Self-Defense Provides Immunity from Criminal Liability

So say two statutes enacted by the General Assembly in 2011 as part of its revision of North Carolina’s self-defense law. G.S. 14-51.2(e) and G.S. 14-51.3(b) both state that a person who uses force as permitted by those statutes—in defense of home, workplace, and vehicle under the first statute and in defense of self or others under the second statute—“is justified in using such force and is immune from civil or criminal liability for the use of such force . . . .” What does this protection mean in criminal cases? No North Carolina appellate cases have addressed the self-defense immunity provision. This blog post addresses possible implications. Does North Carolina’s immunity provision merely confirm that a person may rely on self-defense as an affirmative defense at trial and, if successful, not be convicted? Or, does it do more? The immunity provision may do more. It may create a mechanism for a defendant to obtain a determination by the court, before trial, that he or she lawfully used defensive force and is entitled to dismissal of the charges. Several states now have self-defense immunity provisions. The exact wording varies. Some have explicit procedures for determining immunity (see Ala. Code § 13A-3-23), but most are silent. In interpreting these statutes, the courts agree that the immunity provision does “not merely provide that a defendant cannot be convicted as a result of legally justified force.” See Dennis v. State, 51 So.3d 456, 462 (Fla. 2010). Surveying the various states with immunity provisions, one [...]