Understanding Maryland’s “Duty to Retreat” Law

Crime statistics for the state of Maryland are rather grim. More than 168,000 violent crimes took place in Maryland in 2016. Offenses like murder, rape, robbery, aggravated assault, breaking and entering, larceny, and motor vehicle theft affected thousands of victims. These are all crimes in which a victim could protect him or herself through self-defense, but in Maryland, victims have a duty to retreat before they use force against an assailant.

At The Law Office of Hillel Traub, we specialize in providing experienced legal representation for a wide range of traffic violations, including but not limited to serious speeding tickets, CDL violations, DUI/DWI, and other motor vehicle offenses. Our focus is on securing the best possible outcomes for our clients, as demonstrated by our track record of dismissals and reduced charges.

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WHAT IS A DUTY TO RETREAT?

Each state has laws dictating when and how victims of violent crime may resort to self-defense. Some states have the Stand Your Ground and the Castle Doctrine laws. Additionally, Maryland has the Duty to Retreat law. A duty to retreat means that whoever is being attacked can’t use deadly force or self-defense if it’s possible to leave the situation safely.

This is completely different from Stand Your Ground, in which the law permits a victim to use deadly force in life-threatening situations. Stand Your Ground laws allow people to wield more force than those prioritizing retreat.

When Does Duty to Retreat Apply?

Maryland’s Duty to Retreat law requires people who are not in their homes to retreat or avoid danger before using deadly force to defend themselves.

A person who does use force on an attacker whom they believed would cause them serious harm would need to prove in court that their life was in real danger.

WHAT ARE SOME PROBLEMS WITH THE DUTY TO RETREAT LAW?

Stand Your Ground has been proposed in Maryland as a way to protect victims. Some proponents believe that the current Duty to Retreat law creates obstacles for victims who want to fight back to avoid serious bodily harm or death, as there is less use of self-defense and deadly force.

Duty to Retreat vs. Stand Your Ground in Public Spaces

A Stand Your Ground law in Maryland would allow a person to match force with force in a public life-threatening situation, so long as that person is legally allowed to be in that public space. There would not be a requirement for the would-be victim to find an escape. It’s questionable whether a victim would be able to use reasonable force as a form of self-defense in this scenario.

With Stand Your Ground, even if a person could move away from the area and avoid the confrontation, he or she would not have the legal obligation to do so. This leads to the question of why some people oppose these self-defense laws and why the debate continues in Maryland.

WHY DO SOME PEOPLE OPPOSE STAND YOUR GROUND?

Stand Your Ground and similar Castle Doctrine laws challenge traditional self-defense rules in a way that may place others in danger, as there may be increased use of deadly force in the name of self-defense.

Opponents of Stand Your Ground believe it allows people to use deadly force against others over perceived threats, even in situations where they’re free to walk away from the danger and de-escalate the situation. This law may also:

Encourage Violence

The Stand Your Ground and Castle Doctrine laws may encourage violence and excessive force in situations that are avoidable and may not deter crime. There are many incidents in which lives have been lost over Stand Your Ground.

Some have made national headlines. The most famous incident was the death of 17-year-old Trayvon Martin by gunman George Zimmerman that took place in Sanford, Florida. In this case, George Zimmerman followed the teen in his car. Zimmerman, who was a member of the neighborhood watch in his gated community, shot Martin, who was visiting some relatives and was unarmed at the time, during a physical altercation. Zimmerman claimed self-defense under Florida’s Stand Your Ground law and was acquitted at trial.

Another lesser-known death occurred in Phoenix, Arizona. Two men got into an altercation in a Taco Bell parking lot. One man was driving when the other walked in front of the vehicle while walking his dog.

The driver was upset that the pedestrian caused him to slam on his brakes. After yelling obscenities at the driver, the pedestrian moved to the driver’s side door. The driver believed the man had a bat and shot him. The pedestrian, who was mentally disabled, died in the street holding his dog’s leash.

Increase Death or Serious Bodily Harm

Under traditional self-defense rules, a person can use force to defend themselves anywhere they feel threatened. However, when they’re outside their home, they can’t use force that’s likely to kill or seriously injure someone if there’s a way to avoid such use of force.

With Stand Your Ground, the statute grants a person who uses deadly force the presumption that they acted reasonably unless there’s evidence to the contrary.

So, if a person dies as a result of someone using lethal force in self-defense and there are no witnesses, it may be easier to avoid penalties for ending a life.

How Can an Attorney Support You With Your Duty to Retreat-Related Case?

If you have received any charges related to Maryland’s self-defense laws, you can benefit from working with a qualified criminal defense attorney. The Law Office of Hillel Traub can support you in numerous ways when you retain our invaluable support, including:

Conducting an independent investigation
Negotiating with every party
Preparing your case for court
Collecting evidence
Consulting with experts
Assuring that all documents are filed correctly and in a timely manner
Communicating with the other parties on your behalf
Organizing and presenting the evidence
Accessing research methods and tools only available to legal professionals
Reducing stress related to your legal circumstances
Interviewing witnesses
Evaluating potential sentences
Reviewing search and seizure procedures

We urge you to connect with us for support during your legal matters, as self representation can be difficult alone. When you work with us, we can fight on your behalf, gather evidence, understand your distinct needs, and establish robust arguments in your favor.

CONTACT THE LAW OFFICE OF HILLEL TRAUB FOR SUPPORT TODAY

Navigating Maryland’s “Duty to Retreat” Law can be intricate and understanding your rights is essential for your protection. The Law Office of Hillel Traub is here to offer guidance and legal support in matters where this law affects you. Our firm is committed to providing clear, comprehensive legal advice to help you navigate the complexities of Maryland’s legal system. If you need assistance or have questions about how Maryland’s “Duty to Retreat” Law applies to your situation, don’t hesitate to contact us.

The Law Office of Hillel Traub is dedicated to providing residents of Baltimore and surrounding areas with skilled legal help. Attorney Hillel Traub has provided competent representation for people facing criminal traffic charges for more than 30 years. Call (410) 580-1100 or complete our contact form for a free consultation. Let us help you understand your legal standing and ensure your rights are fully protected.