Maryland Self Defense Laws

Unlike most other states, Maryland does not have statutory self-defense laws. Maryland uses common law legal concepts and case law to define the amount of force appropriate to a situation. Because there is no statutory presumption for the use of force, there is no legal right to use force, even to defend yourself. You must prove it was necessary in court.

Maryland Self-Defense Laws

Maryland follows two common-law principles: a duty to retreat and the "castle doctrine." Case law and court rulings support these legal concepts.

Duty to retreat. Maryland has no affirmative law requiring you to retreat before using force. But under common law doctrine, if you are in public, you must retreat before using deadly force if:

• It's safe to do so
• You can retreat to a location of safety

In other words, you only must retreat if there is a safer place to go to. You're not required to avoid using force if doing so would put you at greater risk. Use of deadly force must be your last resort. It should be clear that you had no alternative but the use of force.

Castle doctrine. You do not have to retreat from your own home or property. If necessary, you may use reasonable force to defend property, including deadly force. When defending your home, you must believe there is an imminent threat. Someone in the street who looks threatening is not enough.

State v. Faulkner Principles

The guidelines for justifiable self-defense come from State v. Faulkner (483 A. 2d 759 1984). This case established the elements of an affirmative self-defense claim and the jury instructions for perfect and imperfect self-defense.

Justifiable self-defense requires the defendant to prove:

• They had reasonable grounds to believe they were in immediate danger of death or serious bodily harm from an attacker
• They had a reasonable belief there was such imminent danger
• They were not the aggressor and did not provoke the confrontation
• They did not use excessive force

In "imperfect self-defense," the defendant has an honest but objectively unreasonable belief that they face an imminent threat of force. For example, someone involved in a fight might believe that their opponent was reaching for a gun and use lethal force without seeing if they had a firearm or not. Imperfect self-defense does not completely exonerate a defendant like a self-defense verdict, but it reduces the charge to voluntary manslaughter.

Burden of Proof

Unlike a state like Florida, which has a presumptive "stand your ground" defense, Maryland law treats all use of force as a criminal charge. Defendants must prove they acted reasonably in defense of others or themselves according to the rules above.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Related Resources

To learn more about Maryland self-defense laws, visit the following pages:

• Self-Defense Overview
• Stand Your Ground Laws
• May I Shoot an Intruder?

Get Legal Advice from a Maryland Criminal Defense Attorney

Maryland's criminal laws depend on knowledge of common law and case law. If you're facing self-defense charges, you need legal representation who can explain the details of courtroom laws. Discuss your case with an experienced Maryland criminal defense attorney to protect your legal rights.