MD MPJI-Cr 5:02 Defense of Habitation — Deadly Force

MD MPJI-Cr 5:02 Defense of Habitation — Deadly Force

State: Maryland

Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)

MPJI-Cr 5:02 Defense of Habitation — Deadly Force

You have heard evidence that the defendant acted in defense of [his] [her] home. Defense of one’s home is a defense, and you are required to find the defendant not guilty if all of the following five factors are present:

(1) [name of person] entered [or attempted to enter] the defendant’s home;
(2) the defendant believed that [name of person] intended to commit a crime that would involve an imminent threat of death or serious bodily harm;
(3) the defendant reasonably believed that [name of person] intended to commit such a crime;
(4) the defendant believed that the force that [he] [she] used against [name of person] was necessary to prevent imminent death or serious bodily harm; and
(5) the defendant reasonably believed that such force was necessary.

In order to convict the defendant, the State must show that the defense of one’s home does not apply in this case by proving, beyond a reasonable doubt, that at least one of the five factors previously stated was absent.

By | 2015-06-29T16:33:30+00:00 June 29th, 2015|Comments Off on MD MPJI-Cr 5:02 Defense of Habitation — Deadly Force