The Brief
What You Need to Know. No More, No Less.
Can You Be Charged with a Crime of Self-Defense in Massachusetts?
Massachusetts recognizes self-defense but you can still be arrested and charged. Learn how the law works and how to build your defense.
Yes, you can be charged with a crime in Massachusetts even if you acted in self-defense. That surprises a lot of people, but it’s not uncommon.
Police often arrest first and let the courts sort it out. In a fight or confrontation, they may not know who started it, who escalated it, or whether force was necessary. If you admit to throwing a punch, pulling someone off you, or even using a weapon in defense, that can be enough to trigger a charge.
But being charged isn’t the same as being convicted.
Massachusetts law allows you to use reasonable force to defend yourself or someone else if:
- You reasonably believed you were in imminent danger of harm
- You used no more force than necessary
- You were not the initial aggressor (with some exceptions)
Self-defense is an affirmative defense, which means you admit to the act but argue it was justified. I’ve won cases by showing that the alleged “victim” was actually the aggressor, or that my client had no way to retreat and acted reasonably under the circumstances.
Self-defense cases turn on facts. Eyewitnesses, injuries, 911 calls, and surveillance footage can make or break them. If you're charged after defending yourself, the sooner we start building the case, the better.
What Happens If You’re Charged with Assault and Battery in Massachusetts?
Facing assault and battery charges? Learn what this charge means in Massachusetts and how a defense lawyer can help you avoid harsh penalties
Assault and battery is one of the most common criminal charges in Massachusetts—and one of the most misunderstood. You don’t need to cause an injury or even throw a punch to be charged.
Under Massachusetts law, you can be charged with assault and battery if you intentionally touch someone without their consent in a harmful or offensive way. Even pushing someone during an argument can lead to criminal charges.
The penalties depend on the circumstances. For a first-time misdemeanor, you could face up to 2.5 years in jail. But if the alleged victim is a family member, elderly person, or public employee, the charge is more serious. Some cases also involve separate charges like assault with a dangerous weapon or on a household member.
There are defenses. I’ve represented people accused of A&B after breakups, bar fights, traffic disputes, and false accusations. In many cases, we’re able to argue self-defense, lack of intent, or simply that the incident didn’t happen the way it was described.
If you’re facing assault and battery charges, don’t assume it’s just a misunderstanding. Get legal help fast.