B-Roc- t1_j9f7lwb wrote on February 21, 2023 at 2:18 PM

Reply to comment by UltravioletClearance in whos at fault if someone antagonize you into a fight and you do it? by darksider54

Are you sure about that? I thought your statement only applies in a Stand Your Ground state? Pretty sure I recall incidents where home invaders in MA have sued the home owners successfully for injuries they incurred when the homeowner beat them out of the house. FWIW, I'm no lawyer so I'm not challenging you. Just questioning.

MrShotgunxl t1_j9fyvub wrote on February 21, 2023 at 5:23 PM

Yeah I think it’s called the Castle Doctrine. Gives you the right to defend your home - MA does not abide. https://wisevoter.com/state-rankings/castle-doctrine-states/

bleepbloopbluupp t1_j9g4s0s wrote on February 21, 2023 at 6:00 PM

There is Castle Doctrine in MA

DRZ36 t1_j9gh0p7 wrote on February 21, 2023 at 7:47 PM

Not sure why you’re getting downvoted, this is correct. Section 8A says:

Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.

bleepbloopbluupp t1_j9h1dm9 wrote on February 21, 2023 at 10:36 PM

Probably for the same reason you are being downvoted.

MrShotgunxl t1_j9ghy3x wrote on February 21, 2023 at 7:55 PM

It’s complex, the key phrase is “about to inflict great bodily injury…”. Also, castle doctrine is not one specific law it is several laws that states use. In a castle doctrine state, you can shoot someone in your house regardless of whether you believe you’re in immediate danger. What you stated may be considered a piece of castle doctrine, but compared to other states it’s much more restrictive here. If you shoot a burglar on sight in Massachusetts, or beat him, and he was unarmed you are in potentially serious trouble if he is injured enough that he can’t walk away. It would be different in a state with true castle doctrine laws.

revjoe918 t1_j9g4il9 wrote on February 21, 2023 at 5:59 PM

We have castle doctrine in Massachusetts, in your house their is no duty to retreat, but Massachusetts is a ass backwards state and though possibly not criminally liable (which is beyond a reasonable doubt) you may be civilly liable (which threshold is much lower to convict as more likely than not)