty to retreat when feasible, except within the protections offered by the Castle Doctrine in the home and workplace. This means residents and visitors must be aware that their right to use deadly force in public is limited by the obligation to retreat when safe to do so, aligning Delaware with a minority of states following a duty to retreat standard rather than adopting stand your ground statutes.
Sources
(https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/)
(https://en.wikipedia.org/wiki/Stand-your-ground_law)
(https://giffords.org/lawcenter/state-laws/stand-your-ground-in-delaware/)
(https://everytownresearch.org/rankings/law/no-shoot-first-law/)
(https://delcode.delaware.gov/title11/c005/sc07/)
