Delaware's Laws on Assault and Offensive Touching

A person facing assault charges in Delaware can face time behind bars. Learn how Delaware law defines and punishes assault and related crimes, including offensive touching.

What Is Considered Assault in Delaware?

In Delaware, a person commits the crime of assault by causing physical harm to another person. The law divides assault crimes into three degrees. Related crimes include offensive touching and menacing.

Penalties for assault depend primarily on the level or risk of harm to the victim and whether a deadly weapon was involved. Below are some definitions to aid in distinguishing the different assault charges in Delaware.

Physical injury is defined as impairment of a physical condition or substantial pain. Cuts, bruises, swelling, bite marks, and scratches are usually considered bodily injuries.

Serious physical injuries are those that create a substantial risk of death or cause serious and prolonged disfigurement or injuries to a body part or organ. The harm caused by a gunshot or stab wound is typically a serious physical injury. Loss of teeth after being kicked and punched in the face was considered a serious physical injury. Other examples include injuries to internal organs, broken bones, or severe burns.

Deadly weapons include firearms, switchblade knives, clubs, metal knuckles, ice picks, or any items or substances that can be used to cause death or serious physical injury (such as a crowbar, caustic cleaner, or wood plank).

(Del. Code tit. 11, §§ 222, 231 (2024).)

What Are the Penalties for Assault in Delaware?

Delaware has three degrees of assault crimes, with first-degree being the most serious and third-degree the least serious.

Third-Degree Assault Penalties in Delaware

A person commits third-degree assault by intentionally or recklessly injuring another. It's also third-degree assault to negligently injure another person with a deadly weapon or dangerous instrument.

Examples of third-degree assault include punching, kicking, or slapping someone and causing them pain, bruises, or scratches. It could also include negligently swinging a bat near someone to cause a scare but hitting them instead.

Third-degree assault carries class A misdemeanor penalties of up to one year of incarceration and a $2,300 fine.

(Del. Code tit. 11, §§ 611, 4206 (2024).)

Second-Degree Assault Penalties in Delaware

A person commits second-degree assault by intentionally or recklessly causing:

• serious physical injuries to another
• physical injuries to someone with a deadly weapon, or
• physical injuries to a person in a protected class.

Examples of individuals in protected classes include first responders, healthcare workers, and state employees who are engaged in their professional duties. It also includes elderly persons age 62 or older, pregnant women, and a child younger than 6 (when the perpetrator is an adult).

Assault in the second degree carries class D felony penalties, punishable by up to 8 years in prison. Using a Taser or stun gun against a police officer, security officer, or first responder, however, is a class C felony with possible prison sentences of up to 15 years.

(Del. Code tit. 11, §§ 612, 4205 (2024).)

First-Degree Assault Penalties in Delaware

Charges for assault in the first degree generally involve intentional or reckless conduct that causes serious physical injuries to the victim, when the defendant:

• used a deadly weapon
• engaged in conduct that created a substantial risk of death
• targeted a first responder, healthcare worker, or elderly victim
• caused the harm while committing or fleeing from a crime, or
• caused harm that resulted in disfigurement or permanent loss of a body part or organ.

A person convicted of assault in the first degree faces penalties for a class B felony and 2 to 25 years in prison.

(Del. Code tit. 11, §§ 613, 4205 (2024).)

What Is Offensive Touching and Menacing in Delaware?

Offensive touching involves unlawful contact with another person, while menacing refers to placing another in fear of physical harm.

Offensive Touching Penalties in Delaware

A person who intentionally shoves, pushes, or grabs someone could face offensive touching charges in Delaware. No physical injuries are needed to prove these charges. But the person does need to act purposely—knowing their conduct will alarm or offend the victim. Accidentally bumping into someone in a crowded bar, for example, wouldn't be a crime. Intentionally shoving the person back though could be.

Offensive touching is an unclassified misdemeanor, and a conviction means up to 30 days of incarceration, plus a maximum $575 fine. When the defendant commits this crime against a first responder, healthcare worker, or correctional officer, the penalty increases to a class A misdemeanor.

It's also considered offensive touching to spit, ejaculate, or otherwise cause bodily fluids, saliva, or feces to come into contact with another person without consent. A conviction for these acts carries class A misdemeanor penalties of up to a year behind bars and a $2,300 fine.

(Del. Code tit. 11, §§ 601, 4206 (2024).)

Menacing Penalties in Delaware

A person commits menacing by intentionally placing a victim in fear of imminent physical harm. For example, angrily shaking a clenched fist and moving toward someone would be menacing. Chasing after someone and threatening to pummel them once they catch them would also be menacing. If the defendant displays a deadly weapon (like a gun or knife), the crime becomes aggravated menacing.

Menacing is an unclassified misdemeanor, punishable by 30 days of jail time and a $575 fine. The penalty increases to a class E felony for aggravated menacing. This felony level carries a maximum 5-year prison sentence.

(Del. Code tit. 11, §§ 602, 4205 (2024).)

Talk to a Lawyer

If you face charges or an investigation for assault or offensive touching in Delaware, contact a criminal defense attorney. A lawyer can help you understand what's at stake, protect your rights, and vigorously defend your case.