Guide to the Stand Your Ground Law in NC

You’re at home, enjoying a quiet evening, when suddenly, you hear the sound of breaking glass. Your heart races as someone enters your house uninvited. As you grab your registered handgun, in that moment of fear, you wonder, Does NC have a stand your ground law?

The answer is yes, giving you critical protections in situations like this, but understanding the law is key to safeguarding your rights. Below, we explain what you need to know about standing your ground in the Tar Heel State. If you still have questions about your rights, call Tetterton Law Firm today!

Is North Carolina a Stand Your Ground State?

Like many other states, NC is a stand your ground (SYG) state. However, it’s important to distinguish between standing your ground and general self-defense.

Self-Defense

Self-defense includes the concept of using reasonable force to protect yourself or others against an imminent attack or danger. However, with self-defense, depending on the situation, you may need to retreat if it is safe to do so. In other words, if it is safe to walk away, you need to do so before using force to defend yourself. While self-defense does not provide immunity, it is a defense used during criminal proceedings.

Stand Your Ground

This law removes the duty to retreat when faced with an immediate threat in certain areas where you have a legal right to be, like your home or car. It provides legal immunity in certain justified cases, which means you cannot be prosecuted for standing your ground under the law.

Essentially, SYG laws broaden the scope of self-defense, especially when retreating is not practical or possible. Knowing the distinction is crucial, but when exactly are you protected under this law?

What Is the Stand Your Ground Law in NC?

North Carolina’s stand your ground law allows you to use force, including deadly force, without retreating when you face immediate danger. This law applies when you’re in a place where you have a legal right to be, such as your home, car, or workplace. 

To be protected under the law, your actions must meet specific criteria, including:

• Your lawful presence in the location where the incident occurs,
• The absence of provocation on your part, and
• A reasonable belief that the use of force is necessary to prevent imminent harm, death, or great bodily injury.

While this law protects your right to act decisively in dangerous situations, it is not a free pass for violence. Missteps or misunderstandings can result in criminal charges.

Exceptions to the Stand Your Ground Law in North Carolina

While the law offers broad protections, there are limits. You cannot claim these protections if:

• You provoked the altercation;
• You were engaged in illegal activities at the time of the incident; 
• The perceived threat was not immediate or reasonable;
• The person you’re engaging with is a law enforcement or other public officer doing their duty; or
• If the aggressor begins retreating, you need to stop the use of deadly force.

You also cannot use deadly force if the person knocks on your door and requests entry. This could change if, at some point, you develop a reasonable belief they are there to harm you or someone else.

Why Does Understanding Stand Your Ground Law Matter?

Misunderstanding your rights under these protections can lead to serious consequences, including criminal charges. For example, using excessive force or acting without a reasonable belief of threat could undermine your defense. A skilled criminal defense attorney can evaluate your case to assess whether your actions align with the law. If so, they will work to protect you from wrongful prosecution.

Questions About Your Rights? Tetterton Has Answers

Whether you’re protecting yourself in your house, vehicle, or place of employment, we’ll be there for you with empathy and knowledge. At Tetterton Law Firm, PLLC, we focus on defending your rights, educating you on your legal options, and constructing a solid defense to safeguard your future. Contact us today. We’re available to answer your questions.

Resources:

• Self-Defense and ‘Stand Your Ground’. National Conference of State Legislatures (2023), link
• After recent shooting, attorney says ‘stand your ground’ laws apply only to specific cases. Spectrum Local News, (2023), link
• Stand Your Ground in North Carolina. Giffords Law Center (2023), link