Suspect on the Ground Resisting ArrestWhether you are arrested for a crime or not in North Carolina, you could be charged with resisting arrest if you take any actions to oppose the officer’s instructions. This is a serious misdemeanor offense and is a very common crime that people are charged with in our state. If you are convicted, you would face harsh punishments and have a permanent criminal record.

What Is the Crime of Resisting Arrest in Charlotte?

The statute making resisting arrest a crime is very broad and vague. Under North Carolina General Statutes, Article 30, Section 14-223, resisting arrest is defined as willfully and unlawfully resisting, delaying, or obstructing a public officer in discharging or attempting to discharge a duty of their office. Resistance can include both physical and non-physical actions. Examples of when an individual may be charged with this crime include:

  • Fleeing the scene
  • Fighting with the police
  • Raising their hands defensively
  • Moving out of the way
  • Refusing to accept a traffic ticket
  • Giving the officer false information, such as a fake name or address
  • Acting in an abusive manner
  • Taking any other actions that slow down a police officer or prevents them from doing their job

Penalties You Face If Convicted

If you plead guilty or are found guilty at trial of resisting arrest, you will be convicted of a Class 2 misdemeanor. Your sentencing will be more complicated than in other states because North Carolina takes into consideration a number of grossly aggravating, aggravating, and mitigating factors in determining your punishment. You could be sentenced to up to 60 days in jail, fined up to $1,000, be placed on probation with requirements to attend counseling and other meetings, and be required to perform community service.

Are You Looking for a Criminal Defense Lawyer in Charlotte, NC?

If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation.

C. Todd Browning
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Charlotte Criminal Defense and DWI Lawyer
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