Charlotte Criminal Lawyer Blog
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?
Your home is your castle, and the Castle Doctrine agrees. The Castle Doctrine is also known as the “Stand Your Ground” law. It uses the belief that your home is your castle and you are allowed to defend yourself against intruders. Generally, you must only use force when you believe it is necessary. For example, you are allowed to use force against someone who is using unlawful force against you or your family. You may be able to use deadly force in some situations.
In this video, Managing Member and Criminal Defense Attorney Brad Smith of Arnold & Smith, PLLC explains what an arraignment is in the criminal justice process.
What is Deadly Force?
Deadly force, or lethal force, means taking actions against someone that are likely to cause serious harm or death to another. While you are allowed to defend yourself and your family against those who are threatening or causing harm, you cannot use deadly force unless it is justified.
A situation may justify the use of deadly force when you are in imminent danger of serious harm or death. Using lethal force is justifiable in cases where you may be killed unless you use deadly force against someone. Deadly force is allowed when the person is an unlawful intruder or has used violence to enter your home, your vehicle, or your workplace.
Duty to Retreat
The Castle Doctrine does not require that you retreat from a situation to avoid using force. This is the basis of the “stand your ground” rule. Some states require a person to retreat or leave the situation when possible to avoid conflict rather than use force. However, North Carolina does not require you to retreat. Instead, you are allowed to use force against someone. If you need to use force or deadly force, you must do so in accordance with the law.
Exceptions to the Castle Doctrine
Although the law allows you to use force or deadly force in some situations, there are some exceptions. You may not legally use force against a member of law enforcement or a bail bondsman. You are not allowed to use force against someone who also has the right to be in the same place as you. Therefore, you cannot typically use force against someone when you are in a public place. The law is meant to allow you to protect yourself and your property when you are at home, in your vehicle, or in your place of work.
When you use deadly force against someone, you will find yourself in a position where you have to justify or defend your actions. An experienced criminal defense attorney will help protect your rights. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/deadly_force
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-51.3.html
Image Credit:
https://www.freeimages.com/photo/house-2-1225477
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https://www.youtube.com/user/ArnoldSmithPLLC/videos
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