Delaware Self-Defense

State:
Multi-State
Control #:
US-00891
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury on the concept of self defense in an assault situation. Care must be taken that the language of the instruction complies with the law in your state and not subject to reversal on appeal.

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FAQ

There are no statutory exceptions or exemptions for household or family members on any grounds, whether self-defense, safety instructions, maintenance, or merely moving the gun about the house. This means, under New Jersey law, the concept of a family house gun is inherently unlawful.

New Jersey law allows you to protect yourself or others outside of your home: Protecting yourself (NJ Rev Stat § 2C:3-4 (2013)). Use of force is justifiable when an individual reasonably believes it is necessary to protect himself or herself against an attack perpetrated by someone else.

Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity ...

As the terms imply, this NJ criminal defense applies to those very limited instances where conduct, which would otherwise be criminal in nature, is excused because it was necessary or justified. For obvious reasons, the defense only applies when a narrow set of requirements have been met.

Maryland does not have a stand your ground law. The state's case law imposes a duty to retreat before resorting to deadly force outside the home.

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.

Any person has the right to defend himself or herself from harm. Under New Jersey law, a person who has harmed another when acting in self-defense may avoid punishment or jail time that might otherwise be applied.

As a legal concept, "self-defense" is what we call a "legal justification," or "affirmative defense." It means that you did commit the act at issue, but that you had a certain basis or reason to act in such a manner, such that you cannot be found criminally or civilly liable.

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Delaware Self-Defense