Does North Carolina Have a Self-Defense Law?

Some North Carolina residents may ask, “Does North Carolina have a self-defense law?” Many of these citizens may fear for their safety if they are ever attacked in their homes or while on an outing. Unfortunately, all crimes are not as simple as we think they should be. Sometimes, a person claims they acted in self-defense, but the situation is more complex.

Does North Carolina Have a Self-Defense Law?

Yes, North Carolina does have a self-defense law. If someone’s coming at you (or someone near you) with bad intentions, you are allowed to defend yourself. This can include pushing someone out of the way to stop them from causing you or someone else harm.

In some situations, you may be fearing for your life or well-being. If you truly believe you (or someone else) are about to be in major danger, then you are permitted to use deadly force. Even firing a gun might be necessary to stop your assailant and save yourself. However, you’ve got to be in a place where you’re allowed to be—whether it’s your own property or some other legally allowed space.

In these cases, the law also protects you. If you use force in self-defense, you usually cannot have a claim filed against you or be charged with a crime. However, you will not have the same legal security if the person you hit was a police officer or bail bondsman who was just doing their job.

Examples of Acceptable Self-Defense

Generally, if your or someone else’s life is in danger, you have the right to reasonably defend yourself against that danger.

Let’s say you are walking home, and someone grabs you or tries to take your belongings from you. You’re allowed to attempt to stop them. This can mean shoving them or pushing them away from you. In this case, you’re using reasonable force to protect yourself and your stuff. As long as it’s enough to stop the threat and get out of there, you are acting within the law.

Another example could be that you’re at a relative’s house when an argument breaks out between you and another person. Someone takes a swing at you. If you defend yourself with a punch to get them to back off, that can be considered within reason. You don’t have to be in your own home to defend yourself—if you’re somewhere you’re allowed to be, you’re allowed to stand your ground.

In a more extreme example, suppose that someone pulls a knife or gun on you. This has now escalated to a life-or-death situation. If you believe your life is at risk, you are allowed to use force to stop it. This may include using pepper spray or other forceful means, such as a firearm, to save your life.

When Can I Not Use Self-Defense?

There is a fine line between self-defense and being excessive or unnecessary. There are a few situations where you may not be allowed to use self-defense as a justification for your actions. Some of these include:

• You started the fight. Self-defense means you were defending yourself against an attack that you didn’t mean to happen. If you throw the first punch, you don’t have the right to use self-defense, even if things get worse later.
• The danger is not immediate. If the danger isn’t happening right now, you can’t defend yourself. As an example, you can’t use self-defense if someone says they will hurt you next week, and you decide to hurt them now first. The danger must be present right now. If the danger is in the future, you must deal with it in a different way, such as by calling the police.
• Using too much force. You can only use as much force as is needed to stop the threat. That means you can’t pull out a gun or use dangerous force if someone lightly shoves you. How much force you use should depend on how dangerous the situation is.
• Responding after the fact. Self-defense only works in the present. For instance, if someone attacks you and then the threat stops, like if they run away or the situation calms down, you cannot later go after them or hit them back and still claim self-defense.

FAQs

Q: Is North Carolina a Stand-Your-Ground State?

A: Yes, North Carolina is a stand-your-ground state. If you’re somewhere you have the right to be, you don’t have to back down before using force, even deadly force, to protect yourself or others from an immediate threat of serious harm or death. If you think it’s needed to avoid getting hurt, you can legally hold your ground.

Q: Can You Protect Your Property With Deadly Force in North Carolina?

A: Most of the time, you can’t use deadly force to protect property in North Carolina. You can only use deadly force if you have a good reason to think it’s needed to keep someone from being killed, such as yourself or your family. In some situations, like during a home invasion, protecting property could turn into a need for deadly force. However, property defense by itself doesn’t meet that threshold.

Q: Does North Carolina Have a Concealed Carry or Open Carry Law?

A: North Carolina has both an open carry and a concealed carry law. Citizens are allowed to concealed carry with a permit, and they can open carry without one. However, there are restrictions on where one may carry a firearm, and local governments can prohibit it on certain public property. Additionally, one cannot carry in government buildings, such as schools. A Charlotte criminal defense lawyer can explain your rights to carry firearms in greater detail.

Q: Does North Carolina Have the Right to Bear Arms?

A: Yes, both the state constitution and the Second Amendment of the U.S. Constitution provide the right to bear arms in North Carolina. People can own and carry guns, but there are some rules to follow, like getting background checks for buying handguns and permits for concealed carry. In short, people can own guns, but there are some rules, especially for people with a criminal history.

Contact Us Today

If you have been charged with a crime but acted in self-defense, The Law Office of Kevin L. Barnett can help. Contact us today to get started.