(a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
(2) Under the circumstances permitted pursuant to G.S. 14-51.2.
(b) A person who uses force as permitted by this section is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of his or her official duties and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties. (2011-268, s. 1.)
Notes of Decisions
Cited in
73
cases (
47 in the last 5 years), 2014–2026 · leading case:
State v. Lee, 811 S.E.2d 563 (N.C. 2018).
State v. Lee, 811 S.E.2d 563 (N.C. 2018).
· cites it 80× “N.C.G.S. § 14-51.3 (2017) (emphases added).”
State v. Bass, 802 S.E.2d 477 (N.C. Ct. App. 2017).
· cites it 93× “N.C. Gen. Stat. § 14-51.3 is titled, “Use of force in defense of person; relief from criminal or civil liability,” and provides: (a) .”
State v. Bass, 819 S.E.2d 322 (N.C. 2018).
· cites it 8× “First, under N.C.G.S. § 14-51.3, [a] person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent…”
State v. Lee, 789 S.E.2d 679 (N.C. Ct. App. 2016).
· cites it 14× “3 (a) (2015) ("[A] person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies...." (emphasis added)). Thus, Defendant's argument, that a different verdict probably would…”
State v. Parks, 824 S.E.2d 881 (N.C. Ct. App. 2019).
· cites it 12× “However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great…”
State v. Holloman, 799 S.E.2d 824 (N.C. 2017).
· cites it 6× “3 According to N.C.G.S. § 14-51.3, however: (a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other’s…”
State v. Coley, 822 S.E.2d 762 (N.C. Ct. App. 2018).
· cites it 16× “N.C. Gen. Stat. § 14-51.3 (a) (2017) (emphasis supplied).”
State v. Ayers, 819 S.E.2d 407 (N.C. Ct. App. 2018).
· cites it 8× “N.C. Gen. Stat. § 14-51.3 (a) states, in relevant part: *225 A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the…”
State v. Irabor, 822 S.E.2d 421 (N.C. Ct. App. 2018).
· cites it 6× “3 (a) states, in relevant part: A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of…”
State v. Gomola, 810 S.E.2d 797 (N.C. Ct. App. 2018).
· cites it 6× “And our General Assembly has provided that a person "is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent…”
State v. Copley, 828 S.E.2d 35 (N.C. Ct. App. 2019).
· cites it 7× “Distinct from the defense of habitation, the General Assembly set out the requirements for self-defense in N.C. Gen. Stat. § 14-51.3 (2017). Both the defense of habitation and self-defense are “not available to a person who used defensive force 8 STATE V.”
State v. Kuhns, 817 S.E.2d 828 (N.C. Ct. App. 2018).
· cites it 3× “Pursuant to N.C. Gen. Stat. § 14-51.3 (a), "a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies": (1) the person "reasonably believes that such force is…”
N.C. Gen. Stat. § 14-51.3(1): 1 case
State v. Bass, 802 S.E.2d 477 (N.C. Ct. App. 2017).
“N.C. Gen. Stat. § 14-51.3 is titled, “Use of force in defense of person; relief from criminal or civil liability,” and provides: (a) .”
N.C. Gen. Stat. § 14-51.3(a): 24 cases
State v. Lee, 811 S.E.2d 563 (N.C. 2018).
“N.C.G.S. § 14-51.3 (2017) (emphases added).”
State v. Bass, 802 S.E.2d 477 (N.C. Ct. App. 2017).
“N.C. Gen. Stat. § 14-51.3 is titled, “Use of force in defense of person; relief from criminal or civil liability,” and provides: (a) .”
State v. Bass, 819 S.E.2d 322 (N.C. 2018).
“First, under N.C.G.S. § 14-51.3, [a] person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent…”
State v. Parks, 824 S.E.2d 881 (N.C. Ct. App. 2019).
“However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great…”
N.C. Gen. Stat. § 14-51.3(a)(1): 13 cases
State v. Lee, 811 S.E.2d 563 (N.C. 2018).
“N.C.G.S. § 14-51.3 (2017) (emphases added).”
State v. Bass, 802 S.E.2d 477 (N.C. Ct. App. 2017).
“N.C. Gen. Stat. § 14-51.3 is titled, “Use of force in defense of person; relief from criminal or civil liability,” and provides: (a) .”
State v. Lee, 789 S.E.2d 679 (N.C. Ct. App. 2016).
“3 (a) (2015) ("[A] person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies...." (emphasis added)). Thus, Defendant's argument, that a different verdict probably would…”
State v. Parks, 824 S.E.2d 881 (N.C. Ct. App. 2019).
“However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great…”
State v. Kuhns, 817 S.E.2d 828 (N.C. Ct. App. 2018).
“Pursuant to N.C. Gen. Stat. § 14-51.3 (a), "a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies": (1) the person "reasonably believes that such force is…”
N.C. Gen. Stat. § 14-51.3(a)(2): 4 cases
State v. Parks, 824 S.E.2d 881 (N.C. Ct. App. 2019).
“However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great…”
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