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Self Defense

17-A M.R.S. § 108 — reasonable force, and no duty to retreat at home for one who did not start it

A person may use a reasonable degree of nondeadly force to defend themselves or a third person from what they reasonably believe is the imminent use of unlawful nondeadly force, in the degree they reasonably believe necessary.

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Who handles this in Maine: legal aid programs and the state offices, listed in the Maine directory.

  • Not for one who provoked the force meaning to cause harm.
  • Not for the initial aggressor, unless they withdrew and made it clear and the other person kept on.
  • Not in a fight by agreement the law does not authorize.
  • 17-A M.R.S. § 108

Deadly force is justified when a person reasonably believes it necessary and reasonably believes the other is about to use unlawful deadly force against them or a third person, or is committing or about to commit a kidnapping, a robbery, or a sexual assault the section names, against them or a third person.

  • 17-A M.R.S. § 108

Retreat. Deadly force is not justified when the person knows they or the third person can retreat in complete safety, except that no one is required to retreat in their own dwelling place if they were not the initial aggressor.

  • 17-A M.R.S. § 108
Sources for this section (1)
  1. 17-A M.R.S. § 108 — Physical force in defense of a person

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.

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