Maryland does not have a Stand Your Ground law. Instead, the state follows the traditional “duty to retreat” principle. This means that if you are threatened outside your home, you must attempt to safely retreat from the situation before resorting to deadly force.
Duty to Retreat Explained
- Public Places: If you are in a public place and face a threat, Maryland law requires you to retreat if you can do so safely. Deadly force is only justified if retreat is not possible or safe, and you must reasonably believe you or someone else is in imminent danger.
- Proportional Force: The force used in self-defense must be reasonable and proportionate to the threat. You cannot use deadly force against a threat that is not immediate or serious.
The Castle Doctrine: The Exception
- Inside Your Home: Maryland applies the Castle Doctrine in your own home. If you are threatened by an intruder inside your residence, you are not required to retreat and may use reasonable force, including deadly force, to protect yourself and your family.
- Limitation: Even at home, the force used must be proportionate to the threat.
Key Differences: Stand Your Ground vs. Duty to Retreat
| Principle | Maryland’s Law | Stand Your Ground States |
|---|---|---|
| Duty to Retreat | Yes, in public | No, not required |
| Castle Doctrine | Applies at home | Applies at home |
| Use of Deadly Force | Only if retreat is unsafe | Permitted if threatened |
| Public Places | Must avoid violence if possible | Can use force without retreating |
Maryland law requires you to avoid using deadly force in public if you can safely retreat, but allows you to defend yourself without retreating in your own home under the Castle Doctrine. Understanding these distinctions is crucial for anyone considering self-defense in Maryland.
Sources:
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-maryland/
- https://www.mooneyesq.com/blog/2024/01/do-you-understand-marylands-self-defense-laws/
- https://www.traublaw.com/understanding-marylands-duty-to-retreat-law/
- https://www.mylolowcountry.com/usa-laws/understanding-marylands-stand-your-ground-law/