Criminal law

Stand up for your stats in NC


Charlotte, North Carolina – After a series of similar shootings in several states, including here in North Carolina, Spectrum News 1 took a closer look at North Carolina’s “stand your ground” laws.

Laws delineate the boundaries where self-defense ends and criminal acts begin.

What you need to know

  • A 6-year-old Gaston County girl and her parents were shot after a neighbor said they were trying to win back a basketball.
  • One of Charlotte’s attorneys says the “stand your ground” and “castle” principles probably don’t apply to this case.
  • The lawyer says that the law of self-defense only applies to specific and limited circumstances

Focus comes after police said a A 6-year-old Gaston County girl and her parents were shot this week. A neighbor told Spectrum News 1 content partner WBTV that they were shot after entering another location Neighbors yard to recover basketball.

Shootings and the like across the country raise the question of where the right to defend your property begins and ends.

Charlotte’s attorney Christopher Connelly is a North Carolina criminal law expert who has practiced law since late 1987.

Although that’s not the case, Connelly said on Friday that the state’s position on your land or castle doctrines likely wouldn’t apply.

“No, no, how can you shoot someone because they got on your property. Unless they entered the property illegally and by force. If they go into your property to retrieve a ball that bounced over the fence, they’re going to shoot you out of the way,” Connelly said in his office, just steps away. , or they go in there thinking they got the wrong address, you can’t go and shoot them.”District Court.

Connelly sent Spectrum News 1 two state statutes, outlining how and why North Carolinians can defend themselves, their homes, their cars, or their workplaces from those who attempt to harm and/or enter unlawfully by force. But they do include limitations and exceptions.

North Carolina Law – If you are defending yourself or defending yourself from the imminent use of unlawful force by another person, you do not have to back off. You do not have to try to run back, you do not have to try to run away, you do not have to drive Away, you don’t have to try to hide. You can stand your ground and use any force necessary to defend yourself. “You can’t override force, and you can’t use lethal force against non-lethal force,” Connelly explained.

The suspect in the Gaston County shooting is He faces four counts of attempted first degree murdertwo counts of assault with a deadly weapon with intent to kill and cause serious injury and one count of being a felon in possession of a firearm.

Connelly says self-defense evidence should be considered in almost every case of violence to see if it applies to the specific circumstances and can be used as a legal defense or if it doesn’t.

But even in cases of self-defence, the use of force that threatens life is a significant barrier that cannot be overcome.

“I would say the best advice is not to put yourself in a dangerous situation. But if you are in a life-threatening situation, you are allowed to defend your life.

You can read the state laws Connelly was referring to here And here.


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