Does North Carolina Have a Self-Defense Law?

You want to believe you can protect yourself when danger comes your way, but you also may be wondering if you’re protected by the law in those situations, too. It begs the question: Does North Carolina have a self-defense law?

When it comes to using force to defend yourself from danger, there are specific rules to follow to ensure you protect yourself while still operating within the law. As a citizen, you have certain rights to protect yourself. If you’ve been filed against for what you deem was acting in self-defense, you can build a defense that secures you a more favorable outcome.

Self-Defense Laws in North Carolina

In 2023, there were 263,301 property crimes and 124,104 violent crimes reported in North Carolina. Since then, crime has still been prevalent across North Carolina. Burglary, larceny, fraud, and theft from vehicles are among the most commonly reported crimes across the state. Self-defense is a justifiable defense in situations when you’re feeling threatened or are under attack during these types of crimes.

Self-defense laws exist to protect people who are trying to stay out of harm’s way; they’re not meant to help bail out people who like to instigate conflicts. North Carolina is home to about 11,046,024 people, and it’s important to have laws in place to keep these people safe in any situation. There are three North Carolina General Statutes that make up the state’s self-defense law.

These statutes include:

• NCGS Section 14-51.2. Pertains to protections for your home, motor vehicle, and workplace. This law makes it legal to defend these assets when a person is in the process of unlawfully entering them.
• NCGS Section 14-51.3. Pertains to the use of force in defense of a person. This law allows the use of deadly force and negates a person’s duty to retreat in certain situations.
• NCGS Section 14-51.4. This pertains to cases where the use of defensive force, as outlined by the other two statutes, is not justified.

Understanding Stand Your Ground Laws in North Carolina

Over half of the states recognize some form of stand-your-ground laws. In North Carolina, it’s called the Castle Doctrine. The Castle Doctrine dictates when an individual can use deadly force to defend themselves, stating that a person who is on their own property, in their workplace, or in their vehicle does not have to attempt to escape a situation before resorting to using force.

Under this law, it is still illegal to use force against a law enforcement officer who is performing their official duties. The use of deadly force is also not justified if the victim of the deadly force had a right to be on the property, has stopped attempting to forcefully enter a space, or if the person using deadly force is the one who initiated the encounter.

Why Work With a North Carolina Criminal Defense Lawyer?

Everyone deserves to exercise their rights when it comes to protecting themselves, their family, and their property. Navigating North Carolina laws can be confusing and challenging, especially if you’re dealing with a complex criminal case. By working with a Charlotte criminal defense lawyer, you can rest assured you’re taking all the right steps to defend yourself in a court of law.

It’s highly recommended to work with a criminal defense lawyer even though you’re not legally required to do so. Odds are, the party filing against you has legal representation that is going to help them navigate the case.

As the defendant, you deserve to have that same right. A skilled attorney can help build your defense, represent you in court, provide sound legal advice, and answer any questions you may have along the way. Plus, they understand the nuances of self-defense cases and can help fight against common claims in court.

FAQs:

Q: Do I Have the Right to Defend Myself in North Carolina?

A: In North Carolina, you have the right to defend yourself, your family, and your property from immediate threats. When you use self-defense, you must use force proportionate to the threat you’re defending against. To be able to claim self-defense, you can’t be the instigator of the situation and must use a reasonable amount of force.

Q: What Does the Duty to Retreat Mean in North Carolina?

A: Duty to retreat means that when a person is faced with a threat, they must attempt to escape the situation before resorting to using force to defend themselves. The “stand your ground” law in North Carolina, also known as the Castle Doctrine, makes it so that you can use force in self-defense without the duty to retreat if you’re on your own property or in a place where you are legally allowed.

Q: When May I Use Deadly Force in North Carolina?

A: In North Carolina, you may use deadly force to prevent imminent death or great bodily harm to yourself or another person. To claim self-defense with deadly force, you cannot be the aggressor in the situation. This means you must prove that you were defending yourself from potential harm and had to use deadly force to keep yourself safe.

Q: What Is Imperfect Self-Defense in North Carolina?

A: Imperfect self-defense, also called partial defense, refers to a situation wherein a defendant uses force or deadly force based on their real but unreasonable belief of imminent danger. An imperfect self-defense plea can help to reduce sentencing by claiming that the defendant’s actions are at least somewhat justified based on their truly believing they were in danger.

North Carolina Defense Attorney

Whether you’re charged with a minor misdemeanor or a serious felony, it’s critical to understand your rights to protect yourself within the parameters of North Carolina law. Working with a Charlotte criminal defense lawyer can assess your case and improve your chances of a positive outcome in court.

At The Law Office of Kevin L. Barnett, we keep your interests at the center of our strategy so we can be sure to give you the optimal chance at a positive outcome in court. Reach out to our team to set up an appointment with one of our skilled attorneys today.