Self-Defense and NC State Law
Information below based on documents from the NC Justice Academy
Simple Assault, most Unarmed Assault, is any assault that does not threaten life. In NC, a person faced with a Simple Assault has a duty to retreat, if possible. Defense against Simple Assault is the primary focus of Hapkido Self-Defense since most Hapkido techniques do not employ deadly force. Backing up with your open hands raised palm out and clearly saying, "I don't want any trouble" should meet the requirement of your duty to retreat.
You do not have a duty to retreat if the instigator of the Simple Assault lays his hands on you. This is why we immediately stun an attacker on everything from wrist grabs to hair grabs. You have the right to use reasonable force to protect yourself. You cannot use Excessive Force, force greater than reasonable, to overcome the threat posed by a hostile aggressor.
An Instigator of a Simple Assault or Deadly Threat can avoid criminal responsibility only if he attempts to withdraw from the conflict and gives notice of withdrawal to the adversary. For example, if the instigator does a shoulder grab on you, speaks a few harsh words then thinks better of if and lets you go, you have to let him withdraw. Should you then attack him you have become the aggressor.
There is no clearly defined line between a Simple Assault and use of Deadly Force for unarmed attacks. This is what juries have to decide. Most Hapkido techniques can be effectively used against Deadly Force without having to use Deadly Force ourselves. If an aggressor attempts to reach into his pocket you should assume the Simple Assault has changed to a use of Deadly Force with a Deadly Weapon and take any and all necessary action to prevent the aggressor from producing a Deadly Weapon from his pocket for him to use against you.
A citizen is legally justified in using deadly force against another if and only if: (1) The citizen actually believes deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault and (2) The facts and circumstances prompting that belief would cause a person of ordinary firmness to believe deadly force was necessary to prevent an imminent threat of death, great bodily harm or sexual assault, and (3) The citizen using deadly force was not an instigator or aggressor who voluntarily provoked, entered or continued the conflict leading to deadly force, and (4) Force used was not excessive-greater than reasonable needed to overcome the threat posed by a hostile aggressor.
Deadly force may not be used (1) to stop a Simple Assault (2) because of the use of Violent Language (3) because you are a victim of past violence and fear future violence (4) because a trespasser refuses to leave (5) to arrest a criminal or prevent a criminal's escape (6) solely to protect property, or to prevent theft, or to regain stolen property.
Force can be used in defense of others. A citizen may intervene and use reasonable force in defense of another person when it reasonably appears necessary to save the other person from imminent threat of simple assault, death, great bodily injury or sexual assault but only to the extent the other person was entitled to use reasonable force in their own self-defense. Excessive force in defense of others is not allowed, and neither the intervenor nor the person threatened can be an instigator voluntarily provoking the conflict.