Maryland Criminal Defense Lawyers for ‘Stand Your Ground’

Written by Staff Writer

The Baltimore, Maryland crime rate continues to steadily escalate and a Baltimore state delegate by the name of Pat McDonough thinks he might have a solution. Namely, the “Stand Your Ground Law”, which exists to some degree in a number of states including, but not limited to, Alabama, Arizona, Georgia, Ohio, and Pennsylvania, and might well be on its way to the city of Baltimore if McDonough has his way.

For many years, Baltimore and other Maryland residents have been held to the standards of the “Duty to Retreat” law. Duty to Retreat also applies to residents of Virginia. McDonough argues that encouraging law abiding citizens to turn the other cheek in the event of a physical altercation or attack might not be benefitting the city. And he’s not entirely alone in this view. McDonough’s support base is on the rise, with his position appealing to both proponents of “pro crime victim legislation” and some attorneys and advocates of criminal defense.

The two groups, on the surface, might seem like strange bedfellows. But it’s not hard to understand that the passage of a “Stand Your Ground” Law could result in some individuals who are facing serious violent felonies benefit from a shift in legal procedures in cases where self-defense comes into play. It is, however, a fine point to argue and also a controversial one, as demonstrated by the media-mobbed George Zimmerman case. Skeptics argue that the “Stand Your Ground” law can too easily be taken out of context. This is due largely to the law being a difficult one to define. There are numerous exceptions and exemptions to “Stand Your Ground,” which varies widely from state to state. In certain participating states, the law does not pertain to instances involving law enforcement. In other states that allow the law, it does not pertain to individuals who are in the process of committing a crime. In other words, you can defend yourself only if you are under attack through no fault, or illegal deed, of your own.

Proponents of Stand Your Ground counter that the Duty to Retreat law currently in place in Baltimore discourages the public from defending themselves. And they claim there are a number of victims who have wound up behind bars because they simply attempted to fend off their attackers.

In comparison, Duty to Retreat seems fairly iron clad and allows for few exceptions and extremely limited legal interpretation. The question for the citizens of Baltimore to ask themselves is whether the Duty to Retreat law is a help or hindrance. Unfortunately, statistics are limited on both sides of the argument. That is because results of enforcing this kind of law, much like the rules and regulations that apply to this law, vary from state to state. However, there is no question that if a Stand Your Ground law were to be passed in Baltimore, it would add a new element to the landscape of criminal defense and could offer some defendants a chance for immunity in circumstances that would have previously been classified as criminal activity. For more information on Stand Your Ground and Duty to Retreat laws, contact our team of Maryland criminal defense lawyers for a free initial consultation.