Self-defense gives people the right to use reasonable force to defend themselves. This allows you to protect yourself, others, and your property from harm. However, self-defense laws have certain restrictions.
Understanding how and when to legally claim self-defense is essential, especially when facing criminal charges. This article will explore Maryland’s rules on self-defense to help you understand your rights.
Self-Defense in Maryland
Maryland acknowledges the right to self-defense, allowing individuals to use deadly force under certain circumstances. The state’s self-defense laws are based on statutory and case law, providing a comprehensive guide to when and how to use force.
- Imminent Danger — Imminent danger means there was an immediate threat of violence when you defended yourself. That means the perceived threat must be immediate and pressing, not vague or a distant possibility.
- Belief That Threat Exists — You must prove the other person attacked or abused you or that you believed that they would.
- Reasonable Force — The force used to defend yourself must be proportionate to the level of the threat.
- Aggressor Status — If you initiated the conflict, you cannot claim self-defense. And if you did, you must show you didn’t escalate the situation to a level that required using deadly force.
Maryland courts evaluate self-defense claims using both subjective and objective standards. Both standards must be met for a self-defense claim.
- The subjective standard considers the individual’s perception of the threat.
- The objective standard examines whether a reasonable person in the same situation would have perceived the threat similarly.
Duty to Retreat
Maryland follows the “duty to retreat” doctrine in most situations. This means that if it is possible to safely avoid confrontation by retreating, an individual must retreat before resorting to force. The duty to retreat applies when the individual is outside their home or business.
Castle Doctrine Exception
The “Castle Doctrine” is a significant exception to the duty to retreat. Under it, individuals are not required to retreat in their own homes. They may use force, including deadly force, to protect themselves and others in their residence. This principle is based on the idea that one’s home is one’s sanctuary, and one has the right to defend it from intruders.
You should, of course, call the police and try to de-escalate the issue. However, you have a right to protect yourself and your family. The only restriction for this is that the force you use must be proportionate to the threat in question.
Defense of Others
Maryland recognizes the right to defend others. You can use force to protect someone else if you reasonably believe the person you are defending is in immediate danger. The same principles of imminent danger, the belief that a threat exists, using reasonable force, and, if applicable, the duty to retreat apply to defending others.
Defense of Property
Using force to defend property is more restricted than using force to defend people. In Maryland, non-deadly force can protect property if the person reasonably believes it’s necessary to prevent theft, damage, or unlawful entry. However, generally, deadly force is not justified solely for the protection of property unless their safety is threatened.
Legal Consequences
The individual may still face legal scrutiny even when force is used, per Maryland’s self-defense laws. Law enforcement officers and prosecutors will investigate the circumstances to determine whether using force was justified. If charges are brought, the individual can assert self-defense as an affirmative defense in court.
Civil Liability
In addition to criminal charges, individuals who use force in self-defense may face civil lawsuits from the person injured or their family. Maryland law provides some protection from civil liability for individuals who justifiably used force in self-defense. However, these protections are not absolute.
Still, Have Questions? Jeremy Widder Law Can Help
Maryland’s self-defense laws provide a framework for protecting oneself and others from harm. Understanding the principles and the exceptions to these rules is essential for making informed decisions in high-stress situations.
While self-defense is a fundamental right, it comes with responsibilities and potential legal consequences. By familiarizing yourself with the law, you can better navigate the complexities of self-defense in Maryland.
Jeremy Widder Law has represented hundreds of clients facing criminal offenses. We will listen to your story, help you understand your options, and work towards the best outcome for your cases. When you partner with our team, you can expect empathy, transparency, authenticity, creative problem-solving, and technical knowledge to walk you through the legal process.
Don’t face these charges alone. Contact us today for a consultation.
