Stand Your Ground Law in North Carolina. Knowing when and how to defend your family and yourself in the event of an assault, threat, or provocation can be difficult. You should be aware of North Carolina’s stand your ground statute if you reside in Mecklenburg County, particularly if you have been accused of a crime and feel that you were protecting yourself or your loved ones. Our knowledgeable staff of criminal defense attorneys is available to address your concerns and put together a strong defense plan.
What Is North Carolina’s Stand Your Ground Law?
North Carolina passed a stand-your-ground law in 2011, just like many other states. People have the right to use lethal force to protect themselves in their homes, cars, and places of employment under N.C.G.S. 14.51.3. In either of these circumstances, they are free to use lethal force and are not required to flee wherever they are legally:
- They logically think that using force is required to keep themselves or another person from suffering severe physical injury or dying soon.
- They are in their house, car, or place of employment, and they or someone else is in immediate danger. The Castle Doctrine is the name given to this.
There are instances in which a person is not allowed to defend themselves, just like with many other laws. You can’t use deadly force against:
- law enforcement personnel, including police officers, who have shown their identities and are operating in their official roles.
- bail bondsmen who are operating in their official capacity after identifying themselves.
- landlords who are legally permitted to be in the location where the person is, like an office or rental house.
Furthermore, the use of lethal force is prohibited in two further circumstances:
- Someone is committing a felony, trying to commit one, or fleeing after committing one.
- The individual withdraws or ceases their menacing actions.
How the Stand Your Ground Law Differs From Self-Defense Laws
The self-defense statute in North Carolina did not grant people the same rights to defend others or oneself. Residents of North Carolina were required to flee an attacker before utilizing lethal force against them prior to the implementation of the stand your ground statute. They might be charged with assault, battery, or manslaughter or murder if the victim died if they did not flee when it was safe to do so.
Furthermore, our state’s self-defense laws permit varying degrees of force. Only when defending oneself or others could one use fair force. For instance, they could strike back if someone punched them. However, when defending themselves, they were not allowed to employ a gun or any other lethal force that was larger than the force used against them.
Our Stand Your Ground Law May Be Changed
Given the numerous instances in which people have been prosecuted with felonies for using excessive force to defend themselves, North Carolina’s stand your ground law may be modified. Our legislature will be debating the “Gun Safety Act” in 2023. It would totally take away someone’s ability to employ lethal force at home, in their car, or at work.
The stand your ground law would be repealed by another proposed bill, which would reinstate North Carolina’s previous self-defense statute, which mandated that an individual must try to flee before resorting to force. Nonetheless, the Castle Doctrine would remain in effect, allowing the use of force—even lethal force—in a person’s house, car, or place of employment.
How to Know if the Stand Your Ground Law Applies in Your Case
To determine whether North Carolina’s Stand Your Ground legislation can be used in your defense, you will need the help of an experienced criminal defense attorney who is familiar with the legislation. Other defenses that can assist you defend the charges you face can also be found by an attorney. If you wish to try to get the charges dropped or downgraded to a less serious offense, you must have an experienced criminal defense lawyer on your side.
