Maryland Self-Defense Laws Overview
The self-defense laws of Maryland are designed to protect individuals who are faced with a threat of either physical harm or sexual assault and must use physical force to defend themselves or another person. Under Maryland law, individuals may use reasonable non-deadly force to defend themselves, defined as that force which is reasonably necessary under the circumstances to protect themselves against an imminent threat of causing personal injury to them. Deadly force may only be used to prevent a threat of death or serious injury.
Maryland law states that the use of deadly or non-deadly force is permitted when an individual believes themselves or another person to be in imminent danger of harm. This belief must be both reasonable and honest. Further under Maryland law, individuals have a duty to retreat, if they can do so safely; until a physical threat has escalated to the point of deadly force . In that instance it no longer applies, they are allowed to stand their ground.
Individuals are also protected under Maryland law if the perceive a threat and choose to take action to prevent it. This does not mean the alleged threat has to have a real, concrete intent to cause harm to another person, the belief that the threat is present must only be reasonable, based on the circumstances surrounding the situation.
Actions taken in self-defense or in defense of another must be intentional and immediate to be protected under Maryland law. Moreover the use of deadly force is also limited to preventing only immediate threats of death or serious injury to themselves or to others.
Maryland law allows for the use of deadly and non-deadly force only within the following confines:
The Legal Definition of Self-Defense in Maryland
The legal definition of self-defense in Maryland is as follows: It is a crime to use deadly physical force against a person unless that person is using or is about to use imminent, unlawful force against the individual claiming self-defense. As with other laws regarding the use of force, there are exceptions to the general rule. People are not justified in using threats or physical force against another person if the other person is lawfully armed or provokes the use of force. Maryland law does not require a person to retreat before responding with physical force if that person is in a place he or she has the right to be and that person is not the initial aggressor and is not otherwise engaged in an unlawful activity.
Imminent threat means that a threatened attack is not immediate or impending, and generally refers to an act that is not made on the spur of the moment but rather is conceived of and planned to be executed in a time ahead. Force that is either in self-protection or intended to protect another person cannot be reckless. However, deadly force may be used only in self-protection or in the protection of another person if the actor reasonably believes it is necessary to prevent death, serious physical injury, or harm amounting to serious bodily injury.
What Is Maryland’s Stand Your Ground Law
As our seasoned Maryland criminal defense lawyers here at Alperstein & Diaz have mentioned previously, Maryland is not one of the states that allow those in imminent danger to "stand their ground" per se. However, this does not mean that you cannot protect yourself even when running away from your attacker may be a possibility if you do so in a specific manner.
Per Maryland law, if someone is threatening you with lethal bodily harm and you are able to run away from him or her without using force, you are required to do so. If the threat is significant however, you are legally within your rights to respond with lethal or otherwise significant force.
In such situations, you must not only be acting in self-defense, you also must take into account whether the force you are using is proportionate to the imminent threat being issued against you. For instance, if someone simply pushes you and you push back, responding with significant force would be illegal since the initial threat was not significant or lethal in nature. Essentially, if you are capable of avoiding physical conflict and are not truly threatened, you could face legal repercussions.
Meanwhile, Castle Law is still very much applicable in Maryland, meaning you can defend yourself in your own home even if you have the ability to run away from your unseen attackers. At your home, you can legally respond even with lethal force, thereby conferring a "stand your ground" effect to Castle Law.
Remember that if you are charged with any type of assault, you should first reach out to our skilled Maryland criminal defense team.
No Duty to Retreat to Protect Yourself In Maryland
In Maryland, the courts are not purely objective when evaluating the legal right of an accused to use force in self-defense. The most important consideration in many cases arising from violent confrontations is whether the accused had a reasonable opportunity to avoid using force or to minimize the threat to his well-being.
In some U.S. jurisdictions, an accused becomes immune from criminal liability for using deadly force against his attackers if he had either a "duty to retreat" or "no duty to retreat." In a typical no-duty-to-retreat jurisdiction, a defender confronted by a deadly threat has the right to use deadly physical force without first attempting to retreat from the scene of the attack. The legislation underpinning the so-called "stand your ground" concept extends to the use of technically prohibited deadly force in the event of a felonious assault or unlawful entry into the defender’s residence or workplace. A duty-to-retreat or "implicit retreat" rule, by contrast, allows a person to use technically prohibited deadly physical force against an aggressor only after he has attempted to retreat from active hostilities and has failed to avert the confrontation.
No-existing Maryland law requires a person to leave his home or place of work to avoid physically confronting a felonious intruder. The legal duty to minimize the circumstances leading to a confrontation does not exist for the occupant who reasonably believes he would be physically harmed by the aggressive attack of an intruder.
Castle Doctrine Explained In Maryland
The Castle Doctrine applies to your home and, in some situations, your workplace. This means that you would be excused from the duty to retreat before using physical force against an intruder who has entered your home or workplace. However, you could not rely on the Castle Doctrine unless you have a right to occupy your home or workplace.
Maryland courts have interpreted the Castle Doctrine to apply to those who own or rent the home and use it as their primary residence . Buyers who have taken all legal steps to secure the deed qualify as owners. A guest (including a housemate) can also claim the doctrine if given permission to enter. Permission can be literal, but also can be inferred from the surrounding circumstances.
Since the question of whether or not you were justified in your use of physical force can only be determined by your circumstances, you should consider speaking with an attorney about them before the police arrive.
Penalties for Illegally Claiming Self-Defense
For An Unlawful Claim of Self Defense, The Consequences Are Severe
The court has an obligation to review the facts of the case and determine whether or not if the force used was reasonable. Obviously, as with all criminal matters, the State must prove that the defendant did not act in self-defense beyond a reasonable doubt. The court’s review can occur at multiple stages. In non-jury trials, before the court renders a verdict, it must analyze the evidence and determine whether its reasonable doubt burden has been satisfied. During jury trials, self-defense is part of the jury instructions to the jury and "the jury is presumed to have considered the evidence in accordance with the court’s instructions." Generally, if a court determines that the degree of force used was unreasonable, (even if there is a finding of not guilty) this can form the basis for a civil lawsuit against the defendant. If the self-defense force used was disproportionate to the force that the defendant claims was used against him… for example, a slap to the face resulting in the other person’s death… the case could even be considered for First Degree Murder. Additionally, a claim that self-defense was used when none was may be considered perjury. At the least, the defendant would be charged with a false statement offense. In any case, regardless of criminal liability, there will be significant civil consequences if the force used was not found to be reasonable.
Get Legal Help with a Self-Defense Case
It’s essential to seek legal assistance if you’re involved in a self-defense case in Maryland. Fortunately, there are many options when it comes to lawyers who can help you with these cases, all of whom can get you through the treacherous waters of the law. A criminal defense attorney is a lawyer who specializes in criminal cases and can provide you with the information you need to navigate the process. There are also lawyers who specifically handle cases involving injuries sustained from gunshots, stabbings and other physical altercations . Personal injury attorneys often have the knowledge to take on cases like these, so it can be helpful to reach out to one of these professionals if other lawyers in your area are unavailable or unwilling to take on your case. Regardless of the type of lawyer you choose to work with for your case, the primary goal is to gain enough understanding of the legal limits placed on acts of self-defense to make the best possible decision for yourself and your family.