Can I Use Self-Defense To Fight a Murder Charge in Maryland?

 Posted on December 30, 2025 in Criminal Defense

As of 2025, Maryland law still allows self-defense to be raised in very serious criminal cases, including murder charges. However, these cases are highly fact-based and often misunderstood. If you or someone you care about is facing a murder charge, our Centreville, MD murder defense lawyer can help explain how self-defense works and whether it may apply.

What Does Self-Defense Mean in a Maryland Murder Case?

In Maryland, self-defense is recognized through court decisions rather than a single statute. In simple terms, self-defense allows a person to use force if they reasonably believe they are in immediate danger of being killed or seriously injured.

To use self-defense in a murder case, the focus is on what the person believed at the moment force was used and whether that belief was reasonable under the circumstances. The law looks at the situation as it appeared at that time, not with hindsight.

Consider a first-degree murder charge, outlined under Maryland Criminal Law § 2-201. A lawyer can help explain how self-defense may be used to challenge parts of that charge, such as whether the act was "premeditated."

What Does Maryland Require To Prove Self-Defense in a Murder Case?

Self-defense is not assumed in Maryland cases. Courts closely examine several required elements to decide whether it applies. A self-defense claim generally requires showing that:

• You were not the person who started the confrontation.
• You believed you were in immediate danger of death or serious injury.
• That belief was reasonable based on what was happening.
• The force used was necessary to stop the threat.

If one of these elements is missing, the self-defense argument may not succeed. This is why evidence, witness accounts, and timing often play a major role.

Do I Have a Duty To Retreat Under Maryland Law?

Maryland follows a duty-to-retract rule. This means that if you can safely avoid using deadly force by retreating, the law expects you to do so.

There is an important exception. Inside your own home, Maryland generally applies what is known as the castle doctrine. This means you may not have a duty to retreat when facing an intruder in your home. Outside the home, whether retreat was possible often becomes a key issue in self-defense murder cases.

Can I Claim Self-Defense if I Was Protecting Someone Else?

Maryland law allows the use of force in defense of others under certain conditions. The same basic rules apply. You must have reasonably believed the other person was in immediate danger, and the force used must have been necessary to stop that threat. These claims are closely reviewed, especially when the outcome involved serious injury or death.

Can Self-Defense Reduce a Murder Charge in Maryland?

Even if self-defense does not fully justify the use of deadly force, it can still affect the level of the charge. Maryland recognizes different homicide offenses, which range from murder to manslaughter.

For example, a case charged as first-degree murder may be reduced to second-degree murder. It may also be reduced to manslaughter if the evidence shows the person acted out of fear but used more force than the law allows. This is sometimes called imperfect self-defense. Whether a charge is reduced depends on the specific facts and how the evidence is presented.

How Does the State Try To Disprove Self-Defense in Maryland?

Prosecutors often focus on what happened before and after the incident. They may argue that there was no immediate danger, that too much force was used, or that the person could have retreated.

Statements made to police, even early or informal ones, can become important evidence. Physical evidence and witness testimony are also closely examined.

Because of this, how a case is approached from the beginning can make a meaningful difference. Speaking with a lawyer early can help ensure the facts are presented clearly and your rights are protected.

Contact a Queen Anne’s County, MD Murder Defense Attorney Today

At Henley & Henley, Attorneys at Law, we can offer over 50 years of combined legal experience to defend individuals facing the most serious criminal allegations. We believe every client deserves careful attention, clear communication, and a defense grounded in the facts. If you have questions about whether self-defense may apply in your situation, call 410-280-0530 to speak with our Centreville, MD murder defense lawyers today.