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North Carolina General Statutes Chapter 14. Criminal Law § 14-51.4. Justification for defensive force not available

Current as of January 01, 2023 | Updated by Findlaw Staff

The justification described in G.S. 14-51.2 and G.S. 14-51.3 is not available to a person who used defensive force and who:

(1) Was attempting to commit, committing, or escaping after the commission of a felony.

(2) Initially provokes the use of force against himself or herself. However, the person who initially provokes the use of force against himself or herself will be justified in using defensive force if either of the following occur:

a. The force used by the person who was provoked is so serious that the person using defensive force reasonably believes that he or she was in imminent danger of death or serious bodily harm, the person using defensive force had no reasonable means to retreat, and the use of force which is likely to cause death or serious bodily harm to the person who was provoked was the only way to escape the danger.

b. The person who used defensive force withdraws, in good faith, from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person who was provoked continues or resumes the use of force.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 14. Criminal Law § 14-51.4. Justification for defensive force not available - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-14-criminal-law/nc-gen-st-sect-14-51-4/

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