Is Self-Defense a Valid Defense for Maryland Assault Charges?

 Posted on April 08, 2025 in Criminal Defense

Perhaps you have been charged with assault in Maryland. These are serious charges with serious penalties, which benefit significantly from a strong, experienced criminal defense attorney. You may have simply been defending yourself and cannot believe you have been charged with assault.

Many assault charges result from incidents in bars or other public places when tempers boil over due to perceived or real issues. Assault charges can be filed even when the alleged victim was not injured but only believed there was an actual threat of harm or injury. If you are facing assault charges, it is important to have a knowledgeable Annapolis, MD assault lawyer.   

What is Assault in Maryland?

In Maryland, a defendant can be charged with first-degree assault or second-degree assault. First-degree assault is a felony offense that is charged when a defendant intentionally causes or attempts to cause serious physical injury to another person, strangles another person, or commits an assault with a firearm.

A person found guilty of first-degree felony assault could spend up to 25 years in prison. First-degree assault could also be charged if the alleged victim is apprehensive of imminent harmful contact, even when the defendant never actually touches him or her. Charging first-degree assault requires the element of intent to cause harm, while second-degree assault requires no intent to cause bodily harm.

Second-degree assault could include intent to create an apprehension of harmful or offensive contact in the mind of the victim. Second-degree assault is usually a misdemeanor offense, except when the assault is committed against a law enforcement officer or a probation or parole agent, then it can be charged as a felony offense. A defendant convicted of misdemeanor assault in the second degree could face up to ten years in prison and a maximum fine of $2,500.

What is Physical Injury?

Any injury that impairs the victim’s physical condition – other than the most minor of injuries – is considered a serious physical injury. As defined in Section 3-201(d), a serious physical injury puts the victim at risk of death or causes permanent or serious disfigurement, loss of function in any body part, or impaired function of any body part.

What Does Claiming Self-Defense Against Assault Charges Require?

Protecting oneself, another person, or one’s property by using force when there is a belief that immediate danger of serious injury or death exists is a legal justification for assault in many cases. Claiming self-defense requires the following elements:

• If the defendant provoked the altercation or deliberately escalated the situation, he or she cannot claim self-defense.
• The force used by the defendant is proportional to the threat faced. The use of deadly force is only allowed if the defendant believes he or she or another person is in immediate danger of serious bodily injury or death.
• The defendant is responding to an immediate threat.
• There is a duty to retreat in the state before using deadly force, but only if the retreat can be accomplished safely and only if the defendant is not in his or her own home (the Castle Doctrine applies in one’s home).

Once a defendant claims self-defense, the prosecutor must prove beyond a reasonable doubt that the defendant’s actions were not justified. Self-defense claims are typically complex, with prosecutors arguing that excessive force was used or that the defendant could have safely retreated from the incident.

Contact a Queen Anne’s County, MD Defense Attorney

Given the high stakes involved and the nuances associated with self-defense laws, the outcome of your assault charges can hinge on your choice of a Centreville, MD assault lawyer. When you choose a highly experienced legal advocate from Henley & Henley, Attorneys at Law, you can rest easy knowing you are well-represented as we build a compelling defense on your behalf. We have more than 50 years of combined legal experience and, in many cases, can offer a flat fee. Call 410-280-0530 to schedule an initial meeting with a knowledgeable attorney.