In general, most people know that self-defense is a possible legal criminal defense to being convicted of murder, assault and battery, or other types of crimes. Self-defense is a legal defense that must be asserted in the criminal courts of Maryland, and in general, the person accused of the crime must prove the legal defense.

What is less well known to most people is that, in Maryland, there are actually TWO types of self-defense that can be asserted. One is called “perfect self-defense,” and the other is called “imperfect self-defense.” This sounds legally complicated — and it is. This is one reason — among many — that you need to hire experienced and well-trained Maryland criminal defense attorneys if you have been arrested and charged with a crime. You want a tough and aggressive criminal defense that knows about ALL of the possible defenses. If you have been arrested or charged, call us at the Law Office of Robert Castro at (301) 705-5137. We are available around the clock, 24/7, and have offices in Waldorf, Maryland. Here is more information about perfect and imperfect self-defense.

How are perfect and imperfect self-defense legal defenses different?

Most States in the U.S. only allow the criminally accused to assert a legal criminal defense of “perfect self-defense.” Maryland is one of the few States that allow a defendant to claim two varieties. If proven, a criminal defense of “perfect self-defense” will completely “win” the case and result in a “not-guilty” verdict. This is the reason it is called a “perfect” criminal defense. By contrast, if proven, the criminal defense of “imperfect self-defense” will not result in a “not guilty” verdict but, instead, will result in a lowering of the level of the charges. As an example, a murder charge will be reduced to a manslaughter charge.

In Maryland, the criminal defense of “perfect self-defense” requires proof of the following:

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

(2) The accused must have, in fact, believed him or herself 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 in self-defense must have not been unreasonable and excessive

(5) In the case of deadly force outside of one’s home, the accused must have made a reasonable effort to retreat before using such force

As for the criminal defense of imperfect self-defense, the difference is that, essentially, the “reasonable” requirements are removed. Thus, for the first requirement — where “reasonable grounds” are required — the criminal defense of “imperfect self-defense” only requires that a defendant show that he or she actually believed there was imminent danger, even if that belief was unreasonable.

Likewise, with the fourth requirement, the criminal defendant’s level of force used need not be “reasonable” as long as the defendant subjectively believed the force used was necessary.

Finally, if the deadly force was used outside of the home, a defendant need not have made an effort to retreat so long as the defendant subjectively believed that retreat was not safe, however reasonable or unreasonable that belief.

From this, the criminal defense of “imperfect self-defense” can be summarized as follows:

(1) The accused must have believed — however reasonable or unreasonable — that he or she was in apparent imminent or immediate danger of death or serious bodily harm from the assailant or potential assailant

(2) The accused must have, in fact, believed him or herself in this danger

(3) The amount of force used was necessary and

(4) retreat was not safe

This criminal defense was used successfully in the case of Jarvis v. State, 321 A. 3d 1 (Md. Sup. Court, 2024).

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.