The self-defense law generally excuses a person for assaulting or killing another person if the defendant's fear of harm was reasonable, as determined by a jury, and necessary to protect himself or herself.
The "perfect" right of self-defense may be used to excuse a killing altogether if four elements are determined to have existed by the jury. Those elements are:
1. The defendant believed it necessary to kill the deceased to save himself or herself from death or great bodily harm;
2. The defendant's belief was reasonable, according to the jury, for a person of ordinary mental stability;
3. The defendant did not aggressively and willingly enter into the fight without provocation; and
4. The defendant did not use more force than was necessary under the circumstances to protect himself or herself from death or great bodily harm.
If the jury finds all four elements existed, the defendant cannot be found guilty of first- or second-degree murder.
The defendant cannot use the right of self-defense if he or she was the aggressor — he or she voluntarily entered or provoked a fight by assaulting the victim, through language or by being mutually willing to fight, or leaves the fight and then returns to restart it.
If the defendant was the aggressor, he or she can still use the right to self-defense if he or she withdraws from the fight and tells the victim he or she is not going to fight anymore.
The jury must also look at the amount of force used. The jury must determine it to have been reasonable taking into consideration the size, age and strength of the defendant as compared to the victim; the fierceness of the assault on the defendant; whether or not the victim had a weapon and the reputation, if any, of the victim for violence. If the force used is found to be excessive, the defendant cannot use the perfect right of self-defense. Shooting a deadly weapon is always considered excessive if used during a non-felonious assault.
In cases where the defendant was found to not be the aggressor, that person has the right to stand his or her ground and does not have to retreat.
SOURCE: The Institute of Government at Chapel Hill
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