8a confusion

[nobigdeal508]

I understand that in MA if someone enters your home and you believe they are going to cause great bodily harm or kill you or your immediate family you are then supposed to have retreated to the furthest point in your home, correct?


So how does retreating to the furthest point; which to me is where ever i am when said person confronts me in my dwelling, relate to this from 8A. Specifically the last sentence.

"
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.

 

[headednorth]

IANAL, but I dont think theres a duty to retreat IN the home. But I think you do have to be in immediate fear of great bodily injury or death. Cant just blast away because someones in your home, in MA at least.

 

[nobigdeal508]

I know in MA you cannot legally hold someone in your home at gun point either, so if they break in you have to let them leave if they try to escape. Cant keep them there against their FREE WILL until the police arrive.

 

[ccm75]

What?

Who is telling you that you need to retreat?

http://www.goal.org/masslawpages/castledoctrine.html

Castle Doctrine

Massachusetts has a castle law that does not require a duty to retreat. Persons in Massachusetts can be criminally charged if they injure or kill an intruder. However, using force necessary to stop an offender who is reasonably believed to be intent on causing physical harm to anyone inside the residence is a justifiable defense. The statute states:

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.

 

[76Too]

What?

Yup...

you are also lawfully required to feed them milk and cookies until they calm down and/or the police arrive...comfort them, and make them feel loved...welfare checks and EBT just don't go as far as they used to.

-Mike

 

[Len-2A Training]

Under the RIGHT circumstances (determined by a DA, judge/jury or both) there is no need to retreat in your home. You still may be prosecuted and have to have your attorney make the claim that C 278 S 8A exemption (from conviction) applies.

 

[nobigdeal508]

Oh this state needs less chiefs...more indians.