When Do You Have a Right to Defend Others From Attack?

When we think of self-defense as a defense to a criminal charge, we often think in terms of defending ourselves. And although the laws vary a bit from state to state, generally, there is always a right to reasonably defend yourself from injury. But we don’t often give thought to whether we’re allowed to defend others. Most states including Maryland do recognize this right, but there are certain requirements that must be met at trial to ensure the defense is successful.

The right of defense of others in Maryland means that you have a right to take reasonable steps to defend someone else who may be a victim of harm. But there are certain requirements that must be met for the defense to be successful.

The person aiding the victim must reasonably believe that the victim is in danger, and that the victim would have a right to defend himself if he could.

The term “reasonably believes” means that a jury will determine whether the belief is reasonable. In many ways, this is no different than the standard of defending yourself–except that instead of a first person account (“this is what was happening to me”), you’re left to rely on a third-person account (“this is what I saw happening to her”).

As an example, if your mother were 100 yard away from someone with a knife, and you shot the person with the knife, it may not be reasonable to believe your mother was in danger, as 100 yards is a football field. Put the assailant 10 feet from your mother, and now your belief may be reasonable.

The person aiding must use reasonable and necessary force

Again, this is a standard that will be determined by a jury. If an old man is hitting your mother with an umbrella, shooting him may be unreasonable, if you could have easily wrested the umbrella away from the old man. If a 25-year-old bodybuilder is slamming that umbrella into her, and you are a smaller-framed or older individual, then more drastic force may be reasonable to stop the assault.

You’ll note that there is no requirement that the person you are protecting be a friend or family member. You may act reasonably to protect anyone.

Be Aware of Risks in Defending Others

Believe it or not, it is possible that you, as a person coming to the aid of another, could be sued civilly, even if you are not convicted of any crime. In other words, just because the criminal laws say you were entitled to defend the other person doesn’t mean the attacker couldn’t sue you civilly. (So-called “Good Samaritan Laws” usually insulate you from liability from the person you are helping–not from the person you may be attacking to protect a victim).

And, of course, it goes without saying, that you should always be careful when coming to the defense of others. It’s a tough balance between standing up and protecting someone in danger, and putting yourself in danger.

A good defense to a criminal charge requires understanding all the evidence and facts. The criminal defense attorneys of Brassel, Alexander & Rice, LLC have extensive experience protecting the rights of criminal defendants. If you or someone you know was charged with a crime in Maryland, contact the attorneys of Brassel, Alexander & Rice, LLC today.