Legal Question in Criminal Law in Maryland

reasonable precaution against apprehended danger

In Maryland's weapon laws, the statute allows a defense for non-firearm weapon possession for person's who ''carries the weapon as a reasonable precaution against apprehended danger''

In practice, how often is this defense successful? Is it pretty solid for persons who have not committed any other crime?

A friend of mine brandished a switchblade at a man who was about to attack him. The man was easily 3 times his weight and my friend stepped backwards until he was cornered, rather than try to attack. The sight of the knife scared the man into not attacking, but he called the police out of spite. The situation clearly indicated the man was unjustly attempting to intimidate my friend, hence all assault charges are so far nolle prosequi. Don't know about the carrying a dangerous weapon charge yet though.


Asked on 1/26/09, 10:16 pm

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: reasonable precaution against apprehended danger

Well, if you have witnesses it should be successful. Or if the Defendant could testify successfully if he was the only witness. But cross-examination of the "victim" will be even more important if there were no other witnesses, because having the Defendant testify has a lot of problems. Based on these facts as you have outlined them, I think you have a good defense if you get a lawyer to put it into practice.

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Answered on 1/29/09, 10:51 am


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