Defending Against Resisting a Public Officer or Arrest Charge

Resisting, delaying, or obstructing a public officer is a serious offense in North Carolina. This crime, often referred to as “resisting arrest,” involves actions that impede law enforcement officers while they are performing their official duties. Many times, this will be referred to as a shorthand phrase of “RPO” or “RDO”. These actions can include physical resistance, providing false information, or any other conduct that interferes with an officer’s ability to carry out their responsibilities.

Defining Resisting a Public Officer

Under North Carolina law, resisting a public officer is defined as willfully resisting, delaying, or obstructing a public officer who is discharging or attempting to discharge a duty of their office. This can encompass a wide range of behaviors, from physically struggling against arrest to providing false identification or lying to an officer during an investigation. An important and often misunderstood way of getting one of these charges is failing to provide a driver’s license or valid identification when operating a motor vehicle on a public roadway. The offense is classified as a Class 2 misdemeanor, which carries legal consequences.

Penalties for Resisting a Public Officer

The penalties for resisting a public officer in North Carolina are designed to uphold the authority of law enforcement and maintain public order. Here are some of the possible punishments:

Probation

A person convicted of resisting a public officer may be sentenced to probation. Probation allows the individual to avoid jail time, provided they comply with certain conditions set by the court. These conditions may include regular check-ins with a probation officer, community service, and avoiding any further criminal activity. Probation is often seen as a way to rehabilitate the offender while still holding them accountable for their actions. During the probation period, the individual must demonstrate good behavior and adhere to all court-mandated requirements.

Fines

Fines are another common penalty for resisting a public officer. The amount of the fine can vary depending on the specifics of the case and the discretion of the judge. Fines serve as both a punishment and a deterrent to prevent future offenses. The financial burden imposed by fines can be significant, particularly for individuals with limited financial resources. In addition to fines, the court may also require the offender to pay court costs and other related fees. These financial penalties can add up, making it essential to avoid repeated offenses.

Jail Time

In more severe cases, particularly if the resistance involved violence or if the individual has prior convictions, jail time may be imposed. A conviction for resisting a public officer can result in a jail sentence of up to 60 days for a Class 2 misdemeanor. The actual length of the jail sentence will depend on various factors, including the defendant’s criminal history and the specifics of the offense. Jail time is a serious consequence that underscores the importance of respecting law enforcement authority. Even short periods of incarceration can have a significant impact on an individual’s life, affecting employment, housing, and family relationships.

Impact on Criminal Record

A conviction for resisting a public officer will result in a permanent criminal record, which can have long-lasting consequences. This record can affect a person’s ability to find employment, secure housing, and obtain professional licenses. It may also impact their reputation and personal relationships. Having a criminal record can create significant barriers in various aspects of life, making it essential to seek legal representation to mitigate these effects. In some cases, individuals may be eligible for expungement, which can remove the conviction from their record and help them move forward.

Defending Against Resisting a Public Officer Charges

If you are facing charges for resisting a public officer, it is crucial to seek legal representation from an experienced criminal defense attorney. A skilled lawyer can help you navigate the complexities of the legal system and build a strong defense to protect your rights. An effective defense strategy may include challenging the evidence, presenting mitigating circumstances, and negotiating with the prosecution for reduced charges or alternative sentencing options. Early intervention by a knowledgeable attorney can significantly improve the chances of a favorable outcome.

Legal Representation

At Doermann Edwards, we are dedicated to defending clients accused of resisting a public officer and other criminal offenses. Our team of dedicated attorneys is committed to providing comprehensive legal services to ensure the best possible outcome for your case. We understand the emotional and legal challenges involved in such cases and are here to support you every step of the way. Our goal is to protect your rights, minimize the impact of the charges on your life, and help you achieve a positive resolution. If you would like to obtain more information concerning these charges, please visit the University of North Carolina School of Government’s website here.

If you or someone you know is facing charges for resisting a public officer in North Carolina, contact us today for a free consultation. You can contact us via phone at 336-314-3749 or by filling out our contact form here. We are here to help you understand your rights and guide you through the legal process.