Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 611 (2026)

Assault in the third degree; class A misdemeanor

✓ current as of May 2026
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A person is guilty of assault in the third degree when:

(1) The person intentionally or recklessly causes physical injury to another person; or

(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor.

11 Del. C. 1953, §  611;  58 Del. Laws, c. 497, §  1;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 19 cases (12 in the last 5 years), 2007–2025 · leading case: Carter v. State, 933 A.2d 774 (Del. 2007).
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Carter v. State, 933 A.2d 774 (Del. 2007). “Accordingly, we reverse the trial judge’s determination finding Carter delinquent of second degree assault and remand with instructions for the trial judge to enter an adjudication of delinquency for the lesser included offense of assault in the third degree under 11 Del.”
Morse v. State, 120 A.3d 1 (Del. 2015). “3 11 Del. C. § 611. 4 11 Del. C. § 1102. 5 Melvin originally raised three claims, but abandoned his third claim in his reply brief.”
Kirk v. Phelps, 596 F. Supp. 2d 835 (D. Del. 2009). “§ § 613(a)(4)), and one count of the lesser included offense of Third Degree Assault (11 Del.Code Ann. § 611). The State sought the death penalty, but the Delaware Superior Court judge found that the existing mitigating circumstances outweighed the existing aggravating…”
State v. Crossman, Sr. (Del. Super. Ct. 2023). · cites it 2× “In his plea agreement with the State, he accepted the recommendation that the Court impose a sentence of one-year incarceration suspended immediately for one year of level three probation. The Court sentenced him consistent with that sentencing recommendation.”
Kellam v. State (Del. 2025). · cites it 2× “”); 11 Del. C. § 611 (“A person is guilty of assault in the third degree when: .”
David R. Dingess (Bankr. D. Del. 2025). · cites it 2× “Assault Third is codified at 11 Del. C. § 611; Disorderly Conduct is codified at 11 Del.”
Olsen v. Dingess (Bankr. D. Del. 2025). · cites it 2× “Assault Third is codified at 11 Del. C. § 611; Disorderly Conduct is codified at 11 Del.”
State v. Clanton (Del. Super. Ct. 2022). “19 16 11 Del. C. § 611. 17 11 Del. C. § 783. 18 11 Del.”
State v. Jones (Del. Super. Ct. 2022). “20 See generally 11 Del. C. § 611(1) (1995) (Assault Third) (physical injury); id.”
Clanton v. State (Del. 2022). “20 11 Del. C. § 611(1). 6 (12) At trial, Thomas testified that while Clanton was in her apartment, she repeatedly pled for her life.”
Clanton v. State (Del. 2022). “20 11 Del. C. § 611(1). 6 (12) At trial, Thomas testified that while Clanton was in her apartment, she repeatedly pled for her life.”
McGriff v. State (Del. 2023). “11 Del. C. § 611(1). 9 and the testimony of multiple police officers about how they found McGriff with Gardner and arrested him.”
Show all 19 citing cases →
— 11 Del. C. § 611(1) — 5 cases
Carter v. State, 933 A.2d 774 (Del. 2007). “Accordingly, we reverse the trial judge’s determination finding Carter delinquent of second degree assault and remand with instructions for the trial judge to enter an adjudication of delinquency for the lesser included offense of assault in the third degree under 11 Del.”
State v. Jones (Del. Super. Ct. 2022). “20 See generally 11 Del. C. § 611(1) (1995) (Assault Third) (physical injury); id.”
Clanton v. State (Del. 2022). “20 11 Del. C. § 611(1). 6 (12) At trial, Thomas testified that while Clanton was in her apartment, she repeatedly pled for her life.”
Clanton v. State (Del. 2022). “20 11 Del. C. § 611(1). 6 (12) At trial, Thomas testified that while Clanton was in her apartment, she repeatedly pled for her life.”
McGriff v. State (Del. 2023). “11 Del. C. § 611(1). 9 and the testimony of multiple police officers about how they found McGriff with Gardner and arrested him.”
— 11 Del. C. § 611(2) — 1 case
State v. Kellam (Del. Super. Ct. 2024).
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