To ensure that a defendant receives a fair trial, judges instruct juries to consider the amount of time the defendant had to act and the emotional strain he was under when he reacted.
If you were required to defend yourself or loved ones against an assailant and now find that you are charged with a crime, contact a skilled Massachusetts criminal defense lawyer. Kevin J. Mahoney is a Massachusetts criminal defense lawyer , author of Relentless Criminal Cross-Examination , and on-air legal analyst. If you have been accused of a violent crime, but you were acting in self-defense, call us at to schedule a free in-office consultation with Attorney Mahoney.
For a Free in-office Consultation Call Mahoney Joan M. Massachusetts Self-Defense Law Basics Under Massachusetts law, if you are attacked or reasonably believe that you are about to be attacked, placing your physical safety in immediate danger, you have a right to defend yourself.
For the Court to accept the defense, the defendant needs to prove that a threat took place. It means that fighting back an unarmed home intruder with twice as much effort, such as shooting them down multiple times, will be seen as excessive. But if you catch an intruder holding a gun, then you can fight back armed as well.
Even if later on the weapon they were holding turned out to be fake, you are still deemed innocent because there was a perceived threat that was present. Meanwhile, initiating self-defense that does not equate to the threat in front of you can be considered imperfect self-defense.
No law permits anyone to attack another person without a valid reason. At the same time, the consequences for any individual who uses lethal force within a stand your ground state will depend on the severity of the situation. If you get caught in a situation that leaves you facing an attacker, helplessly protecting your life, and seeking answers in Court, getting a criminal defense attorney is necessary to ensure you get the justice you deserve.
Are you looking for the best lawyers in Boston to defend your rights? The Fernandez Firm offers outstanding services for all kinds of criminal defense to clients in need. Massachusetts is a duty to retreat state, which means that you cannot use deadly force even in self-defense if you can reasonably avoid harm by retreating such as running away. If, however, you are cornered, or otherwise unable to retreat, you are legally allowed to use deadly force if your life is threatened.
And now, we come to the castle doctrine. I have no relationship whatsoever with Altman. Massachusetts should at least give us the right to protect our lives and property before we need to virtually retreat from our homes. This is so pathetic, our laws are so disgraceful, they need to be changed now to protect the law-abiding citizens versus protecting the criminals.
It says a lot for them by NOT trying to protect their constituents and just the criminals. Sorry , an error occurred. Get Started.
Log In. You are logged in. Switch accounts. Offers go here. We have been protecting the rights of individuals charged with crimes for more than 50 years. It is our goal to protect your rights, reputation, and freedom. Our experienced, knowledgeable attorneys will fight tirelessly to keep you out of jail and to keep your record clean.
We will position you for the most favorable outcome possible and remain by your side throughout the entire process. Free Consultation: Boston Criminal Lawyer Blog.
0コメント