People who injure others may face criminal prosecution. Assault charges can lead to a variety of significant penalties after a conviction or guilty plea. Those accused of harming others may have to spend time in jail, pay large fines and cope with the limitations of a violent criminal record.
People accused of assault often hoped to fight the charges to avoid a conviction. Claiming self-defense as an affirmative defense strategy is a somewhat common response to assault charges. When can people assert that they acted in self-defense?
Common law, not statutes, guides self-defense claims
Unlike many other states, Maryland does not have statutory self-defense laws that explain the requirements for self-defense claims. Instead, the courts tend to apply common law standards when people mount an affirmative defense based on acting in self-defense.
Under the common law concept of the castle doctrine, people can generally engage in self-defense in their homes during an illegal entry or other attempted crime. If the incident occurred in a public space, then there may potentially be a duty to retreat before using physical force.
If one person instigated the confrontation or made physical contact with the other party first, they may also have a duty to try to retreat before engaging in self-defense. Factors, including the prior interactions between the people involved in the incident and even the degree of force used, can influence whether a claim of self-defense is likely to prevail during criminal proceedings.
Defendants hoping to fight pending assault charges may need to review their circumstances carefully before committing to that strategy. Discussing pending charges with a lawyer can help people plan the best response to pending violent criminal charges.
See how the castle doctrine shapes legal defense in Maryland.