Knowing when you are allowed to use self-defense isn’t always obvious, and if you are facing criminal charges for assault and battery or another violent crime, you may be wondering whether self-defense is a viable defense in your case. At The Law Office of Paul R. Moraski, we can help you to understand defenses to the charges you’re facing, as well as when self-defense can be employed. Call us today for a consultation to learn more.
Massachusetts Rules on Self-Defense
Generally, a person maintains the right to act in self-defense when they are the victim of a physical attack. However, the amount of force that the person is allowed to employ in their defense, as well as when the defense is permissible, can be more difficult to understand. According to jury instructions provided by Massachusetts courts, “The lawful exercise of self-defense arises with necessity and ends when the necessity ends. An individual may only use force sufficient to prevent occurrence or recurrence of the attack.”
When Do Self-Defense Rules Apply?
Based on the above, which does leave some room open for interpretation, it’s best to work with an attorney to understand whether the action you took could be classified as self-defense. In general, examples of self-defense might include:
- Using reasonable force to defend yourself if you’re attacked
- Using deadly force to defend yourself if you were in imminent harm and believed you could only protect yourself by using deadly force
- Responding in the moment to an accurate act of force, such as being attacked randomly
Under Massachusetts law, you’re first required to attempt to retreat before resorting to force. Sometimes, retreat is not possible, but if it is, you are required to attempt this first. This law does not apply if you are in your own home.
It might be harder to prove self-defense if:
- You used force that another person might classify as “unreasonable” in response to the degree of force that was used against you.
- Your defense was premeditated and did not occur in the moment, or did not meet the “necessity” threshold explained above.
Challenges to Self-Defense Claims
If you are claiming self-defense, the prosecution pursuing criminal charges against you may argue:
- You initiated the violence and therefore were not defending yourself.
- You used a degree of force that was unreasonable in comparison to the degree of force used against you.
- You did not attempt to retreat before defending yourself.
Strategies if You’re Claiming Self-Defense
If you are claiming self-defense, it’s important to know how to best support your claim. Evidence that the other party initiated the defense and that you were in danger will be important, which could take the form of eyewitness testimony or video or photographic evidence. Character statements that support that you are not a violent person can also be helpful.
Importantly, you should also have an attorney by your side when building and presenting your defense. Your attorney will know how to shape your defense to make it as strong as possible, and will advocate for you along the way.
Call The Law Office of Paul R. Moraski Today
To learn more about your legal options and how an attorney can help, call The Law Office of Paul R. Moraski directly today. You can reach us at (978) 397-0011 or by filling out the contact form on our website. We have years of experience and will aggressively represent you.