Nope. Sorry. I don't want to make it easier for the state when it comes to criminal prosecution

[hack89]

237. Use of force in self defense is not an affirmative defense in Delaware - it is a justification

§ 461. Justification -- A defense.

In any prosecution for an offense, justification, as defined in §§ 462-471 of this title, is a defense.

11 Del. C. 1953, § 461; 58 Del. Laws, c. 497, § 1.;

§ 464. Justification -- Use of force in self-protection.

(a) The use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.

(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.

(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.

(d) The use of force is not justifiable under this section to resist an arrest which the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful.

(e) The use of deadly force is not justifiable under this section if:

(1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or

(2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that the defendant abstain from performing an act which the defendant is not legally obligated to perform except that:

a. The defendant is not obliged to retreat in or from the defendant's dwelling; and

b. The defendant is not obliged to retreat in or from the defendant's place of work, unless the defendant was the initial aggressor; and

c. A public officer justified in using force in the performance of the officer's duties, or a person justified in using force in assisting an officer or a person justified in using force in making an arrest or preventing an escape, need not desist from efforts to perform the duty or make the arrest or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.

http://delcode.delaware.gov/title11/c004/index.shtml

from a Delaware Trial Handbook

Under the criminal code, there are several defined circumstances where the use of force by an individual will be deemed justified and so constitute a defense to a criminal prosecution.70 For example, use of force is justified when it is required by law.71 Presumably, this is limited to the degree of force necessary to perform the act required by law. Further, individuals with special responsibilities for the care, discipline or safety of others, such as children and incompetent people, may use a limited amount of force to safeguard and promote the welfare of such persons.72

Justification is not an affirmative defense placing the burden of proof on the defendant. Instead, the defendant must only come forward with some credible evidence of the existence of facts making the act justifiable. If the defendant does so, he or she is entitled to have the matter considered by the jury on the basis that the burden is on the prosecution to prove absence of justification, and if the defendant’s evidence raises a reasonable doubt as to justification, the defendant is entitled to a judgment of acquittal.

Self-Defense. Perhaps the most common justification is self-defense. Use of force in self-defense is justified where the defendant honestly believes that force is immediately necessary for self-protection against the use of unlawful force by another person on the present occasion.77 The defendant must show that he or she believed that force was necessary and that his or her response was an immediate reaction to a present necessity.78 This is a subjective test.79 Since the time available for deliberation in these circumstances is generally limited, the defendant may estimate the need for employing force in self-defense under the circumstances as the defendant believed them to be at the time, without retreating, surrendering possession or doing any other act that the defendant has no legal duty to do or abstaining from any lawful action.80

The use of deadly force in self-defense is justifiable only if the defendant believed that such force was necessary for self-protection from death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.81 Deadly force is not justified, however, if the defendant was the initial aggressor and had the purpose of causing death or serious physical injury.82 Nor may a defendant use deadly force if the defendant can retreat to a place of complete safety.83 A defendant, however, is not obligated to retreat from his or her home or place of lodging, whether or not the defendant was the initial aggressor.84 A defendant is also not obligated to retreat from his or her place of work, unless the defendant was the initial aggressor.85

http://www.delawgroup.com/dth/?page_id=155