Even if you were not in the process of being arrested for another crime, you can still be charged with resisting arrest in North Carolina. The charge can be either resist, delay or obstruct an officer in the pursuit of his duties. While most commonly used when someone actively resists being place under arrest for another crime, that isn’t always the case.
NC GS § 14‑223. Resisting officers
The statute defines the crime as follows: “If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.”
Resist, Delay or Obstruct a law enforcement officer
If convicted, RDO is considered a class 2 misdemeanor punishable by up to 60 days in jail when the offender interferes with an official duty being carried out by law enforcement. In addition to 60 days in jail, you could face up to $1,000 in fines, probation and community service requirements.
There are two general types of “resistance” physical and non-physical. You can actively resist arrest by fleeing from the scene or fighting with the arresting officer.
Non-physical resistance include doing things like providing false information, using abusive language, refusing to accept traffic tickets, and even questioning the arresting officer in a way that slows them down or prevents them from doing their job.
If you have been charged with resisting arrest, call our office today at 828-621-2500 to schedule your free consultation.