Maryland’s approach to self-defense law is distinct compared to many other states that have adopted “Stand Your Ground” legislation. In 2025, Maryland does not have a formal Stand Your Ground law; instead, it follows a Duty to Retreat principle with some important exceptions. Understanding these nuances is critical for anyone seeking clarity on their rights to defend themselves legally in Maryland.
What Is Stand Your Ground?
“Stand Your Ground” laws allow individuals to use force, including deadly force, in self-defense without a duty to retreat when they reasonably believe they face an imminent threat of serious harm or death. This means a person can defend themselves in any place they have a legal right to be without trying to escape the situation first.
Maryland’s Duty to Retreat
Unlike Stand Your Ground states, Maryland requires a person to retreat or avoid danger if safely possible before using deadly force outside their home. The law expects individuals to take reasonable steps to avoid violence when on public property or someone else’s private property.
However, if retreating compromises their safety or is impossible, then the use of force for self-defense is permitted. The burden of proof lies on the defendant to demonstrate that the use of force was necessary under the circumstances.
The Castle Doctrine Exception
Maryland’s Castle Doctrine provides a significant exception to the duty to retreat. Under this doctrine, a person:
Has no duty to retreat when inside their own home.
May use reasonable force, including deadly force, to protect themselves against an intruder whom they reasonably believe intends to cause serious harm or death.
Is generally protected from prosecution or civil liability if they act in self-defense within their dwelling.
This principle reflects the idea that a person’s home is their “castle” and should be defended as a last refuge without the requirement to retreat.
Self-Defense and Defense of Others
Maryland law also extends self-defense to the protection of others. A person may use reasonable force to defend another if they reasonably believe that individual is in imminent danger. The same duty to retreat applies unless the defense occurs within the protected space of a home.
Legal Implications and Controversy
The absence of a Stand Your Ground law in Maryland has sparked debate. Supporters argue the Duty to Retreat law complicates defensive actions and places an unfair burden on victims to attempt escape even if threatened. Opponents caution that Stand Your Ground laws may encourage unnecessary violence and complicate legal processes in self-defense cases.
Court rulings, such as State v. Faulkner, reinforce that self-defense claims require careful evaluation of whether the defendant had a legal duty to retreat or whether force was justified.
Maryland balances self-defense rights with a legal duty to retreat in public spaces while respecting the Castle Doctrine within the home. Unlike states with full Stand Your Ground laws, Maryland requires individuals to attempt safe retreat before using deadly force outside their dwelling, emphasizing avoidance of violence when possible. Awareness of these legal distinctions is crucial for residents and visitors to understand their rights and responsibilities concerning self-defense in the state.
Sources
(https://www.careylawoffice.com/2024/11/04/marylands-duty-to-retreat-law-vs-stand-your-ground-law/)
(https://en.wikipedia.org/wiki/Stand-your-ground_law)
(https://giffords.org/lawcenter/state-laws/stand-your-ground-in-maryland/)
(https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground)
(https://www.traublaw.com/blogs/7767/marylands-duty-to-retreat-law/)
