Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-808
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-808
- assault: means assault in any degree unless a specific degree of assault is specified. See
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(b) A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:
(1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and
(2) The amount and nature of the force used by the person is reasonable under the circumstances.
(c) Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14-101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.
(d) The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.
(e) This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.