Self-Defense Laws in Maryland

Maryland follows a common-law duty to retreat (no stand-your-ground statute was found). In Redcross v. State, the Court of Special Appeals stated that in cases in which self-defense is claimed 'the accused normally has a duty to retreat' — the accused must make all reasonable efforts to withdraw before resorting to deadly force — and quoted Lambert v. State: it is the defendant's duty, 'when defending himself outside the home, to retreat or avoid the danger if the means to do so are within his power and consistent with his safety. Where, however, the peril is so imminent that he cannot retreat safely, he has a right to stand his ground and defend himself,' language reaffirmed by the Court of Appeals in Burch v. State, 346 Md. 253 (1997). Exceptions noted include attack in one's own home, an unsafe avenue of retreat, and an avenue of retreat unknown to the accused.

Criminal law: under Maryland case law 'the most common exception to the retreat rule is the “castle doctrine”: there is no duty to retreat if one is attacked in his or her own home' (Redcross v. State, citing Gainer, 40 Md. App. at 388). Civil immunity: a person is not liable for damages for the injury or death of an individual who enters the person's dwelling or place of business if the person reasonably believes force or deadly force is necessary to repel an attack by that individual and the force used is reasonable under the circumstances; the immunity does not apply to a person convicted of a crime of violence, second-degree assault, or reckless endangerment arising from the same circumstances, and a court may award costs and reasonable attorney's fees to a prevailing defendant (Cts. & Jud. Proc. § 5-808).