CHARLOTTE, N.C. — After a series of similar shootings in several states, including here in North Carolina, Spectrum News 1 took a closer look at North Carolina’s "stand your ground" laws.

The statutes draw the line on where self-defense ends and criminal acts begin.

What You Need To Know

  •  A Gaston County 6-year-old and her parents were shot after a neighbor says they were trying to retrieve a basketball

  •  A Charlotte attorney says 'stand your ground' and 'castle' doctrines likely will not apply to this case

  •  Stand your ground and self-defense law only applies to specific, limited circumstances, the attorney says

The focus comes after police say a Gaston County 6-year-old and her parents were shot this week. A neighbor told Spectrum News 1 content partner WBTV they were shot after entering another neighbor’s yard to retrieve a basketball.

The shooting and similar ones across the country bring into question where the right to defend your property begins and ends.

Charlotte attorney Christopher Connelly is an expert in North Carolina criminal law, having practiced law since late 1987.

While not his case, Connelly said Friday the state’s stand your ground or castle doctrines likely will not apply.

“No way, no how can you shoot bullets at somebody because they’ve come onto your property. Unless they have unlawfully and forcefully entered the property. If they just go on your property to retrieve a ball that bounced over the fence, or they went in there thinking — they got the address wrong —  you can’t go and shoot them,” Connelly said in his office, just steps from the local courthouse. 

Connelly sent Spectrum News 1 two state statutes, which specify how and why North Carolinians can defend themselves, their homes, cars or workplaces from those attempting to harm and/or forcefully and unlawfully enter. But they include limitations and exceptions. 

“North Carolina’s law — if you have or are defending yourself from the imminent use of unlawful force by another person, you do not have a duty to retreat. You do not have to try to run backwards, you don’t have to try to run away, you don’t have to drive away, you don’t have to try to hide. You can stand your ground and use whatever force is necessary to defend yourself. You cannot exceed the force, you cannot use lethal force against nonlethal force,” Connelly explained.

The suspect in the Gaston County shooting is facing four counts of attempted first-degree murder, two counts of assault with a deadly weapon with the intent to kill, inflicting serious injury and one count of being a felon in possession of a firearm.

Connelly says self-defense evidence has to be considered in almost every case of violence to see if it applies to the specific circumstances and can be used as a legal defense or if it does not apply.

But, even in cases of self-defense, using life-threatening force is a high bar to meet.

“I would say the best advice is don’t put yourself into a dangerous situation. But if you are in a life-threatening situation, you are allowed to defend your life,” Connelly said.

You can read the state statutes Connelly was referencing here and here.