Delaware Self-Defense - Assault

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Multi-State
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US-00890
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Description

Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

How to fill out Self-Defense - Assault?

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FAQ

Title 11 - CRIMES AND CRIMINAL PROCEDURE.

§ 611. Assault in the third degree; class A misdemeanor. (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.

The definition of Assault 3rd Degree can be found in the Delaware Criminal Code at 11 Del. C. §611. The crime of Assault 3rd in Delaware involves punching someone or hitting someone and causing physical injury or substantial pain to the other person.

In the state of California, self-defense or defense of others is a valid legal justification for the use of force by a person who reasonably believes that he or another person is in imminent danger of being killed or suffering physical harm.

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals. Criminal trespass in the first degree is a class A misdemeanor.

The State of Delaware technically speaking does not have a "Castle Law." It does however have self-defense laws that require no ?duty of retreat? in very restricted circumstances.

(c) Hindering prosecution is a class A misdemeanor if the person commits any of the acts set forth in subsection (a) of this section with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person whom that person knows committed acts constituting a crime ...

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Delaware Self-Defense - Assault