You do have a right to self-defense in Maryland. There are some situations where you should try to avoid the conflict or where you have a “duty to retreat.” But it could be impossible or unsafe for you to do that, or you may be in your home, where there isn’t a duty to retreat at all. Under the Castle Doctrine, you can just stand your ground.
However, if you do have to use self-defense in either of these situations, you are still obligated to use reasonable force. What does this mean and what happens if you violate this requirement?
Only force that is necessary
As a general rule, this means that you can use a level of force that is necessary in that specific situation, preventing yourself from experiencing serious harm or death.
So how do you determine if the force is necessary? It often stems from the type of force being used against you. You cannot drastically exceed this level.
For example, if someone breaks into your house in the middle of the night and they’re holding a weapon, you could use a firearm to defend yourself and your family. You would have used reasonable force because that person could have taken your life if you didn’t.
But if someone gets angry with you on the street and pushes you, and then you pull out a firearm and shoot the person in response, you have not used the necessary level of force. Any reasonable person would know that a lower level of force was all that was needed, and so you could be arrested on criminal charges – even though you weren’t the initial aggressor.
That said, a case like this can get very complex, so make sure you know exactly what legal options you have.