Within the important aspects of martial arts training are the defensive skills it imparts. From the practice of stances to the engagement of footwork and the tactical programming of movement, martial arts practitioners train diligently to develop appropriate responses to others’ attacks. But, what happens when the situation elevates to an actual legal encounter? Do you know the law? I was asked a bit ago if we had anything in our curriculum related to self-defense law, and I had to tell the prospective student that, while it wouldn’t be taught directly in class, the principles of martial arts would certainly be enhanced if the practitioner understood the law of self-defense in their home state. Any martial artist worth his or her salt should certainly study the laws where they live, but they should also be aware that some states are more developed than others when it comes to the defense of their own person from attack. That brings us to Maryland law.
Yes, is there a self defense law in maryland? In fact, the law is fairly settled in the state of Maryland, so much so that the Maryland jury instruction is broken into two pieces. Essentially, there is a duty to retreat, and then an exception to the duty to retreat. When there is a duty to retreat, you must try to get away from the attacker before responding. This is important, because getting away could involve leaving the area, going into a store, or engaging a police officer, among other possibilities. If you have the opportunity to safely disentangle from the encounter, you must do so. The exception to the duty of retreat is essentially when you are backed into a corner. In this case, the general sense of self-preservation kicks in, and you are presumed to believe that you are threatened with deadly force. It is important to note here that the presumption of reasonable belief is NOT the same as a reasonable belief. This means that, even though reasonable belief is not present, the law assumes that you believed you were facing a deadly threat, and acts accordingly. For example, if you were in your home and an intruder was breaking down the door with a gun and a ski mask, you would be presumed to have believed you were facing a deadly threat, even if you had a good reason to know that the threat was exaggerated. This is a unique example, though. In this situation, it would be best to acting on your first opportunity to retreat, if such an opportunity was available to you, because it may amount to better facts for your defense.
So, when it comes to “is there a self defense law in maryland,” the answer is not only yes, absolutely, but there is enough statutory and case law on the books in Maryland to make your head spin. The best course of action is to try to disarm the attack without relying on physical violence, because it is very likely this will amount to better facts for your defense. Another way in which this is typical, however, is if you are faced with an imminent threat of death or grave bodily injury. In these circumstances, there is likely to be no opportunity to retreat, and the law will presume you held a reasonable belief that you were facing a deadly threat. In practice, both of these situations can be complicated, particularly since the defense of self-defense in Maryland is an affirmative defense. This means the accused holds the burden to prove self-defense, and the case is pretty much over once he or she does so. For this reason, a good defense attorney is necessary. Simple self-defense moves taught in Wing Tsun school could be the difference between a good case and a bad one. That is to say that, even though you are not the instigator of the attack, if you employ excessive force in your attempt to defend yourself, you might wind up creating criminal liability for yourself. That is to say, if Noah Noah goes at me with a knife and I grab him and throw him through the window of a car, now we are both criminally liable for injuries sustained while violating the law. Keep in mind that localities have their own laws and jurisdictions. As a result, it is critical you take the time to look closely at your local law, and study martial arts principles against your local law. It is certainly advisable to learn your legal rights with respect to self-defense, because having that knowledge may very well help to make your martial arts that much more effective.
For more information on self-defense laws, you can visit Nolo’s legal encyclopedia.