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.

In Maryland, the use of force in self-defense is legally recognized when an individual genuinely believes there is an immediate danger.

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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.

Maryland’s self-defense laws are based on common law principles, which have developed over time from judge rulings rather than being explicitly stated in Maryland law books. 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 posed an imminent threat of 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.

In Maryland, the concept of justifiable self-defense is crucial, especially in cases of homicide. According to the landmark case State v. Faulkner, the prosecution must prove that the defendant did not act in self-defense, while the defendant must provide evidence to support their claim of self-defense.

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, especially considering the expectation to make a reasonable effort to avoid the situation under the duty to retreat principle.

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. They argue that the use of force should be a last resort, only considered when all other options for escape or retreat have been exhausted. 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 which 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. The driver claimed he acted in self-defense, highlighting the legal implications of such claims under self-defense laws.

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.

Maryland’s ‘castle doctrine’ allows homeowners to not have to retreat when faced with a threat in their own home, emphasizing the right to stand their ground to protect themselves and others.

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.

Standing Your Ground vs. Duty to Retreat: Understanding the Difference

When it comes to self-defense laws, two key concepts often come into play: “Stand Your Ground” and “Duty to Retreat.” These principles shape how individuals are legally permitted to respond when facing threats or imminent harm. Understanding the difference between these two doctrines is crucial, particularly in states like Maryland, where the Duty to Retreat law is in effect.

Obligation to Retreat: The primary difference between the two doctrines lies in the obligation to retreat. Under Stand Your Ground laws, there is no duty to retreat, whereas, under Duty to Retreat laws, individuals must attempt to retreat if they can safely do so before using force.
Legal Protections: Stand Your Ground laws generally provide broader legal protections for those who use force in self-defense, as long as they are in a place where they have a right to be. In contrast, Duty to Retreat laws require individuals to exhaust all safe options to avoid the confrontation before using force.
Application of Force: With Stand Your Ground, the use of force is often justified as long as there is a reasonable belief of imminent harm. Under Duty to Retreat, the use of force is justified only after attempting to retreat or if retreat is not a viable option.

Understanding these differences is essential for anyone navigating self-defense situations, as the legal implications can vary significantly depending on the state and the specific circumstances of the encounter.

Key Considerations for Self-Defense

When considering self-defense, it’s essential to understand the castle doctrine and its implications in your jurisdiction. The castle doctrine allows individuals to use force in self-defense without retreating, but only in specific circumstances and locations, such as within their own home. This principle is based on the idea that one’s home is their “castle,” and they have the right to protect it from unlawful intrusion.

In jurisdictions that follow the rule to retreat, individuals must try to mitigate the necessity of force by retreating safely before using self-defense. This means that if you can avoid the confrontation by retreating, you are legally required to do so before resorting to force. The amount of force used in self-defense must be proportional to the threat, and individuals must respond with a reasonable belief in the threat of deadly force.

The doctrine of self-defense is subject to various restrictions, which differ from jurisdiction to jurisdiction. Therefore, it is crucial to verify the specific laws in your area to ensure you are acting within legal boundaries. Completing a human verification process, such as those used on websites, is not a requirement for self-defense, but it can help ensure that individuals are aware of their surroundings and potential threats.

Connection security is crucial in today’s digital age, and individuals should take steps to protect their personal data and devices from cyber threats. Proceeding with caution and being aware of one’s surroundings is essential in self-defense situations, and individuals should always try to de-escalate conflicts before using force. The ray ID, a unique identifier used in online transactions, is not directly related to self-defense, but it can help individuals verify the security of their online connections.

Ultimately, self-defense is a serious matter, and individuals should seek professional training and guidance to ensure they are prepared to respond to threats in a legal and effective manner. Understanding the nuances of self-defense laws, such as the castle doctrine and the duty to retreat, can make a significant difference in how one responds to a threat and the legal consequences that may follow.

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) 352-7575 or complete our contact form for a free consultation. Let us help you understand your legal standing and ensure your rights are fully protected.

FAQs About Maryland’s Duty to Retreat Law

What is the Castle Doctrine in Maryland?

In Maryland, the Castle Doctrin allows individuals to use reasonable force, including deadly force, to defend themselves against an intruder in their own home without the duty to retreat. The law is based on the principle that one’s home is their “castle,” and they have the right to protect it from unlawful intrusion. Under the Castle Doctrine, if someone unlawfully enters your home and you reasonably believe they intend to cause harm, you may use force to defend yourself without first attempting to escape or retreat.

What is the Castle Doctrine vs. Stand Your Ground Law?

The Castle Doctrine and Stand Your Ground laws both allow individuals to use force in self-defense, but they differ in scope and application:

Castle Doctrine: This law specifically applies to situations where an individual is defending themselves within their own home (and in some states, their place of work or vehicle). The key principle is that there is no duty to retreat when inside your own home, meaning you can use force, including deadly force, to protect yourself from an intruder without attempting to flee.
Stand Your Ground: This law extends the principle of no duty to retreat beyond the home to any place where an individual has a legal right to be. In states with Stand Your Ground laws, individuals can use force to defend themselves in public spaces without the obligation to retreat, as long as they reasonably believe they are in imminent danger of serious harm.

In summary, the Castle Doctrine applies specifically to one’s home, while Stand Your Ground laws apply more broadly to any location where a person is lawfully present.

What is Considered Trespassing in Maryland?

In Maryland, trespassing occurs when a person enters or remains on someone else’s property without permission. There are several types of trespassing recognized under Maryland law:

Criminal Trespass: Entering or remaining on property after being explicitly told to leave by the owner or a lawful authority. This includes situations where signs or barriers indicate that entry is forbidden.
Trespass on Private Property: Entering private property without the owner’s consent, regardless of whether any harm is caused or whether the individual had any malicious intent.
Trespass with Malicious Intent: Entering property with the intention to commit a crime or cause damage.

In Maryland, trespassing is generally considered a misdemeanor and can result in fines, imprisonment, or both, depending on the severity of the offense and any damage caused.