Castle Doctrine at work

Do you now what your rights are under the Castle Doctrine? If your state allows you to defend your home (instead of forcing you to retreat form it if invaded) then you need to be aware of what options you have when an attacker attempts to breach your modern day castle!

Here in North Carolina N.C.G.S 14-51.2 provides for the defense of your home, vehicle or workplace:

The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to  another

Under North Carolina law, justifiable self-defense is allowed if the citizen believes deadly force is necessary to prevent an imminent threat of death, great bodily harm or sexual assault. As you can see from the law quoted above, anyone who is illegally trying to gain access to or already gained access to my home, vehicle or workplace is presumed to be there to do harm.

There is no gray area here. I can only assume that an intruder wants to do me harm and I  can respond accordingly with deadly force without another thought of what I’m doing is right or wrong. There is no need to second guess myself or put the attacker on hold while I consult an attorney as to what I should do.

The law was specifically written this way to act as a great deterrent to any intruder to let them know that they were placing their life in danger should they attempt to illegally enter a home, vehicle or workplace. Anyone want to try this is basically forfeiting their life because it really is shoot first and ask questions later.

This is why a recent article about a justifiable self-defense situation in my home state is so telling. An enraged tenant shows up on the landlord’s door shouting and pounding to get in. He is so mad that he finally kicks in the door to gain entry. If you were the homeowner what would you do? What are you to think? Do you believe this person could simply be talked to and calmed down? Are you going to assume he has no gun or knife hidden on him? Could he possibly grab an item from within your own home to use against you? Maybe he lands a good blow, you go down with him on top and he beats you in his rage until you are dead or close to it.

Is any of this possible? Sure it is! We read stories all the time about people who do all sorts of nasty things when they are enraged. In this case the homeowner did what he should have. He got his gun and when the attacker breached his front door he defended himself as the law allows. The attacker made the choice to come to this home and by illegally entering it forfeited his life accordingly. That’s a mistake he unfortunately won’t make again.

Then his brother had the gall to say this:

Scott Mitchell, Jeffrey Mitchell’s brother, said Sunday that Ray should be charged with a crime and that his brother should not have been killed for kicking in a door. “He knew my brother would never lay a hand on him”

Yeah, that’s what most people would believe at a shouting man who has just kicked in your front door. That’s our infantile culture of always blaming someone else for your evil actions rather than being the mature adult and taking the consequences for what you’ve done. I think I’ll go to this brother’s house, scream a bunch outside his front door like a crazed maniac then kick it in and see what he does when the shoe is on the other foot. I’ll bet you the first thing he does is to offer me a beer and to sit down so we can talk out whatever the problem is.

Know the law, people. And defend yourself accordingly!

Article: Wake Forest man claims self-defense in shooting death

Posted in Uncategorized