Massachusetts does not have a “stand your ground” law. Instead, it generally imposes a duty to retreat. This means that if you are outside your home and can safely avoid a confrontation by retreating, you must do so before using deadly force.
Duty to Retreat:
Massachusetts law emphasizes the need for individuals to attempt to avoid or escape potentially violent situations before resorting to forceful defense strategies, especially deadly force. Failure to retreat when a safe opportunity arises could jeopardize one’s claim of self-defense. This duty to retreat is a key difference between Massachusetts law and states with “stand your ground” laws.
Castle Doctrine:
An exception to the duty to retreat exists within your own home, due to the “castle doctrine”. When you are lawfully occupying your dwelling, such as a house or apartment, you are not required to retreat before using force in self-defense. For the castle doctrine to apply:
- You must reasonably believe the intruder is about to inflict serious bodily injury or death on you or anyone lawfully on the property.
- You must use reasonable means to defend yourself and others in the dwelling.
Massachusetts General Laws Chapter 278 Section 8a clarifies that an occupant of a dwelling has no duty to retreat from a person who is unlawfully in the dwelling before using force, including deadly force, when it is justified under the law. This applies even if someone is assaulted or threatened in their home by a lawful visitor.
Stand Your Ground Laws Elsewhere:
In contrast to Massachusetts, “stand your ground” laws in other states eliminate the obligation to retreat. They allow individuals to use deadly force in self-defense in public, even if that force can be safely avoided by retreating or when nonlethal force would suffice. These laws provide individuals more autonomy and flexibility by removing the duty to retreat.
Sources:
- https://josephmpacellaspringfield.com/blog/what-are-the-rules-on-self-defense-in-massachusetts/
- https://thefernandezfirm.com/castle-doctrine/
- https://www.bbc.com/news/world-us-canada-65282084
- https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
