The body has a built-in reaction to danger called the fight-or-flight response. When confronted with a perceived threat, a person may resort to extreme measures to protect their safety. While this reaction helped our caveman ancestors survive, it can be problematic in today’s society. When you are confronted by police or are being arrested, you may have an initial tendency to resist. If you take actual steps to fight or try to avoid officers, the police could charge you with resisting arrest.
Resisting Arrest Charges
Resisting arrest is called resisting officers. Resisting officers is a criminal offense as per North Carolina General Statute 14-223. The charges may be a misdemeanor or felony, depending on various factors. Resisting officers occurs if a person shall “willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty”. Basic resisting officers is a Class 2 misdemeanor. When the resistance results in serious injury, the charges will be a Class I felony, and when it results in serious bodily injury, it is a Class F felony.
Examples of Resisting Arrest
A variety of physical or non-physical actions may be considered resisting. Fleeing the scene or running from police is a form of resisting. If someone tries to fight, kick, hit, or pull away from an officer in an attempt to evade getting handcuffed, the person could be charged with resisting. Any violent, abusive, or combative actions interfere with the officer’s job, and resisting arrest charges may apply. If you hit, punch, kick, or spit on an officer, you may be charged with a felony. Serious bodily injury occurs when the injury causes extreme pain, loss or impairment of organ function, or an injury that requires “prolonged hospitalization”.
Penalties for Resisting Arrest
A basic misdemeanor resisting charge is a Class 2 misdemeanor. If convicted, penalties may include fines of up to $1,000, a jail sentence of up to 60 days, community service, probation, and more. You may be required to participate in counseling as a part of your probation. Penalties for a felony are more severe, with higher fines and longer jail sentences. If you have previous convictions for similar offenses, the sentence may be higher. You may present mitigating factors to the court that could potentially reduce the sentence.
Defending Resisting Arrest Charges
Defending against resisting arrest charges can be challenging. Your attorney will review the evidence to determine the best way to defend the charges. Many police officers and law enforcement vehicles are equipped with video recording devices, so the behavior may have been captured. You may be able to fight the charges if there was no probable cause for the arrest in the first place. Another possible defense is that you did not intend to cause harm or that there was no intent to resist. Self-defense is another possible defense in some cases, depending on the evidence.
If you or a loved one is facing criminal charges, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to talk to our experienced criminal defense attorneys.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-223.html
Image Credit:
https://www.freeimages.com/photo/police-officer-searching-man-1924203
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