Self-Defense Laws in North Carolina
Whether North Carolina has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily… N.C. Gen. Stat. § 14-51.3
| Stand your ground / duty to retreat | North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another, or under the circumstances permitted by G.S. 14-51.2 (home, motor vehicle, workplace). A person who uses force as permitted is justified and is immune from civil or criminal liability for the use of such force, except against a law enforcement officer or bail bondsman lawfully acting in the performance of official duties who identified himself or herself as required, or whose status the person knew or reasonably should have known. Source: N.C. Gen. Stat. § 14-51.3 |
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| Castle doctrine (defending your home) | A lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm when using defensive force intended or likely to cause death or serious bodily harm, if the person against whom force was used was in the process of unlawfully and forcefully entering (or had entered) and the occupant knew or had reason to believe that was occurring (§ 14-51.2(b)). The presumption is rebuttable and does not apply in listed cases, including where the person against whom force is used has a right to be there (such as an owner or lessee with no protective order against them), is a child or grandchild or in the lawful custody of the defender, where the defender is engaged in a violent crime, against a lawfully acting officer or bail bondsman who identified themselves, or after the intruder has discontinued all efforts to unlawfully and forcefully enter and has exited (§ 14-51.2(c)). A person who unlawfully and by force enters or attempts to enter a home, motor vehicle or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence (§ 14-51.2(d)). The occupant does not have a duty to retreat from an intruder (§ 14-51.2(f)) and is immune from civil or criminal liability for force used as permitted (§ 14-51.2(e)). Source: N.C. Gen. Stat. § 14-51.2 |
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- Violating a Protective Order in North Carolina
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FAQ
Is North Carolina a stand your ground state?
North Carolina has a stand-your-ground statute. A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another, or under the circumstances permitted by G.S. 14-51.2 (home, motor vehicle, workplace). A person who uses force as permitted is justified and is immune from civil or criminal liability for the use of such force, except against a law enforcement officer or bail bondsman lawfully acting in the performance of official duties who identified himself or herself as required, or whose status the person knew or reasonably should have known.
Does North Carolina have a castle doctrine?
A lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm when using defensive force intended or likely to cause death or serious bodily harm, if the person against whom force was used was in the process of unlawfully and forcefully entering (or had entered) and the occupant knew or had reason to believe that was occurring (§ 14-51.2(b)). The presumption is rebuttable and does not apply in listed cases, including where the person against whom force is used has a right to be there (such as an owner or lessee with no protective order against them), is a child or grandchild or in the lawful custody of the defender, where the defender is engaged in a violent crime, against a lawfully acting officer or bail bondsman who identified themselves, or after the intruder has discontinued all efforts to unlawfully and forcefully enter and has exited (§ 14-51.2(c)). A person who unlawfully and by force enters or attempts to enter a home, motor vehicle or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence (§ 14-51.2(d)). The occupant does not have a duty to retreat from an intruder (§ 14-51.2(f)) and is immune from civil or criminal liability for force used as permitted (§ 14-51.2(e)).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.