Having to defend yourself is a scary situation. What led to you needing to act in defense means something went wrong very quickly and you’re trying to survive. In any case, self-preservation is human nature. But what if you kill someone in the process? What happens to you legally, then?
There are many considerations, but you should understand your criminal defense options to protect your rights and freedom in Maryland’s legal system.
Yes, but with important caveats
In Maryland, you can claim self-defense in a homicide case, but you must follow strict criteria. Consider this scenario: You’re walking to your car late at night in downtown Baltimore when someone with a knife tries to rob you. Fearing for your life, you fight back and the attacker dies.
You might have a valid self-defense claim in this case, but the court will look closely at the following factors:
- Imminent threat: The threat must be happening right now, not something that’s a future possibility.
- Reasonable belief: You must truly believe you need to use force to protect yourself.
- Proportional force: You shouldn’t use more force than is necessary to stop the threat.
- Duty to retreat: In most cases outside your home, you must try to escape safely before using deadly force if it’s safe to do so.
Just saying it was self-defense doesn’t mean you’ll automatically win your case. You may need to prove your actions were justified and necessary. Every case is different, and the court will carefully examine all the details surrounding the incident.
Protecting yourself after a homicide charge
When the state charges you with homicide, you have the burden of proving your claim of self-defense. This often involves showing the court the factors mentioned above, such as the immediate threat you faced, your reasonable fear for your life, the appropriate force you used and your inability to safely retreat.
Unlike many states, Maryland doesn’t have specific self-defense laws. Instead, it relies on common law principles established by court decisions. Criminal cases can get complex and stressful. Consulting with a criminal defense lawyer may be beneficial for more specific guidance on your situation.