Massachusetts may be one of the most liberal states in the country, but a resident may still stand his ground against anyone who unlawfully invades his residence.
Under the so-called “castle rule”:
A person lawfully occupying a house, apartment or other dwelling is not required to retreat from or use other means to avoid combat with an unlawful intruder
Model Jury Instruction 9.260
For the defense to be valid, the homeowner must reasonably believe that the intruder is about to inflict “great bodily injury or death on him” and the homeowner uses only reasonable force to defend himself.
So what constitutes a “dwelling”? Under Massachusetts law, a dwell is where the occupant resides with “a right of exclusive control.”
According to this definition, any of the following may constitute a “dwell”:
- houses,
- apartments,
- hotels,
- boarding houses,
- dormitories,
- hospitals,
- institutions,
- sanitoriums, or
- any other building where a person might reside.
The “castle rule” does not extend to common areas (such as hallways) shared with others.