{"id":374024,"date":"2018-07-13T13:58:32","date_gmt":"2018-07-13T18:58:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-self-defense-laws.html"},"modified":"2024-12-18T13:28:52","modified_gmt":"2024-12-18T18:28:52","slug":"massachusetts-self-defense-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-self-defense-laws.html","title":{"rendered":"Massachusetts Self-Defense Laws"},"content":{"rendered":"\n
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Massachusetts Self-Defense Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Everyone has the right to defend themselves<\/a> from an aggressor. While this is true in Massachusetts, the Commonwealth also expects citizens to do everything within their power to avoid a fight. The line between justified self-defense and illegal use of force is often thin.<\/p>\r\n

Massachusetts law has expectations that include people doing everything possible to avoid altercations. Knowing what conditions allow for the justification of a self-defense claim can help you avoid making a bad decision. This article will examine when the use of physical force is considered reasonable, what levels of response are permitted, and what to do in the aftermath of a fight.<\/p>\r\n

Physical conflicts are best avoided for many reasons. Read on to expand your understanding of Massachusetts self-defense laws.<\/p>\r\n

The Duty To Retreat<\/h2>\r\n

While Massachusetts recognizes the right of self-defense, its goal is to prevent the fight from happening in the first place. Massachusetts self-defense law includes a duty to retreat<\/a>.<\/p>\r\n

A duty to retreat means that people are expected to do everything within their power to avoid using physical force or lethal force to respond to a threat from an aggressor.<\/p>\r\n

This stands in contrast to the stand-your-ground<\/a> laws of many other states, such as Florida. Stand-your-ground allows individuals to defend themselves, often with lethal force, if they have a reasonable belief that they’re in imminent danger of serious bodily injury or death. This changes self-defense from an affirmative defense to immunity from prosecution in most self-defense cases.<\/p>\r\n

That approach isn’t permitted in Massachusetts. People are expected to try for de-escalation or leaving the scene of a potential altercation as primary options. It’s best explained in the jury instructions given when a self-defense claim<\/a> is used by a defendant:<\/p>\r\n

1)<\/b> Neither retaliation nor revenge is justification for self-defense<\/b><\/p>\r\n

If you’re acting based on a desire for revenge or retaliation, there’s a very good chance you’re acting as the aggressor in the conflict. A person’s history of violent crimes is admissible as evidence<\/a> in self-defense cases, but if you instigate or facilitate a physical confrontation, your claim of acting to protect yourself becomes tenuous.<\/p>\r\n

2) Any act of self-defense must arise from necessity and end when the necessity ends<\/b><\/p>\r\n

Massachusetts law understands that there are times that, despite your best efforts, avoiding a fight is impossible. It’s your duty to make every effort to keep the confrontation from becoming physical.<\/p>\r\n

If that fails, you’re still obligated to end it at the first opportunity. You may not have started the fight, but for a valid self-defense claim, it’s important that you stop it as soon as possible. If your adversary tries to flee and you don’t let them, you’re now the aggressor.<\/p>\r\n

3) The defendant must use only sufficient force to stop and prevent further attacks<\/b><\/p>\r\n

Once you’re under attack, you’re expected to use as little force as possible to bring the situation back under control. If you knock someone to the ground and they stay down, jumping on them and throwing more punches is not considered self-defense. Pulling a gun during a shoving match between two parents at a Little League game is neither de-escalating the situation nor a reasonable response.<\/p>\r\n

In a case involving a self-defense claim, the burden of proof falls on the prosecutor<\/a> to show that the defendant was not justified in using self-defense. The elements of the offense also require proof beyond a reasonable doubt.<\/p>\r\n

The Castle Doctrine<\/h2>\r\n

One place where the duty to retreat might not apply is in your home. If you’re in your dwelling and have the reasonable belief that someone unlawfully there is going to inflict great bodily injury or death on you or a loved one, you’re entitled to employ a reasonable defense<\/a> and are not required to retreat. In most instances, this type of self-defense provides an affirmative defense.<\/p>\r\n

There are a couple of important details to note. The use of the word "dwelling"<\/a> is very important. Massachusetts recognizes the right to defend one’s home, but this doesn’t extend to boats, vehicles, or tents. For a castle doctrine self-defense claim, the incident must occur inside a dwelling.<\/p>\r\n

You aren’t required to retreat in a dwelling, but a self-defense claim may encounter difficulty under certain circumstances. If you were home alone and could have exited the dwelling and called the police with little effort, a prosecutor may address why you decided not to. In any case that involves criminal charges and self-defense, getting legal advice from a criminal defense attorney<\/a> is a good idea.<\/p>\r\n

Self-Defense Laws and Law Enforcement<\/h2>\r\n

Due to the nature of their public duties, law enforcement officers do not have a duty to retreat. It wouldn’t help anyone for an officer to leave the scene of a DUI because the driver took a swing at them. They are still expected to attempt to de-escalate a situation before resorting to non-lethal force unless one of the following occurs<\/a>:<\/p>\r\n