Raleigh Criminal Defense Attorney, Michelle Sparrow, discusses the rules and case law regarding self defense during an assault in North Carolina.
In the state of North Carolina, you have the right to defend yourself. An individual may use deadly force or kill an attacker if they believe their actions necessary to prevent their own bodily harm or death. However, certain factors will be taken under consideration to determine whether or not an action could be deemed as self defense.
Self defense can also extend to the defense of others or defense of home and/or property. If someone breaks into your car and you believe you are at risk for bodily harm and/or death and fight back, you may be able to make a case for self defense.
If you drunkenly initiated a confrontation at a bar and it escalated into a fight where you felt you needed to defend yourself by use of force, it may not be seen as self defense. The law does not protect an individual if the assailant “discontinued all efforts to unlawfully enter the home, motor vehicle, or workplace.”
As with most cases, self defense charges will be looked at singularly will all available circumstantial evidence provided. The outcome will be determined after a review of any mitigating factors.
If you believe you have acted in self defense during an assault, contact the Raleigh criminal defense attorneys at Sparrow Law Firm for a free consultation.