Good day, Mark Edwards here. Today I want to outline the important differences between the law of self-defense and Castle Doctrine in North Carolina.
In North Carolina, a person may use deadly force or threaten the use of deadly force against another if they reasonably believe that such force is necessary to prevent death or great bodily harm to himself, herself, or another. If the person who uses deadly force is charged with a crime, their use of force will be judged under a “reasonable person” standard. In other words, the fact finder (be that a judge or a jury) will decide if the person’s use of force was objectively reasonable.
So, it is not enough that the person using the force subjectively felt they were under imminent threat of death or great bodily injury; it is what a “reasonable” person would have believed under those same circumstances.
Presumptions
When a person is in their castle, the Castle Doctrine gives that person two important presumptions. A “presumption” is a rule of law, by which the finding of a basic fact gives rise to the existence of the presuming fact, unless and until the presumption is rebutted.
The first presumption is that the lawful occupant of a home, motor vehicle, or workplace is presumed to have a reasonable fear of imminent death or great bodily harm when using defensive force that is likely to or intended to cause death or serious bodily harm to another, if the following two conditions apply:
- The person against whom the force is used was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person was attempting to kidnap someone from the home, motor vehicle, or workplace.
- The person using defensive force knew or had reason to believe that an unlawful and forcible entry or an unlawful and forcible act was occurring or had occurred.
The second presumption is that the person who unlawfully or by force enters or attempts to enter your home, occupied vehicle, or workplace is doing so with the intent to commit an unlawful act involving force or violence.
The importance of these presumptions cannot be overstated.
What Constitutes a “Castle” in North Carolina?
A home, a motor vehicle, and one’s workplace. These places, or “castles,” are specifically defined in the North Carolina General Statutes.
It is important to note that the Castle Doctrine presumptions can be overcome. Also, the statute specifically excludes the applicability of the presumptions against certain enumerated persons, and it is inapplicable if the person using the force is engaged in criminal conduct.
For any questions regarding self-defense issues in the State of North Carolina, contact U.S. LawShield and ask to speak to your Independent Program Attorney.
If a mob is throwing incendiaries at your house and you have children inside are you able to use deadly force to prevent those from throwing the incendiaries or do you have to just abandon the house and run outside into the mob?
First, I am not an Attorney, but from the language used above in the “Presumptions” paragraph, the answer would be NO to the use of deadly force in this event based on the key word “enter” or “entering”
I am bothered by the lack of “common sense” in legal language. No matter how a rule is interpreted, saving my children from burning to death is priority, Personally, I would shoot at the threat before letting my children die in such a way.
If someone was setting your house on fire and children or yourself was inside, you have every right to shoot them because your life is being threatened