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UltravioletClearance t1_j9f3sol wrote

Reply to comment by Adorable_List3836 in whos at fault if someone antagonize you into a fight and you do it? by darksider54

>Same thing at home, if someone breaks in and threatens you you’re supposed to get out if you can, if you’re cornered and have no other option then you can stab them in the face with a soldering iron.

Most of what you said is correct except this part. The inside of your home is the only place you don't have a duty to retreat before using force against an attacker.

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B-Roc- t1_j9f7lwb wrote

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.

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MrShotgunxl t1_j9fyvub wrote

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/

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bleepbloopbluupp t1_j9g4s0s wrote

There is Castle Doctrine in MA

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DRZ36 t1_j9gh0p7 wrote

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.

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MrShotgunxl t1_j9ghy3x wrote

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.

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revjoe918 t1_j9g4il9 wrote

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)

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