Although Massachusetts does not have the strongest self-defense laws in the nation, one can still legally fight back against an attacker. If there are no other options remaining, one might even be justified in using deadly force. But if you want to defend yourself, you must do so in the heat of the moment. A recent case shows that when you go home and plot a retaliatory attack, you lose your right to self-defense in Boston.
Man Faces Gun Charges After Police Catch Him Before Alleged “Retaliatory Attack”
In late December of 2024, numerous sources reported that a man had been arrested with a fully automatic handgun in Boston. Police say that they caught the man as he was on his way to carry out a retaliatory attack on a group of individuals who had previously assaulted him. They say that their “Youth Violence Strike Force” received news of this initial assault and subsequently determined that the victim was planning to retaliate.
They then spotted the defendant walking in the street with a “prominent bulge” in his clothing, and they carried out a pat-frisk. During the search, detectives found a firearm with destroyed serial numbers and a “switch” mod. This type of modification provides handguns with full-auto capabilities. Police also found Oxycodone pills on the defendant.
What Would Have Happened if the Defendant Had Retaliated Immediately?
Suppose the defendant had retaliated immediately after being assaulted by the group of assailants. What would have happened? He would probably attempt to argue self-defense, as being surrounded by multiple assailants obviously prevents a victim from fleeing.
The real question is what would have happened if this man had defended himself using his illegal, fully automatic handgun. In this type of situation, a defendant may still be able to argue self-defense – even when using a highly illegal weapon. Even if they avoided murder charges, however, they would still face consequences for machine gun possession.
Interestingly, a report by 25 News does not indicate that the defendant is facing attempted murder or conspiracy charges. Instead, he is facing numerous firearms offenses – including possession of a machine gun and possession of a large-capacity magazine.
No Word on Whether the Assailants Were Arrested
It is also interesting to note that among the reports of this arrest, none provide any details on the initial assault. One would think that the people who assaulted this man would also be arrested and charged, but there are few details about these assailants. One report simply stated that prosecutors “declined to comment” on the initial assault, which is reportedly gang-related.
Can a Defense Attorney in Boston Help Me?
If you have been accused of planning or carrying out a retaliatory attack on someone, consider speaking with an experienced defense attorney in Boston. These legal professionals may be able to mitigate your penalties – even if arguing self-defense is impossible. To learn more about your legal options, consider a consultation with Edward R. Molari today.