Articles Tagged with NC Criminal Law Commentary

As of 2026, the phrase “stand your ground” is the gateway term that most non-lawyers use when they are trying to understand North Illustration representing North Carolina castle doctrine and stand your ground law, showing law enforcement, scales of justice, and legal standards for home defense and use of force Carolina self-defense law.  N.C.G.S. § 14-51.3 addresses when defensive force, including deadly force, may be used in a place where you have the lawful right to be and describes the absence of a duty to retreat in defined circumstances. The “castle doctrine” is related, but it is not the same rule with a different label. It is a separate statutory framework, centered on N.C.G.S. § 14-51.2, that applies to defined protected locations. That changes the analysis by using legislative presumptions and immunity concepts rather than leaving everything to a free-form reasonableness debate.

The Supreme Court of North Carolina’s decision in State v. Allison, No. 103PA24, filed December 12, 2025, addresses how trial courts must instruct juries when the defense seeks a castle-doctrine instruction under N.C.G.S. § 14-51.2. The opinion reinforces that the statute must be given as written, including its definitions, presumptions, and rebuttal structure, and that reverting to pre-statute reasonableness instructions is legal error.

The Court reversed and remanded for a new trial because the jury instructions allowed jurors to decide reasonableness and necessity outside the statutory presumption framework and because the jury was not instructed that curtilage is part of the “home” under the statute.

North Carolina law prohibits the possession, sale, and trafficking of controlled substances. Yet the same State that prosecutes those U.S. revenuer enforcing Prohibition laws in North Carolina, symbolizing state taxation, moonshine raids, and the roots of taxing crime. offenses also taxes and therefore profits them. Is that right? Does that make sense? Should the government profit from crime? Is it OK to tax Drugs? Extortion? What about Illegal Pornography, Prostitution and Human Trafficking? Where do we, the governed, draw the line?

The Controlled Substance Tax, codified at N.C.G.S. § 105-113.105, operates on the premise that illegal drugs have taxable value even though their sale and possession are criminal acts. The idea that “income is income” regardless of source smacks of Machiavelli and a willingness to bend basic moral imperatives. Beneath that procedural logic lies a troubling contradiction, if not outright hypocrisy.

Questions about punishment, profit, and fairness aren’t theoretical when you are the one standing before the court. North Carolina law distinguishes between fines, forfeiture, and taxation, but for clients facing criminal charges, those differences often feel academic. Bill Powers and the Powers Law Firm handle serious criminal matters in Mecklenburg, Union, Iredell, Gaston, Rowan, and Lincoln Counties, examining how the law operates in real courtrooms, not just in theory. Bill Powers is a widely regarded North Carolina criminal defense attorney, educator, and legal commentator with more than thirty-three years of courtroom and trial experience. He is recognized throughout the state for his work on impaired driving, criminal law, and legal education, and is a recipient of the North Carolina State Bar Distinguished Service Award. For select legal matters, Bill Powers consults on a statewide basis. To discuss your case in confidence, TEXT or call 704-342-4357.

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