1.0. Introduction
Roland S. Harris, IV and Martin E. Cohen are the senior partners of COHEN|HARRIS LLC, a law firm formed in 2017 to protect the rights of the people. We each have over 18 years of experience fighting for the rights of individuals in criminal defense cases as well as civil rights cases, including but not limited to 2nd Amendment issues. It has been said that COHEN|HARRIS LLC represents “both sides of the gun” because we represent individuals in cases ranging from the denial of 2nd Amendment Rights to victims of violent crimes, to people charged with Murder.
The purpose of this book is to give you, the reader, some insight into Maryland’s use of force laws from the lawyer’s perspective. It is impossible to crunch 36 years of experience into any book, but we are going to try. Maryland lawyers see the use of force a little differently from the rest of the world. Anywhere in the world if we were to stop a random person and ask them whether people should be able to defend themselves “if they feel that their safety is at risk, or their life was in danger” most people would respond by saying a resounding “hell yeah”. But that is not how the court system works. Every state has its own definitions of legal uses of force and Maryland is no exception. When using force in Maryland one needs to think “would the courts in Maryland give me permission to scare or hurt someone in this situation”. That is how Maryland lawyers are taught to think about your case, within the specific framework established by our court system.
Use of force cases hinge on the establishment of, or by negating, very specific facts, or pieces of evidence. By understanding what your lawyer is looking for, you will be able to give them the necessary information in a timely manner to help you win your case and, hopefully, keep your wits about you through the process. Keeping a level head will help you make legally sound decisions at the time of the conflict, during interactions with the police, and throughout the court process, should that occur.
As we all know, use of force situations are rapidly unfolding events. The more you understand the use of force laws of Maryland, the more it becomes incorporated into your actions during and following the event.
In the real world, no one expects everything to be perfect, but oddly it seems the court system does. If you do not meet the elements of self-defense, or the other forms of defense this book covers, you may find yourself convicted of several charges that will likely carry substantial jail time.
During this book, the term defendant will often be used. The fact that it is used should not be construed to mean someone who uses force will be accused of a crime or that the use of force is a crime. That term is used because often an attorney gets involved with a use of force case because there are either charges filed or likely pending. With that introduction, let’s begin exploring the world of Maryland’s use of force laws.