Is North Carolina A ‘Stand Your Ground’ State?

North Carolina is a “stand your ground” state. That means under certain circumstances, individuals are legally allowed to use force — including deadly force — to protect themselves or others, without a duty to retreat.

However, these laws are not blanket protections. Whether your actions are legally considered self-defense will depend on your intentions, the level of threat, and the surrounding facts. If you’re charged with a crime after defending yourself, your best option is to work with an experienced criminal attorney in Charlotte, NC.

What is the ‘Stand Your Ground’ Defense in North Carolina?

Under North Carolina General Statute § 14-51.3, a person is justified in using non-deadly force when they reasonably believe it’s necessary to defend themselves or someone else against the imminent use of unlawful force.

When Is Deadly Force Allowed?

Deadly force is justified without a duty to retreat if both of the following are true:

• You have a legal right to be where you are, and
• You reasonably believe deadly force is necessary to prevent imminent death or great bodily harm to yourself or another person

This legal protection also applies to your home, vehicle, or workplace. This is sometimes referred to as the Castle Doctrine.

When Is Deadly Force Is Presumed to Be Justified?

Under North Carolina General Statute § 14-51.2, deadly force is presumed to be legally justified if you are lawfully inside your home, vehicle, or workplace and someone is unlawfully and forcefully entering, has already entered, or is trying to remove another person against their will. This presumption also applies when you are aware that a forcible and unlawful act is occurring or has already taken place.

When Does Self-Defense Not Apply in North Carolina?

Even in a stand your ground state like North Carolina, the right to use force comes with important exceptions. Self-defense does not apply when:

• The person you used force against was a law enforcement officer or bail bondsman performing their lawful duties, and you knew or should have known their identity
• You were engaged in a felony involving force, or using the location to commit or escape a crime
• The other person had already withdrawn from the encounter, and the threat had ended
• The individual you used force against was a child, grandchild, or someone legally in the custody of the person you’re confronting

You Can Lose Self-Defense Protections If You Started the Fight

The law limits your ability to claim self-defense if you provoked the confrontation, committed a felony, or were fleeing from one when the incident occurred. Initiating the conflict can disqualify you from asserting self-defense, especially if your actions escalated the situation or were part of criminal conduct.

Exceptions: When You Can Still Claim Self-Defense in North Carolina

Even if you started the altercation, you may still claim self-defense if the other person responded with force so severe that you reasonably believed you were in immediate danger and had no safe way to retreat. Similarly, if you clearly communicated your intent to withdraw from the conflict but the other party continued their attack, your use of force may still be considered justified under the law.

Civil and Criminal Immunity for Self-Defense Claims in NC

If your use of force meets North Carolina’s legal standards for self-defense, you may be immune from both criminal prosecution and civil lawsuits. However, this protection isn’t automatic. You and your attorney must present facts and evidence showing that your actions were reasonable and necessary in response to a genuine threat.

Self-Defense Is an Affirmative Defense in North Carolina

Self-defense is an affirmative defense in North Carolina. That means:

• You’re not denying that the act happened
• You’re claiming your actions were legally justified

Because you’re not disputing the basic facts, you’re taking on the responsibility to prove that your actions were reasonable and necessary.

If a judge or jury determines otherwise, you could be convicted of a serious crime, even if you believed you were protecting yourself. What matters most is whether your actions were reasonable based on the facts.

Does ‘Stand Your Ground’ Apply?

Were you reasonable when deciding:

• You were going to be the victim of immediate, unlawful force?
• Was deadly force necessary to prevent imminent death or great bodily harm to yourself or another?

Why did you think so?

• Was the person just argumentative, or were you threatened?
• Were you shown a weapon?
• Why did you expect this person to be violent?

Whether or not the other person forcefully entered, had entered, or was trying to enter can trigger this defense. The fact a person is on your property doesn’t mean they’re illegally entering or attempting to enter your home. Shooting first and asking questions later could put you in prison.

Charged After Defending Yourself in Randall Law? Call Randall Law Today

Self-defense is not a guaranteed shield against prosecution. Even if you were protecting yourself, the law requires that your actions meet specific standards.

If you believe you acted in self-defense, your best option to prove it is by working with an experienced defense attorney in Charlotte, North Carolina.

At Randall Law, we can help by reviewing your situation, explaining your options, and ensuring you get the chance to tell your side of the story. We will always tell you the truth and give you the respect you deserve.

Call (980) 237-4579 or contact us online for an initial case evaluation.