Can you use deadly force to protect your home or car? What NC law says

A Cary resident shot a man he said broke into his car and then tried to run away, according to the town’s police department.

Does North Carolina law allow him to do that?

Heng Ye, 51, was charged with assault with a deadly weapon with intent to kill and inflicting serious injury.

The incident occurred early Tuesday morning, after Ye stepped outside of his home on Anita Way and found a man inside of his car in his driveway, according to police.

The man started to run and was shot as he fled, Cary police said. He was taken to a hospital with serious injuries.

Authorities have not responded to requests for further information. The News & Observer has asked about the status of the man shot, how many times and where he was shot, and whether he faces any charges for allegedly breaking into the car.

Under North Carolina state law, a statute commonly called the “castle doctrine” outlines when people may use deadly force to defend their home, car or workplace from an imminent threat.

Wake County District Attorney Lorrin Freeman said she could not comment on the specifics of the Tuesday shooting case.

“This defendant, as any, has a presumption of innocence,” Freeman told The N&O. “And this is a case that’s just in the beginning of the process and will have to play out.”

Speaking generally, she said state law allows homeowners or vehicle owners to use force against an intruder — but those provisions tend to apply when there is an active threat and the property is occupied.

“What happens sometimes is we have situations where force is used after the efforts to intrude or after the threat has ended,” Freeman said. “State law does not allow people to engage in what is in essence vigilante justice.”

She said those not under threat have a responsibility to contact law enforcement and let them handle the situation.

“Harm can occur from the use of force,” she said. “If, for example, you’re in a neighborhood firing after somebody who may be retreating, you’re posing a risk to others in the area.”

After Tuesday’s shooting, a neighbor reported at least two bullets struck his home, according to WRAL and CBS17.

What is the ‘castle doctrine’ and when does it apply?

John Rubin, a professor at the UNC School of Government, said the castle doctrine establishes a presumption that unlawful intruders pose a deadly threat to people inside of the property. That means a homeowner could use force against an intruder without necessarily seeing that the intruder is armed or actively taking action to cause harm, he said.

But the law doesn’t apply in all break-in scenarios, Rubin said.

“A key to this is forcible unlawful entry into occupied homes, cars or businesses,” he said. “It’s a right to protect the occupants, it’s not a right to protect mere property.”

Rubin, who specializes in criminal law, spoke to The N&O generally about the state law without commenting on the specifics of the Tuesday shooting.

He noted that “these situations can be fluid,” adding “the facts can turn suddenly in these cases.”

For example, a person may not be inside of the property at the time of a break-in, but could still encounter a deadly threat from an intruder after approaching, Rubin said.

And when the castle doctrine does apply, the presumption of a deadly threat can be rebutted, he added.

For example, the statute includes an exception in cases where an intruder has “discontinued all efforts to unlawfully and forcefully enter the home, motor vehicle, or workplace and has exited,” according to the state law.

“Sometimes the terminology may mislead the public into thinking they have a right to use deadly force when they don’t,” Rubin said.

“The law requires that deadly force be proportionate to the harm that’s threatened,” he said. “So there has to be a deadly threat for force to be appropriate.

“(Or) there has to be a forcible unlawful entry [into occupied property], which is sort of a proxy for a deadly threat.”

This story was originally published March 16, 2022 at 6:22 PM with the headline "Can you use deadly force to protect your home or car? What NC law says."