Huntingtown, MD asked in Criminal Law for Maryland

Q: Why am I being charged for defending myself in my own home?

I was attacked from behind in my own house. I tried using a knife to defend myself but before i could i was slammed to the ground and unconcious a few seconds. Why am i being charged?

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2 Lawyer Answers
Eric Todd Kirk
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Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: It's unlikely that you would be charged based on the facts as you've described. I can't see that any crime was committed based on the information you provided. You didn't say what you were charged with. Was it related to the possession of the knife? I think it more likely that somebody else has given a different version of those events which has in turn led to the charges. You should get a copy of your charging documents and speak to an attorney in a confidential setting.

Mark Oakley agrees with this answer

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The charging document (Statement of Charges) will provide a factual explanation that meets the legal definition of whatever offense you have been charged with. You may dispute those factual events alleged in the Statement of Charges, but they form the predicate for the crimes you are charged with, not your version of what happened. You do not state who the person was that attacked you from behind, but I am guessing it was not a stranger who broke into your home, but somebody who either lived there or who you invited to visit, and it was they (or others present) who told the police their version of what happened, which made them believe you were the aggressor. Generally speaking, the person with the weapon in a fight will often be viewed as the most dangerous participant. You need a lawyer, as self-defense can be a more difficult defense than you realize, especially if you chose to use a deadly weapon against someone who was unarmed.

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