i am trying to find the law that expalins self defense in maryland with regard to a fist fight?

Question

my daughter was in school as she turned the corner she was assaulted. the police say they have to charge my daughter although she was hit first.

Answer 1

Sounds like a bunch of bs. A decent lawyer should be able to get her out of that.

Answer 2

Unfortunately now days who ever did the most damage is usually the one charged with assault. In Maryland, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another. If you claim your child hit another in self defense then you will need witnesses to disprove that claim.
SELF DEFENSE DURING MUTUAL COMBAT:

The right of self defense is only available to a person who engages in mutual combat if he had done ALL of the following:
1. he has actually tried, in good faith, to refuse to continue fighting

2. he has clearly informed his opponent that he wants to stop fighting

3. he has clearly informed his opponent that he has stopped fighting

4. he has given his opponent the opportunity to stop fighting

After he has done these four things, THEN he has the right to self defense if his opponent continues to fight.

Answer 3

I disagree that the law of self-defense is so limited in Maryland.

See Bryant v. State, 574 A.2d 29, 83 Md.App. 237 (Md. App., 1990) (quoting LaFave):
"It is only just that one who is unlawfully attacked by another, and who has no opportunity to resort to the law for his defense, should be able to take reasonable steps to defend himself from physical harm. When the steps he takes are reasonable, he has a complete defense to such crimes against the person as murder and manslaughter, attempted murder, assault and battery and the aggravated forms of assault and battery. His intentional infliction of (or, if he misses, his attempt to inflict) physical harm upon the other, or his threat to inflict such harm, is said to be justified when he acts in proper self-defense, so that he is not guilty of any crime." (Footnote omitted) (Emphasis supplied).

Answer 4

Besides guns? Are you a minor? I like what the lake guy said, but that's not always practical these days...