Maryland does not have a Stand Your Ground law. Instead, Maryland follows the Duty to Retreat law. Under this law, a person who is being attacked cannot use deadly force or self-defense if it’s possible to safely leave the situation. Maryland’s self-defense laws are based on common law principles developed over time through judge rulings, rather than being explicitly stated in law books. This is in contrast to Stand Your Ground laws, which allow victims to use deadly force in life-threatening situations without retreating first.
The Duty to Retreat law in Maryland applies specifically to situations that occur away from one’s home. If threatened in a public place, an individual is required to attempt to retreat safely before using force for self-defense. The use of force in self-defense can only be justified if retreating was not a viable option.
There are, however, some important exceptions and nuances to Maryland’s self-defense laws:
- Castle Doctrine:
Maryland follows the Castle Doctrine, which states that a person does not have a duty to retreat when faced with an attack in their own home. This doctrine extends to the area immediately surrounding the house (known as the “curtilage”) and, in some cases, to one’s place of business. In these locations, individuals may “stand their ground” and use force, including deadly force if necessary, to repel an attacker. - Reasonable Force:
Even when self-defense is justified, the amount of force used must be proportional to the threat faced. This is referred to as “reasonable force.” Using excessive or unnecessary force can still lead to legal consequences, even if the initial act of self-defense was justified. - Imminent Threat:
To justify the use of force in self-defense, there must be a credible belief of an imminent threat of bodily harm. Force cannot be used against a threat that has already passed. - Burden of Proof:
When a defendant claims self-defense under the Castle Doctrine, the prosecution bears the burden of proving that the defendant’s actions were not justified. This typically involves demonstrating that the defendant used excessive force or that the incident occurred outside the protected areas covered by the Castle Doctrine.
Maryland’s approach to self-defense laws prioritizes de-escalation of violence whenever possible. The Duty to Retreat law encourages people to avoid confrontation if they can do so safely, rather than immediately resorting to deadly force. This policy is believed to be particularly important in densely populated urban areas, where allowing individuals to use deadly force without a duty to retreat could potentially lead to more dangerous situations.
It’s crucial for Maryland residents to understand these laws and their implications. If faced with a situation where self-defense might be necessary, individuals should prioritize safety and attempt to retreat when possible, except when in their own homes. In any case involving self-defense, it’s advisable to consult with a qualified attorney who can provide guidance based on the specific circumstances of the incident.
Sources
- https://www.traublaw.com/understanding-marylands-duty-to-retreat-law/
- https://naparrlaw.com/blog/can-i-be-arrested-for-self-defense-in-maryland/
- https://www.mooneyesq.com/blog/2024/01/do-you-understand-marylands-self-defense-laws/
- https://www.maronicklaw.com/blog/does-maryland-have-a-stand-your-ground-law/
