Self-Defense

Learn what Massachusetts law says about self-defense.

Castle doctrine

Massachusetts recognizes a limited form of castle law that applies only within a home, or "dwelling", and only under specific conditions. Unlike “stand-your-ground” states, Massachusetts generally imposes a duty to retreat outside the home and does not provide blanket immunity for use of force.

Massachusetts’ castle law is codified in two parallel statutes, one civil and one criminal.

Civil liability protection

Under Massachusetts law, a lawful occupant of a dwelling is not civilly liable for injury or death to an unlawful occupant if all of the following are true:

• The lawful occupant was inside the dwelling at the time of the incident;
• The person injured or killed was unlawfully in the dwelling;
• The lawful occupant reasonably believed the unlawful occupant was about to inflict great bodily injury, or death upon the occupant or another lawful occupant; and
• The lawful occupant used reasonable means to defend against that threat.

Importantly, the statute explicitly states that there is no duty to retreat from a person unlawfully in the dwelling.

Criminal defense

In a criminal prosecution for killing or injuring a person unlawfully in a dwelling, Massachusetts law provides a statutory defense if the same core elements are met:

• The defendant was an occupant of the dwelling;
• The defendant was inside the dwelling at the time;
• The person injured or killed was unlawfully present;
• The defendant reasonably believed the unlawful occupant was about to inflict great bodily injury, or death upon the defendant or another lawful occupant; and
• The defendant used reasonable means of defense.

As with the civil statute, there is no duty to retreat from an unlawful intruder inside the dwelling.

Citations

Justified use of deadly force

Massachusetts does not have a general “stand your ground” law. The justified use of deadly force is governed primarily by common law, as explained to juries through the Model Jury Instructions, with limited statutory exceptions.

Deadly force is justified only under narrow circumstances. Generally, in a given self-defense scenario where deadly force was used, the following criteria must all be true:

• You must have believed there was immediate danger of death or serious bodily harm
• You must have taken reasonable steps to avoid combat
• You must have used a proportional level of force
• You must not have been the first aggressor or initiator

Determining whether the use of deadly force is justified in a given situation in Massachusetts is complex and highly fact-specific. Small details can significantly affect whether force is considered lawful. Please review the Model Jury Instructions linked below for a complete and authoritative explanation of how these rules are applied.

Jury instruction 9.260A-9.263

Discharging a firearm

A person may not discharge a firearm within 500 feet of a dwelling or other building in use without the consent of the owner or legal occupant of that building. This does not apply to:

• The lawful defense of life or property
• Law enforcement officers acting in the course of their official duties
• Blank cartridge discharges for theatrical, athletic, ceremonial, or similar purposes
• Dwellings or buildings located on the same property as shooting ranges, with consent of the owner of the land the range is on.