defense of habitation – North Carolina Criminal Law

January 29, 2025

O’er the Ramparts: Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams

The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or motor vehicle to respond to an intruder with deadly force. […]

September 10, 2024

Outsourcing Reasonableness: Redefining Defensive Force in State v. Phillips.

Joseph L. Hyde

Coke claimed the common law was the perfection of reason. Our Supreme Court began its recent opinion in State v. Phillips, No. 281A23 (N.C. Aug. 23, 2024), by citing Coke, […]

August 6, 2019

Fundamental Principles of Statutory Self-Defense

John Rubin

The common law right to use defensive force in North Carolina rests on three fundamental principles: necessity, proportionality, and fault. Ordinarily, when a person uses defensive force, the force must […]

June 4, 2019

The Statutory Law of Self-Defense in North Carolina

John Rubin

Several years ago (some might say that’s an understatement) I wrote The Law of Self-Defense in North Carolina, in which I looked at over 200 years’ worth of North Carolina […]

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North Carolina Criminal Law

Category: defense of habitation

O’er the Ramparts: Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams

Outsourcing Reasonableness: Redefining Defensive Force in State v. Phillips.

Fundamental Principles of Statutory Self-Defense

The Statutory Law of Self-Defense in North Carolina

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