North Carolina

NC 308.60 KILLING IN LAWFUL DEFENSE OF A [FAMILY MEMBER] [THIRD PERSON]— (DEFENSE TO HOMICIDE).

North Carolina Pattern Jury Instructions for Criminal Cases PART III. DEFENSES Self-Defense 308.60 Killing in Lawful Defense of a [Family Member] [Third Person]-(Defense to Homicide) NOTE WELL: The trial judge is reminded that this instruction must be combined with the substantive offense instruction in the following manner: (1) the jury should be instructed on the […]

NC 308.60 KILLING IN LAWFUL DEFENSE OF A [FAMILY MEMBER] [THIRD PERSON]— (DEFENSE TO HOMICIDE). Read More »

NC 308.50 ASSAULT IN LAWFUL DEFENSE OF A [FAMILY MEMBER] [THIRD PERSON] – (DEFENSE TO ALL ASSAULTS INVOLVING DEADLY FORCE).

North Carolina Pattern Jury Instructions for Criminal Cases PART III. DEFENSES Self-Defense 308.50 Assault in Lawful Defense of a [Family Member] [Third Person]-(Defense to All Assaults Involving Deadly Force) NOTE WELL: This charge is intended for use with N.C.P.I.- Crim. 208.09, 208.10, 208.15, 208.16, 208.25, 208.50, 208.55, 208.85, and 208.60 where the evidence shows that

NC 308.50 ASSAULT IN LAWFUL DEFENSE OF A [FAMILY MEMBER] [THIRD PERSON] – (DEFENSE TO ALL ASSAULTS INVOLVING DEADLY FORCE). Read More »

NC 308.47 ASSAULT IN LAWFUL DEFENSE OF A [FAMILY MEMBER] [THIRD PERSON] – (DEFENSE TO ASSAULTS NOT INVOLVING DEADLY FORCE).

North Carolina Pattern Jury Instructions for Criminal Cases PART III. DEFENSES Self-Defense 308.47 Assault in Lawful Defense of a [Family Member] [Third Person]-(Defense to Assaults Not Involving Deadly Force) NOTE WELL: Use only with N.C.P.I.-Crim. 208.40, 208.40A, 208.70, 208.70A, 208.75, and 208.60 when there is no evidence of deadly force. NOTE WELL: The trial judge

NC 308.47 ASSAULT IN LAWFUL DEFENSE OF A [FAMILY MEMBER] [THIRD PERSON] – (DEFENSE TO ASSAULTS NOT INVOLVING DEADLY FORCE). Read More »

NC 308.45 SELF-DEFENSE—ALL ASSAULTS INVOLVING DEADLY FORCE.

North Carolina Pattern Jury Instructions for Criminal Cases PART III. DEFENSES Self-Defense 308.45 SELF-DEFENSE-ALL ASSAULTS INVOLVING DEADLY FORCE. NOTE WELL: This charge is intended for use with N.C.P.I.— Crim. 208.09, 208.10, 208.15, 208.16, 208.25, 208.50, 208.55, 208.85, and 208.60 where the evidence shows that the defendant used deadly force. NOTE WELL: The trial judge is

NC 308.45 SELF-DEFENSE—ALL ASSAULTS INVOLVING DEADLY FORCE. Read More »

NC 308.40 308.40 SELF-DEFENSE-ASSAULTS NOT INVOLVING DEADLY FORCE.

North Carolina Pattern Jury Instructions for Criminal Cases PART III. DEFENSES Self-Defense 308.40 SELF-DEFENSE-ASSAULTS NOT INVOLVING DEADLY FORCE. NOTE WELL: Use only with N.C.P.I.— Crim. 208.40, 208.40A, 208.70, 208.70A, 208.75, and 208.60 when no evidence of deadly force. NOTE WELL: The trial judge is reminded that this instruction must be combined with the substantive offense

NC 308.40 308.40 SELF-DEFENSE-ASSAULTS NOT INVOLVING DEADLY FORCE. Read More »

NC 308.10 Self-Defense, Retreat-Including Homicide (to Be Used Following Self-Defense Instructions Where Retreat Is in Issue)

North Carolina Pattern Jury Instructions for Criminal Cases PART III. DEFENSES Self-Defense 308.10 Self-Defense, Retreat-Including Homicide (to Be Used Following Self-Defense Instructions Where Retreat Is in Issue) 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,

NC 308.10 Self-Defense, Retreat-Including Homicide (to Be Used Following Self-Defense Instructions Where Retreat Is in Issue) Read More »

NC 14‑51.4. Justification for defensive force not available.

General Statutes of North Carolina Chapter 14. Criminal Law. (Subchs. I — XI) Subchapter IV. Offenses Against the Habitation and Other Buildings. (Arts. 14 — 15) Article 14. Burglary and Other Housebreakings. (§§ 14-51 — 14-57) § 14-51.4. Justification for defensive force not available. The justification described in G.S. 14-51.2 and G.S. 14-51.3 is not

NC 14‑51.4. Justification for defensive force not available. Read More »

NC 14‑51.3. Use of force in defense of person; relief from criminal or civil liability.

General Statutes of North Carolina Chapter 14. Criminal Law. (Subchs. I — XI) Subchapter IV. Offenses Against the Habitation and Other Buildings. (Arts. 14 — 15) Article 14. Burglary and Other Housebreakings. (§§ 14-51 — 14-57) § 14-51.3. Use of force in defense of person; relief from criminal or civil liability. (a) A person is

NC 14‑51.3. Use of force in defense of person; relief from criminal or civil liability. Read More »

NC 14‑51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm.

General Statutes of North Carolina Chapter 14. Criminal Law. (Subchs. I — XI) Subchapter IV. Offenses Against the Habitation and Other Buildings. (Arts. 14 — 15) Article 14. Burglary and Other Housebreakings. (§§ 14-51 — 14-57) § 14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm. (a) The

NC 14‑51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm. Read More »