Delta4Embassy
Gold Member
Can lethal force be used against rioters to protect yourself, home, or property? (I'm not an attorney, and this is not legal counsel or advice.)
" In Maryland, in cases in which self-defense is claimed, the accused normally has a duty to retreat. [5] In Lambert v. State[6], the Court of Special Appeals of Maryland defined this duty as:
“It is the duty of the defendant, when defending himself outside the home, to retreat or avoid the danger if the means to do so are within his power and consistent with his safety. Where, however, the peril is so imminent that he cannot retreat safely, he has a right to stand his ground and defend himself.” [7]
The accused does not have a duty to retreat, even at the deadly force level, in the following situations: if the accused is attacked in his or her own home; if the avenue of retreat is unsafe; if the nonaggressor victim is lawfully arresting the aggressor; or if the nonaggressor victim is the robbery victim of the aggressor. [8] Finally, the accused does not have to retreat if he is unaware of a possible avenue of retreat that is available. [9]
Maryland at the current moment does not have any “Stand Your Ground” law and therefore a duty to retreat is still present in public. However, Baltimore Country lawmaker, Del. Pat McDonough says that he plans introduce ‘Stand Your Law’ legislation in the General House Assembly. [10] Delegate McDonough has stated that he feels as though the duty to retreat is the weakest form of protection for crime victims and their families. [11] This provision though is unlikely to pass in the Maryland legislature but clearly, the issue is being debated. [12]
As a resident in Maryland, this all means that the current state of the law is that if a person is being attacked outside of their home, they have a duty to attempt to retreat from the attacker. If an attempt is made and fails, or the situation falls within certain circumstances, then a person may defend himself or herself. While states like Florida continue to uphold their “Stand Your Ground” laws, it does not seem like Maryland will be joining them in enacting a similar statute."
The JustAdvice Clinic Stand Your Ground and Self Defense Laws in Maryland
" In Maryland, in cases in which self-defense is claimed, the accused normally has a duty to retreat. [5] In Lambert v. State[6], the Court of Special Appeals of Maryland defined this duty as:
“It is the duty of the defendant, when defending himself outside the home, to retreat or avoid the danger if the means to do so are within his power and consistent with his safety. Where, however, the peril is so imminent that he cannot retreat safely, he has a right to stand his ground and defend himself.” [7]
The accused does not have a duty to retreat, even at the deadly force level, in the following situations: if the accused is attacked in his or her own home; if the avenue of retreat is unsafe; if the nonaggressor victim is lawfully arresting the aggressor; or if the nonaggressor victim is the robbery victim of the aggressor. [8] Finally, the accused does not have to retreat if he is unaware of a possible avenue of retreat that is available. [9]
Maryland at the current moment does not have any “Stand Your Ground” law and therefore a duty to retreat is still present in public. However, Baltimore Country lawmaker, Del. Pat McDonough says that he plans introduce ‘Stand Your Law’ legislation in the General House Assembly. [10] Delegate McDonough has stated that he feels as though the duty to retreat is the weakest form of protection for crime victims and their families. [11] This provision though is unlikely to pass in the Maryland legislature but clearly, the issue is being debated. [12]
As a resident in Maryland, this all means that the current state of the law is that if a person is being attacked outside of their home, they have a duty to attempt to retreat from the attacker. If an attempt is made and fails, or the situation falls within certain circumstances, then a person may defend himself or herself. While states like Florida continue to uphold their “Stand Your Ground” laws, it does not seem like Maryland will be joining them in enacting a similar statute."
The JustAdvice Clinic Stand Your Ground and Self Defense Laws in Maryland
