Right of Self-defense in Maryland - The Use of Deadly Force in Self-Defense

The Use of Deadly Force in Self-Defense

Maryland also continues to follow common law principles on the issue of when one may use deadly force in self-defense. In the case of State v. Faulkner, 301 Md. 482, 485, 483 A.2d 759, 761 (1984), the Court of Appeals of Maryland summarized those principles, and stated that a homicide, other than felony murder, is justified on the ground of self-defense if the following criteria are satisfied:

(1) The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;

(2) The accused must have in fact believed himself in this danger;

(3) The accused claiming the right of self defense must not have been the aggressor or provoked the conflict;

(4) The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.

See also Roach v. State, 358 Md. 418, 429-30, 749 A.2d 787, 793 (2000).

In addition, when one is in one's home, one may use deadly force against an attacker if deadly force is necessary to prevent the attacker from committing a felony that involves the use of force, violence, or surprise (such as murder, robbery, burglary, rape, or arson). See Crawford v. State, 231 Md. 354, 190 A.2d 538 (1963).