deadly force

Understanding the Castle Doctrine (Stand Your Ground)

Published on: August 14, 2024 | On behalf of Arnold & Smith, PLLC

Understanding the Castle Doctrine (Stand Your Ground)

You are sitting on your back patio when you suddenly see someone you do not know making their way onto your property. The stranger is getting closer and is heading towards your side door with the possible intent of breaking inside. Do you have the right to defend against the intruder? The Castle Doctrine may allow you to take action, but it is best to understand how the doctrine works and what you are able to do to defend yourself, your family, and your property.

What is the Castle Doctrine?

Self Defense Laws in North Carolina: A Resource for Residents

Published on: July 21, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

There is an old saying that goes, “A person’s home is their castle.” This phrase is used to explain the deeply intrinsic motivation we have to protect our property and its inhabitants. When intruders try to invade our space and threaten us with personal injury or worse, we are sometimes forced to respond to the threat. However, what does the law in North Carolina say about our choice of defense?

Is Self-Defense Considered Assault in North Carolina?

Published on: January 27, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending” yourself could still be considered assault in North Carolina.

North Carolina Appeals Court Rules on the Use of Defensive Force in the Home

Published on: August 8, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of the newly enacted statute and cases in which the court interprets the statute and indicates how it should be applied in future situations. In State v. Kuhns, the North Carolina Court the Appeals clarifies part of the new statute, G.S. 14-51.2.

Iowa’s “Stand Your Ground” Law Put To The Test In Recent Case

Published on: February 21, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel concept, the laws are new in some states. In these places where the laws are new, the local judiciary may be unfamiliar with how to apply the laws, meaning there is a bit of a learning curve in the months and even years following passage. This can be problematic for both prosecutors and defendants, as neither knows what to expect.