Facing an assault charge in North Carolina can feel frightening, especially if you were simply protecting yourself.
You might be wondering if self-defense can be used as a legal defense against an assault charge? The answer is yes, but the law places clear limits on when and how self-defense claims apply.
If you or someone you love is facing an unjust assault charge, you are not alone. At Martine Law, our team of expert attorneys is here to explain your options, and fight for the best possible outcome in your case and get you the justices you deserve.
When Does Self-Defense Apply in North Carolina?
Under North Carolina law, you have the right to protect yourself or others from immediate harm. However, certain conditions must be met for self-defense to be considered a valid legal defense.
You may claim self-defense if:
- You reasonably believed you were in imminent danger of bodily harm or death
- You used only the amount of force necessary to prevent the harm
- You were not the aggressor or did not provoke the confrontation
- You had a lawful right to be present when the incident occurred
The “Stand Your Ground” Law in North Carolina
North Carolina follows a version of the Stand Your Ground law. This means you generally do not have a duty to retreat before defending yourself if you are in a place where you are legally allowed to be.
However, this does not give you unlimited power to use force. The amount of force must still be reasonable and proportionate to the threat you faced.
Deadly Force in Self-Defense
In some situations, using deadly force may be justified. North Carolina law allows deadly force in self-defense if you reasonably believe it is necessary to prevent:
- Imminent death
- Great bodily harm
- A violent felony, such as burglary or robbery
Still, these cases are highly scrutinized in court. Having a skilled lawyer on your side is crucial to prove your actions were legally justified.
Limits to Self-Defense
Self-defense cannot be claimed in every situation. You may lose the right to claim self-defense if:
- You were the initial aggressor
- You provoked the confrontation intentionally
- You used excessive or unreasonable force compared to the threat
How a Lawyer Can Help
Are you or a loved one facing an assault charge in North Carolina? Are you worried about the impact a conviction could have on your future? You are not alone. Let our team of expert lawyers help you build a strong defense.
At Martine Law, we can:
- Investigate the details of your case
- Gather evidence to show you acted in self-defense
- Challenge the prosecution’s claims and witnesses
- Fight to reduce or dismiss your charges
Our experienced attorneys are committed to protecting your rights and making sure your side of the story is heard.
Key Takeaways
- Self-defense can be used against an assault charge in North Carolina, but strict requirements apply.
- The law allows reasonable force when you face imminent harm, and in some cases, deadly force.
- You cannot claim self-defense if you provoked the fight or used excessive force.
- Having a skilled defense attorney is essential to prove your case in court.
If you or a loved one has been charged with assault, let our team of expert attorneys at Martine Law help you. You are not alone — we are here to fight for you and protect your future. Call today.