Has someone you love been arrested? Are you terrified that an arrest is coming? At Greenwood Law, we know how frightening this moment is. Your life can change with a phone call, a knock at the door, a flash of lights in your rearview mirror.
Winston-Salem is in the middle of a very public conversation about youth violence and firearms. Two teenagers were killed and five others were shot after a planned fight erupted into gunfire at a North Carolina public park that borders a middle school. These tragedies have shaken our community deeply, and they have also placed enormous pressure on law enforcement and prosecutors to respond firmly to gun charges tied to planned altercations.
If your child has been accused of using a weapon or fighting where guns were involved, having a skilled gun crimes defense attorney in your corner matters more than you may realize right now.
Why This Moment in Winston-Salem Feels Different
Across North Carolina, firearm violence has increasingly affected teenagers in recent years. State data show firearms are involved in a large majority of youth homicides, particularly among teens ages 15 to 17. And nationally, youth gun violence rose sharply during the early 2020s before leveling off in some areas, but experts continue to warn that access to firearms, social media conflicts, and unsupervised gatherings can increase risks of teen-to-teen violence.
In response to the Leinbach Park shooting, law enforcement has been cracking down hard on teen gun use. This has been leading to more arrests, increasing the need for a criminal defense lawyer.
What About Self-Defense?
One of the most common things we hear from families in these situations is some version of: “My child only brought the gun for protection.” We understand that instinct completely. However, North Carolina law doesn’t work the same way when it comes to the alleged “planned fights.”
North Carolina is a Castle Doctrine state, which means a person doesn’t have to retreat if they are in their own home (their castle.) The state also has a Stand Your Ground statute. This generally means a person does not have a duty to retreat in any place they have the lawful right to be and are justified in the use of deadly force if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm.
North Carolina law requires that these four criteria must be met to claim self-defense:
- The accused must not have been the aggressor
- They reasonably believed they were in immediate danger
- The force used was proportionate to the threat
- They did not use deadly force unless there was a reasonable belief of deadly harm
However, attendance at a planned fight almost never satisfies these criteria. When someone agrees to a fight, even informally through text messages or by showing up to a scheduled location, that agreement can undermine the entire self-defense claim.
Also, if a firearm is introduced into what started as a fistfight, the legal consequences become significantly more serious. If two people agree to fight but one later pulls a knife or gun, that person can be charged with assault with a deadly weapon, even though both initially agreed to fight.
When Alcohol Is Involved, the Situation Becomes More Complicated
Even with a valid concealed carry permit, it is illegal in North Carolina to carry a concealed handgun away from your own property while drinking alcohol or while any alcohol remains in the blood. Beyond the carry issue, alcohol affects the self-defense analysis too. Judgment, reaction time, and decision-making tend to degrade under the influence, and in a confrontation, that can lead to serious misuse, negligent discharge, or homicide charges.
If the incident occurred at or near an establishment that serves alcohol, there may be additional charges as well. What can look like a single incident often carries multiple overlapping charges, and that is exactly why having legal guidance early is so important.
Potential Consequences for Your Teen
As a parent of a teen who has access to firearms, you should know how best to protect them should a crime occur. Gun-carry violations are taken very seriously, and many, like carrying a gun on school grounds, are punished as felonies. Penalties for the same offense become more serious for repeat offenders. For example, it is a misdemeanor to carry a concealed gun without a permit, but a person convicted of it once will face felony charges if they do it again.
If the altercation resulted in injury, the charges can escalate significantly. Assault inflicting serious bodily injury is a Class F felony under North Carolina law. A felony conviction on a young person’s record can affect college applications, employment, housing, and so much more. The path forward matters enormously, and it starts with the decisions made right now.
You Do Not Have to Figure This Out Alone
At Greenwood Law in Winston-Salem, we care about what happens to your family. We are here to listen without judgment, to help you understand what you are truly facing, and to fight for the best possible outcome. Contact our law firm today to learn about your defense options.
Violent crime rates in Forsyth County have declined in recent years, but rates remain higher than state and national averages. That means prosecutors in this county are under a lot of pressure to take gun charges seriously, especially when they arise from allegedly planned confrontations involving young people. Don’t leave the future to chance.
Related Video: Self-Defense Is Legal — But It Has Strict Rules