Articles Tagged with Criminal Defense North Carolina

In North Carolina, “stand your ground” is governed by a statutory use-of-force framework, including the castle doctrine under N.C.G.S. § 14-51.2 and the no-duty-to-retreat provisions in N.C.G.S. § 14-51.3.

The castle doctrine law in NC operates through statutory definitions, mandatory presumptions, and burden shifting, not necessarily through the generalized reasonableness inquiry often associated with common law self-defense. Put simply, once the statutory requirements are established, North Carolina law limits what a jury considers and when proportionality or necessity is determined.

The Supreme Court of North Carolina has enforced that statutory structure. In North Carolina v Phillips (also referred to as State v. Phillips) and North Carolina v Allison (State v. Allison), the Court reversed convictions where trial courts instructed juries to decide reasonableness and necessity outside the statute’s presumption framework. Those decisions confirm that jury instructions must follow the statute’s sequencing and that departures from that structure may produce reversible error.