Maryland law uses something known as the castle doctrine. Under this law, a person’s home is considered to be their castle. As such, they have a right to defend their property if necessary.
This means that there is no duty to retreat. If someone breaks into your home, you don’t have to leave to avoid a confrontation. You can use force to defend yourself and your family members. This may include using deadly force when necessary, although it’s important to note that you are supposed to use “reasonable” force depending on the situation.
An imminent threat
But if you’re going to use the castle doctrine as a defense against homicide or assault charges, you do have to show that you were facing an imminent threat. If you just saw someone that you didn’t know on the sidewalk in front of your house, that wouldn’t give you justification to attack that person. You were never actually in any danger.
On the other hand, if you wake up and someone has broken into your living room and you believe that they’re holding a gun, then there is certainly an imminent threat to you and your loved ones. You can respond with the level of force that is necessary to protect yourself. That could even include using a deadly weapon, such as a firearm.
You may still be arrested after such an event. The police only show up after the fact and may not know exactly what occurred. That’s why the castle doctrine may be used as part of your legal defense. If you can show that there was an imminent threat and you took reasonable action to keep yourself and others safe, then the charges may be dropped. As you go through this process, be sure you understand all of your legal rights.