Maryland's Self-Defense

Today, we're diving into the self-defense laws of Maryland. Whether you're a resident or just visiting the Old Line State, it's crucial to understand your legal rights and responsibilities when it comes to defending yourself, others, and your property. Maryland's self-defense laws are primarily rooted in common law principles, so let's break them down in clear, practical terms.​

1. Legal Framework: Common Law Principles

Unlike many states, Maryland does not have statutory self-defense laws. Instead, the state relies on common law principles and case law to define the appropriate use of force in self-defense situations. This means that legal interpretations are based on judicial decisions rather than specific statutes. For a comprehensive overview, you can refer to Maryland's self-defense laws as discussed on FindLaw.​

2. Use of Non-Deadly Force in Self-Defense

Under Maryland common law, you are justified in using non-deadly force when:​

  1. ​Actual Belief of Imminent Danger: You genuinely believe that you are in immediate danger of bodily harm.​

  2. ​Reasonableness of Belief: Your belief is one that a reasonable person would hold under the same circumstances.​

  3. ​Proportionality: You use no more force than is reasonably necessary to defend yourself against the perceived threat.​

It's important to note that if you are the initial aggressor or provoke the confrontation, you may lose the right to claim self-defense unless you clearly withdraw from the encounter and communicate this withdrawal, but the other person continues to engage.​

3. Use of Deadly Force in Self-Defense

The use of deadly force is a serious matter and is justified in Maryland only when:​

  1. ​Immediate and Imminent Danger: You actually believe that you are in immediate danger of death or serious bodily harm.​The Law Offices of Nicholas A. Parr

  2. ​Reasonable Belief: A reasonable person in your situation would have the same belief.​

  3. ​Necessity: You use no more force than is reasonably necessary to eliminate the threat.​ Findlaw

Before resorting to deadly force, Maryland law requires that you make all reasonable efforts to retreat or avoid danger if it can be done safely. This is known as the Duty to Retreat. However, there are exceptions to this duty, which we'll discuss next. For more details, see the explanation on Giffords Law Center.​

4. Duty to Retreat and the Castle Doctrine

Maryland imposes a Duty to Retreat before using deadly force outside of your home. This means that if you can safely avoid danger by retreating, you are legally obligated to do so before resorting to deadly force. However, the Castle Doctrine provides an exception to this duty within your own home. If you are attacked in your dwelling, you are not required to retreat and may use reasonable force, including deadly force if necessary, to defend yourself. This principle is based on the notion that your home is your sanctuary, and you have the right to protect it. For a deeper understanding, refer to the Wikipedia article on the Right of self-defense in Maryland.

5. Defense of Others

Maryland law permits the use of force to defend others under similar conditions that apply to self-defense. If you reasonably believe that another person is in immediate danger of bodily harm, you may use a degree of force that you reasonably believe is necessary to protect them. The key factors include:​

  1. ​Actual and Reasonable Belief: You believe that the person you are defending is in immediate danger, and this belief is reasonable.​

  2. ​Proportionality: You use no more force than is necessary to defend the other person.​

  3. ​Intent: Your purpose in using force is to aid the person being defended. The Law Offices of Nicholas A. Parr

6. Defense of Property

When it comes to defending property, Maryland law distinguishes between non-deadly and deadly force:​

  • ​Non-Deadly Force: You may use non-deadly force if you actually and reasonably believe that someone is unlawfully interfering with your property, and you use no more force than necessary to stop the interference.​

  • ​Deadly Force: The use of deadly force solely to protect property is not justified. Deadly force may only be used if you reasonably believe it is necessary to prevent a forcible felony that poses a threat of serious bodily harm or death.​ Law Offices of Thomas C. Mooney

7. Civil Immunity for Self-Defense Actions

Maryland provides certain civil immunities for individuals who use force, including deadly force, in defense of their home or business. According to Maryland Code, Courts and Judicial Proceedings § 5-808, you are not liable for damages for personal injury or death of an individual who enters your dwelling or place of business unlawfully, provided that:​

  1. ​Unlawful Entry: The individual entered or attempted to enter your dwelling or business unlawfully.​

  2. ​Reasonable Belief: You reasonably believed that the force used was necessary to repel an attack by the individual.​

This statute aims to protect individuals from civil lawsuits when they have lawfully defended themselves in a self-defense situation. However, it's important to note that this does not grant blanket immunity, and the reasonableness of your actions will still be subject to legal scrutiny.

For more details, refer to Maryland Code, Courts and Judicial Proceedings § 5-808.

8. Firearms and Self-Defense in Maryland

Maryland has strict firearms laws that affect self-defense situations. Here are some key points to keep in mind:

  • Permit Requirements: Maryland is a “may-issue” state for concealed carry permits. You must obtain a Wear and Carry Permit from the Maryland State Police to legally carry a firearm outside your home. See Maryland Public Safety Code § 5-306.

  • Use of a Firearm in Self-Defense: If you use a firearm in self-defense, you must still meet the legal requirements for the use of force. If your use of force is deemed unlawful, you could face criminal charges, including unlawful possession or discharge of a firearm.

  • Castle Doctrine and Firearms: As discussed earlier, you have no duty to retreat in your home, but the use of deadly force must still be reasonable and necessary to prevent imminent harm.

Maryland’s gun laws are among the strictest in the country, so if you own or carry a firearm, make sure you’re fully aware of state laws regarding possession, transportation, and use. For more information, visit the Maryland State Police Licensing Division.

9. What to Do After a Self-Defense Incident

If you ever find yourself in a situation where you had to use force in self-defense, here are some critical steps to take:

  1. Call 911 Immediately: Report the incident and request emergency assistance. Avoid giving too much detail over the phone—simply state that you were attacked and needed to defend yourself.

  2. Seek Medical Attention: Even if you feel fine, adrenaline can mask injuries. Get checked by medical professionals.

  3. Exercise Your Right to Remain Silent: Do not provide a detailed statement to the police without first consulting an attorney. You can say, “I want to cooperate fully, but I’d like to speak with my lawyer first.”

  4. Hire a Criminal Defense Attorney: If you are involved in a self-defense case, having an experienced attorney who understands Maryland's laws is crucial.

For more information on how self-defense cases are handled in Maryland, check out the Maryland Office of the Public Defender.

Final Thoughts: Stay Educated and Be Prepared

Maryland’s self-defense laws can be complex, and understanding them fully is crucial for anyone who wants to be prepared. The key takeaways:

  • Maryland follows common law principles for self-defense.

  • There is a duty to retreat before using deadly force, except inside your home.

  • The Castle Doctrine allows you to defend yourself in your own home without retreating.

  • You may use non-deadly force to protect yourself, others, and property.

  • Deadly force is only justified when necessary to prevent imminent death or serious bodily harm.

  • Maryland has strict firearm laws that impact self-defense situations.

Being legally armed with knowledge is just as important as being physically prepared to defend yourself. Stay informed, train regularly, and always make sure your actions fall within the bounds of the law.

Stay safe,
Chris ‘Mac’ MacAuley
Princeps Consulting Group