North Carolina Resisting Arrest Laws: General Statute § 14-223

North Carolina’s legal definition for resisting arrest is broad and could apply to a variety of situations. According to the law, resisting arrest is defined as unlawfully delaying or preventing a police officer from executing their duties. An individual may be charged with resisting arrest if one of the following situations applies to their case:

• They fled the scene
• They physically fought the officers
• They refused to accept a traffic ticket
• They gave the officer a fake name or address
• They refused to corporate with officers during the arrest

In some cases, an individual may have a perfectly reasonable excuse for not immediately complying with officers. Actions like moving out of the way of a hazard or even raising your arms could be considered resisting arrest. Your attorney will fight relentlessly on your behalf to ensure your side of the story is heard.

If you are found guilty of resisting arrest in North Carolina, you may be convicted of a class 2 misdemeanor. If convicted, you could face up to two months behind bars and a fine of $1,000. Additionally, you may be required to report to a probation officer and fulfill community service hours. 

While misdemeanors are less severe offenses than felonies, they are still severe criminal offenses. Those convicted of misdemeanors will have a permanent criminal record and may have difficulty finding employment or maintaining their reputation. Since the stakes are high, you need a legal expert on your side to help defend your rights and freedom.

Since resisting arrest has such a broad definition, there are several defense strategies that may apply to your case. At King Law, our defense attorneys will work to understand every detail of your case to develop the best possible defense strategy for your unique situation. Some possible strategies your lawyer may use include:

• The arrest was unlawful
• You did not know the person you were resisting was a police officer
• You were dodging a hazard
• You were acting in self-defense
• You were defending others from an unlawful arrest
• You were not resisting arrest intentionally

Since a resisting arrest case can be approached from various angles, it is essential to have a legal expert on your side. Your lawyer will use their expertise to fight for your interests and craft the best possible defense.

Criminal cases that involve resisting arrest can be complex. Having a trusted criminal defense attorney in your corner can help ensure your rights are protected as you navigate North Carolina’s justice system. Some ways your King Law lawyer can help you include:

• Conducting a comprehensive and independent investigation into your case
• Interviewing eyewitnesses
• Formulating a plea
• Negotiating on your behalf
• Representing your interests in court
• Collecting evidence to chip away at the prosecutor’s case
• Answering any and all legal questions

Dealing with the aftermath of an arrest can be stressful and confusing. An attorney can help provide you with peace of mind that your case is being handled with care and expertise.