As a Former Assistant State's Attorney and Baltimore Maryland Criminal Attorney for almost 20 years, I have prosecuted and defended thousands of people charged with Second Degree Assault and/or First Degree Assault. For reasons that I cannot understand, there is a very common misperception in the general population and even with some in law enforcement, that Maryland does not recognize the concept of Self-Defense. This is simply not the law. The State of Maryland and every other State for that matter, absolutely does recognize the legal doctrines known to every first grader as Self-Defense and Defense of Others.
The right of people to defend themselves against violent attack goes back at least to English common law and probably as long as people have gathered together in organized societies. It is an obvious fundamental human right so it is difficult to understand how how widespread this misunderstanding has become in Maryland. The only theory I can come up with is that people are confusing the concept of a Mutual Affray which Maryland does not technically recognize with the universally recognized theory of Self-Defense. I had a client come in and meet with me this week that I think illustrates this misunderstanding of Maryland Law on this subject well. Here are the facts: