Violent crime remains common throughout Maryland, although crime rates vary according to jurisdiction. Crimes such as murder, rape, robbery, and aggravated assault are grave concerns in many of the state’s higher population areas, including Baltimore.

Maryland’s violent crime rate is 5.3 incidents per 1,000 people, 34 percent higher than the national rate of 4.0 and the eighth-highest in the U.S. According to a recent Washington Post-University of Maryland poll, 30 percent of the voters in Maryland suburbs near D.C. think crime is the state’s biggest problem, up from seven percent in 2019.

Self-defense measures like stand-your-ground and duty-to-retreat laws guide people regarding what to do when they feel threatened. Maryland does not have a stand-your-ground law. Instead, the state follows a duty to retreat rule in public spaces, meaning that individuals must make an effort to safely retreat when faced with an imminent threat of harm before using deadly force in self-defense.

What is Maryland’s Duty to Retreat law?

Maryland’s duty to retreat law relates to self-defense situations in public places. Under this law, when a person is faced with an imminent threat of bodily harm or deadly force, they must retreat or avoid confrontation if they can do so safely before resorting to deadly force to defend themselves. Here are some important features of the law:

• Public spaces: Maryland’s duty to retreat law applies in public places. This means that if a person is threatened in a location open to the public, they are required to try to retreat if they can do so safely.
• No safe means of escape: The person can use deadly force only if there is no safe way to retreat. This means that if retreating safely is not possible, the person can use necessary force, including deadly force, to protect themselves.
• Imminent threat: The threat to the person must be immediate and real. For self-defense to be justified, they must reasonably believe that they are in imminent danger of serious bodily harm or death.

There are exceptions to Maryland’s duty to treat law. For example, the state follows the castle doctrine, meaning people are not obligated to retreat when they are in their own homes. If a person is attacked in their home, they are permitted to use force, including deadly force, to defend themselves against an intruder or attacker.

What is the castle doctrine?

The castle doctrine is a legal principle that allows individuals to use force (even deadly force) to defend themselves against an intruder or attacker in their own home (“castle”) with no legal duty to retreat. The reasoning behind the castle doctrine is that a person’s home is their sanctuary, and they have the right to protect themselves, their family, and their property from threats.

In Maryland, the castle doctrine means that if someone unlawfully enters a person’s home, the resident may use force to protect themselves or others without first attempting to escape.

However, while the castle doctrine provides legal protection for self-defense within an individual’s home, the force must still be reasonable and proportional to the perceived threat. Excessive or unnecessary use of force could still lead to legal ramifications.

To invoke the castle doctrine, the individual must reasonably believe that they are in immediate danger of bodily harm, serious injury, or death. In many states, the mere act of someone unlawfully entering a home is enough to justify the use of force. In many cases, the castle doctrine can shield homeowners from both criminal prosecution and civil lawsuits for injuries or deaths that occur as a result of defending themselves within their homes.

Why doesn’t Maryland have a stand-your-ground law?

Maryland’s self-defense laws prioritize 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 approach is consistent with the belief that public safety is better served when unnecessary violence is avoided, especially in public places.

Many believe that the state’s relatively high crime rates and dense population centers like Baltimore call for policies that emphasize conflict avoidance to prevent unnecessary violence. Allowing individuals to use deadly force without a duty to retreat in crowded, urban areas could potentially lead to more volatile and dangerous situations.

What should I do if I didn’t retreat and instead acted in self-defense?

If you acted in self-defense to protect yourself, the first thing you need to do is contact an attorney. Even if you were justified, you will need someone who can protect your rights and guide you through any investigations. Some other general information that might help includes:

• Document as much as you can about the events leading up to the confrontation, including time, date, place, names of those involved, and a description of what occurred.
• Take pictures of any injuries you sustained to serve as evidence that your safety was threatened and you were injured.
• Seek medical attention as soon as possible and retain copies of any medical records and billings related to the event.
• Avoid discussing the details of the situation with anyone except your attorney. This is not the time to post about the incident on social media, as your statements might be used against you in court.
• Again, obtain legal representation right away, and if you are arrested, cleary state “I want my lawyer,” and stop talking.

A criminal charge is a serious matter. A criminal conviction can harm your record, your chances of getting or keeping employment, and your future. Regardless of the charges you are facing, you have rights under Maryland law and the U.S. Constitution.

At Carey Law Office, we help clients tell their side of the story. We know that people make mistakes, and our criminal defense attorneys are ready to guide clients through the criminal justice system with practical advice and an aggressive defense. If you are facing criminal charges, we are ready to help. Call us or fill out our contact form to set up a consultation with an experienced criminal defense attorney today.