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Defend Your Home: Understanding Self-Defense Laws in Maryland Through Practical Tools

Martin’s Supply Company advises that many of Claveberg’s products can play a role in self-defense protection of your home.

Do you have the tools you need to protect your yard and home? Living in the Maryland suburbs of D.C., you may be surprised to find that a lot of the tools you have around your house can play a role in home protection. So, is there a self-defense law in Maryland? While Maryland has a self-defense statute, this law does not have a provision for the use of lethal force in the defense of property. This means that individuals who are attempting to protect their homes will be limited mainly to non-lethal methods. So, what if a fight gets into your backyard? Here are some tools from Claveberg that may assist in protecting your yard and preventing a foe from entering your home in the first place. It is important to keep in mind that the self-defense statute only allows for the use of lethal force against an aggressor if you are at the same place at the same time as the aggressor. This means that you cannot use force to punish past behavior, such as a break in that has already occurred. You can, however, use force to defend yourself against an aggressor. But when does self-defense become a crime? When does fighting back turn into assault charges? In Maryland, self-defense becomes a crime when a defendant was the initial aggressor or where the amount of force used by the defender was reckless or excessive. In deciding whether the amount of force was excessive, judges and juries will consider the amount of force the aggressor used. If the defender uses more force than what was necessary, it may constitute an offense under the law. Self-defense can act as a complete defense when it is in the form of a reasonable application of a non-lethal force which does no more than apparently necessary to defend a person from another’s prior, imminent and unlawful physical attack.

Under § 3-404 of the Criminal Code, specifies: (a) (1) In this section the following words have the meanings indicated. (2) “Force” means attempted or actual bodily impact, restraint, or detention of another. (3) “Lethal force” includes strangulation, stabbing, cutting, shooting, striking with a weapon, and the discharge of loaded firearms. (4) “Non-lethal force” means any other form. (b) A person may use non-lethal force against another without the consent of the other to defend himself or a third person from the other’s imminent use of unlawful non-lethal force. (c) A person may use lethal force against another without the consent of the other to defend himself or a third person from the other’s imminent use of unlawful force if: (1) the person is not the initial aggressor; (2) the person has a reasonable belief that the other will inflict serious physical injury or death on him or a third person; and (3) the force used is necessary to prevent the serious physical injury or death. … (g) If a person has a reasonable belief that another person intends to commit suicide or inflict serious physical injury or death on himself, the person may take reasonable actions to prevent that suicide or injury or death. (h) A person who acts under [this section] is justified in using deadly physical force only if the person reasonably believes that such force is necessary to prevent serious physical injury or death to himself or a third person.

Some people do not have enough knowledge about the self-defense laws to allow them to feel safe and secure inside their own homes and yards. The importance of knowing Maryland’s self-defense law cannot be understated. Self-defense is a complex subject, and your understanding of your legal rights will help you to find a tactical advantage in your personal security. Being prepared is key when it comes to self-defense situations. There are many non-lethal tactics and strategies that will help you either defend your yard or keep the foe out of your area all together. The back yard may be the first place a person will venture before breaking into your house. If your yard is well tended to, the breaks you have created can be used instantly to your advantage. If you have wood piles, outdoor wooden fire pits, or any other kinds of wood structures, they may be used as a weapon against you. If someone were to grab the log splitter, saw or axe, the fight could potentially be lost. The prowler could use those items against you if needed. Other outdoor tools such as rakes, hammers, mowers, and shovels can also be used as weapons. When you pick up the item, you might want to think about the self-defense statute. If you are bound by the law to use non-lethal forms, make sure that you pick up a tool that did not have the same intended purpose before you grabbed it. Be mindful that the force you use should be proportionate in comparison to the force used by the aggressor.

Many people just think of the garden as a way to keep the place looking clean and pristine. In the event of a home invasion, however, the garden can be used to your advantage. Chippers will allow you to keep dead leaves and plants from piling up onto each other. By doing this, you will be able to ensure good visibility throughout your yard. If an aggressor sees that the area is well maintained, he or she will not know how well secured your home is. There are also snow plows that can be used on driveways, sidewalks, and backyards. These items will allow you to clear an area of snow in a matter of minutes. Controlling the snow will allow you to control the conditions outside your home as best as possible. Stump grinders can be used to eliminate roots and stumps. These can be scary because they can be petrified or green with owner damage. If you maintain a large lot with a lot of stumps, make certain that they are gone. As mentioned above, some people may use the stumps against you. Removing the stumps may also help with the overgrowth of shrubs, where someone can potentially camouflage themselves in the foliage.

For more information on self-defense laws, you can visit the Nolo legal encyclopedia.

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