Self-defense is the right to protect one’s self from being hurt. In these types of cases, the defendant admits to acts that would constitute a crime, but asserts that he is not guilty because he was legally justified. The burden is on the prosecutor to prove beyond a reasonable doubt that the defendant did not act in self-defense.

In homicide cases (cases where a death occurs), use of deadly force is justified when the defendant was under a reasonable apprehension that he was in immediate danger of death or great bodily harm and that he had no reasonable way to escape.

Whether or not the defendant’s apprehension was in fact reasonable is determined on the facts known to the defendant at the time he killed the other person. Hindsight is 20/20, so the test is not what the facts are later proven to be. Even when there was no actual danger, apprehension of death or bodily harm can still be reasonable.

The danger feared by the defendant must have been immediate. This means that there must have been some kind of threat against the defendant in the form of an overt act and not merely a distant possibility. That danger must also have been of death or great bodily harm. Fear of a minor injury won’t suffice.

In Massachusetts, individuals can’t use deadly force in self-defense until they try to escape the danger by all reasonable means available to them (unless they are lawfully in a dwelling and believe that someone unlawfully in the dwelling is about to kill or seriously injure them).

Use of excessive force in self-defense can reduce murder to manslaughter. This is because the provocation triggering the self-defense is enough to mitigate the gravity of the killing.

Speak With an Experienced Criminal Defense Attorney Today at 617 492 3000 or 800 481 6199

The defenses in homicide cases are extremely complex. Because homicide charges are so serious, it is important to retain a top-notch criminal defense attorney who has a complete understanding of all of the intricacies in the law. The criminal defense practice of Altman & Altman LLP has a team of attorneys with decades of experience dealing with homicide cases. With our former senior prosecutors, we know the law from both sides. We will work aggressively to get the best possible outcome for you.

Call the criminal defense attorneys of Altman & Altman at 617.492.3000 or 800.481.6199 toll-free, or contact us online for a free consultation. We can start explaining your rights and potential defenses as soon as you do.