NC 308.10 SELF-DEFENSE, RETREAT – INCLUDING HOMICIDE (TO BE USED FOLLOWING THE SELF-DEFENSE INSTRUCTIONS WHERE RETREAT IS IN ISSUE)

NC 308.10 SELF-DEFENSE, RETREAT – INCLUDING HOMICIDE (TO BE USED FOLLOWING THE SELF-DEFENSE INSTRUCTIONS WHERE RETREAT IS IN ISSUE)

State: North Carolina

 

North Carolina Pattern Jury Instructions (N.C.P.I.)—Criminal 308.10

NC 308.10 SELF-DEFENSE, RETREAT – INCLUDING HOMICIDE (TO BE USED FOLLOWING THE SELF-DEFENSE INSTRUCTIONS WHERE RETREAT IS IN ISSUE)

GENERAL CRIMINAL VOLUME. REPLACEMENT JUNE 2012
G.S. 14-51.2 (f), 14-51.3 (a)

NOTE WELL: This instruction is to be used if the evidence shows that the defendant was at a place where the defendant had a lawful right to be, including the defendant’s own home or premises, the defendant’s place of residence, the defendant’s workplace, or in the defendant’s motor vehicle, when the assault on the defendant occurred.

If the defendant was not the aggressor and the defendant was [in the defendant’s own home]1 [on the defendant’s own premises] [in the defendant’s place of residence] [at the defendant’s workplace] [in the defendant’s motor vehicle] [at a place the defendant had a lawful right to be], the defendant could stand the defendant’s ground and repel force with force regardless of the character of the assault being made upon the defendant. However, the defendant would not be excused if the defendant used excessive force.

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