Αποτελέσματα Αναζήτησης
G.S. 14-51.3 creates a statutory right to use force in defense of one’s self or another person, which differs from the common law on defense of person.
- Issues in Self-Defense Law in North Carolina - University of North ...
Carolina’s self-defense statutes address two different...
- Court of Appeals Rules on Pretrial Self-Defense Immunity Hearings
The court cited several examples of other criminal statutes...
- Issues in Self-Defense Law in North Carolina - University of North ...
The Supreme Court modified and affirmed the decision of the court of appeals affirming Defendant's convictions for first-degree murder, felonious speeding to elude arrest, and robbery with a dangerous weapon, holding that Defendant was disqualified from claiming the justification of self-defense.
Carolina’s self-defense statutes address two different situations: defensive force in a person’s home, workplace, or vehicle under G.S. 14-51.2; and defense of oneself and others under G.S. 14-51.3.
In 2011 the General Assembly amended the law of self-defense in North Carolina, Act of June 17, 2011, ch. 268, sec. 1, 2011 N.C. Sess. Laws 1002, 1002-04, to clarify that one who is not the initial aggressor may stand his ground, regardless of whether he is in or outside the home.
The statutory defenses. G.S. 14-51.2 creates a statutory right to use defensive force in one’s home, workplace, or motor vehicle under the conditions stated there. There are obvious and subtle differences between the statutory defense and the common law defense of habitation.
Documents. Appellate Court Opinions. State V. Stephens. By North Carolina Judicial Branch. State v. Stephens. Self defense instruction, initial aggressor, regain right to self-defense.
13 Οκτ 2021 · The court cited several examples of other criminal statutes that confer or address this type of immunity (G.S. 14-205.1, 15A-954 (a) (9), 15A-1051, 75-11, 90-96.2, and 90-113.27), and pointed out that those statutes are all couched in terms of immunity from prosecution.
