States have surprisingly different laws regarding when and how one can resort to self-defense, that is considered justified. Below, you will find the requirements that justifiable self-defense that results in a homicide must meet in Maryland, and a summary of important common law principles that the state follows.
To prove that a homicide resulted of an act that was undertaken in justifiable self-defense, the claim must establish that there was:
1. A reasonable belief of imminent or immediate danger of death or serious bodily harm: The person who committed the act of homicide must have had a reasonable belief that they could have been seriously injured or killed if they had not acted to defend themselves.
2. Absence of Provocation or Aggression: The person who committed the homicide must show that they did not provoke the other to act aggressively towards them. To claim justifiable self-defense, nothing must have been done to cause or to provoke the attack.
3. Reasonable Use of Force: No more force had been used than what the situation demanded. In essence, the person who committed the homicide cannot have used more force than the force used against them.
In addition to the above points, that must be proven to effectively claim that a homicide was committed in justifiable self-defense, it is important to understand two important common law principles that Maryland adheres to:
Duty to Retreat: This principle does not allow an individual to use deadly force as a means of self-defense if it is possible to safely leave the situation. In other words, when facing a threat in the state of Maryland, you should always make every attempt to retreat safely, rather than confront it. Your priority should not be to fight back, but rather to escape. This is a general rule, however, there is some flexibility regarding this principle when someone is threatened within their own home.
The Castle Doctrine: This doctrine follows the principle that when a person is within their own home, they do not need to retreat from a threat. Instead, they may stand their ground in hopes to deter the intruder. The “stand your ground” law allows for a person to use deadly force in self-defense in their own home, even if they could safely avoid it by leaving the situation.
However, to claim that a homicide was committed under the Castle Doctrine you must prove that:
1. There was forceful and unlawful entry into your home,
2. You were not the original aggressor,
3. You were not engaged in criminal activity; and
4. You had a legal right to be where you were.
What Should I Do if I Acted in Self-Defense?
If you find yourself in a situation in which you acted in self-defense to protect yourself, it is extremely important to document as much as you can about how the events that led up to that action unfolded. If you sustained any injuries, take pictures of them. These will be used as evidence that you were injured and faced a threat to your safety.
It is critically important to remain quiet about the details of the situation, except for discussing it with your attorney. Some people tend to go immediately to social media to brag or simply share the things that occur in their lives. This is not the time to do so. Avoid mentioning any fight or events that led to a self-defense action on any form of social media or internet posting, as your statements can be used against you in court.
You have the right to defend yourself and if you are charged with manslaughter, it is important to obtain excellent legal representation to ensure that your side of the story is fairly explained. Contact the experienced attorneys of our office if you are facing a criminal charge for an action you committed in self-defense
If you find yourself in a situation in which you acted in self-defense to protect yourself, it is extremely important to document as much as you can about how the events that led up to that action unfolded. If you sustained any injuries, take pictures of them. These will be used as evidence that you were injured and faced a threat to your safety.
It is critically important to remain quiet about the details of the situation, except for discussing it with your attorney. Some people tend to go immediately to social media to brag or simply share the things that occur in their lives. This is not the time to do so. Avoid mentioning any fight or events that led to a self-defense action on any form of social media or internet posting, as your statements can be used against you in court.
You have the right to defend yourself and if you are charged with manslaughter, it is important to obtain excellent legal representation to ensure that your side of the story is fairly explained. Contact the experienced attorneys of our office if you are facing a criminal charge for an action you committed in self-defense!
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