May not be who I was thinking of
[QUOTE=HappyOne;2610667]Same girl as picture, birthdate 12/19/95, court date 12/08/15 felony charges.[/QUOTE]Pisces, not Sag.
Maryland and Killing in Self Defense
I recently heard that Maryland is the only state in the union that will bring you up on murder charges, even if it was self defense in your own house. Can anyone substantiate that comment? That doesn't seem right.
Baltoman.
[QUOTE=Genre;2611084]I'm not a lawyer, but I did stay at a holiday inn express last night.
I believe, that if you were to kill the assailant, even in self defense, while you were in the process of (technically) committing a crime (solicitation, patronizing, what ever the crime against the john is), you could be charged with murder, maybe even capital murder, as the crime being committed, even if not directly related, would negate a self defense claim.
Moral of the story, you might want to wound, not kill.[/QUOTE]
Self Defense. Background, not legal opinion
The Court of Appeals said in Crawford vs St. Of MD (1963), a case in which the defendant fatally shot a younger man who was attempting to break into his home to beat and rob him:
"A man is not bound to retreat from his house. He may stand his ground there and kill any person who attempts to commit a felony therein, or who attempts to enter by force for the purpose of committing a felony, or of inflicting great bodily harm upon an inmate. In such a case the owner or any member of the family, or even a lodger in the house, may meet the intruder at the threshold, and prevent him from entering by any means rendered necessary by the exigency, even to the taking of his life, and the homicide will be justifiable. ".
State of MD v. Faulkner (1984), the Court of Appeals of Maryland summarized those principles, and stated that a homicide, other than felony murder, is justified on the ground of self-defense if the following criteria are satisfied:
1. The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant;.
2. The accused must have in fact believed himself 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 must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.