Defending Against a Charge of Resisting a Public Officer in North Carolina

In North Carolina, the charge of resisting a public officer is a common but often misunderstood offense. This offense, codified under North Carolina General Statute (N.C.G.S) § 14-223, is broad in scope and is frequently misunderstood by those charged with it. If you or someone you know is facing such a charge, understanding the legal nuances and potential defenses can make a significant difference in the outcome of the case.

What Does Resisting a Public Officer Entail?

Under the law, it is a misdemeanor to “willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of their office.” Breaking this down, the State must prove three critical elements:

1. Intentional Conduct: The alleged actions must be willful. Misunderstandings or accidental interference generally do not satisfy this requirement.

2. A Public Officer Acting Officially: The individual allegedly obstructed must be a public officer performing official duties. This includes law enforcement officers, firefighters, and other government employees carrying out their responsibilities.

3. Interference with Official Duties: The actions must have actively impeded the officer’s ability to perform their official duties.

Most people think that resisting a public officer only entails physical resistance, but examples of conduct that might lead to this charge actually include physically resisting arrest, refusing to provide identification during a lawful stop, supplying false information, or obstructing an investigation.

Consequences of a Conviction

A conviction for resisting a public officer is a Class 2 misdemeanor in North Carolina. While less severe than higher-class misdemeanors, it still carries serious repercussions, such as:

1. Up to 60 days in jail, depending on your criminal record.
2. Fines, the amount of which is determined by the court.
3. A permanent criminal record, which could affect your ability to secure employment, housing, or educational opportunities.

How a Defense Attorney Can Help

When facing this charge, you need a strong defense tailored to the specifics of your case. An attorney would explore several potential defenses, including lack of willful intent, unlawful conduct by the officer, or a misunderstanding or miscommunication between you and the officer. 

Proactive Steps to Protect Yourself

To avoid finding yourself in a situation where this charge might arise, consider the following advice:

– Stay calm and respectful during interactions with law enforcement.

– Comply with lawful orders and avoid unnecessary conflict.

– Assert your rights politely, such as declining to answer questions without legal counsel.

Why Legal Representation is Crucial

A charge of resisting a public officer can be intimidating, but it is not insurmountable. With the right legal strategy, it is often possible to reduce the charges or achieve an otherwise favorable outcome in court. At Ley Law, our goal is to protect your rights and guide you through every step of the legal process. If you are facing this charge, contact Ley Law today!