Resisting, delaying, or obstructing a public officer is unfortunately a very common charge in North Carolina, often filed alongside other offenses such as disorderly conduct or being intoxicated and disruptive. A Class 2 misdemeanor, also known as “resisting arrest, “RPO,” or “RDO,” resisting public officer is one of the most overcharged offenses we commonly encounter. Words, body language, or even hesitation can sometimes be used as the basis for an arrest. If you have been accused of resisting a public officer, you should speak with a criminal defense attorney as soon as possible.

 

What Does “Resisting Public Officer” Mean

Under North Carolina law, a person may be charged with resisting a public officer when they willfully and unlawfully resist, delay, or obstruct an officer who is performing official duties. Important elements of this offense include:

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• The officer must have been performing or attempting to perform an official duty

• The individual’s conduct must have resisted, delayed, or obstructed the officer in some way

 

This charge is often referred to as “resisting arrest,” but it covers more than just physical struggle. It can also involve conduct that interferes with an investigation or lawful command.

 

Examples of Resisting, Delaying, or Obstructing

Charges for resisting public officer can occur in many different situations. Common examples include:

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• Pulling away, tensing up, or physically struggling when an officer attempts to handcuff you

• Running from an officer after being told to stop

• Refusing to provide your name or giving false identifying information during a lawful stop

• Interfering with an officer who is trying to detain or arrest someone else

• Blocking an officer’s path or refusing repeated, lawful commands to move

• Arguing in a way that escalates and prevents the officer from safely completing a lawful duty

 

There is an important difference between calmly asserting your rights and unlawfully resisting. A strong defense often centers on this distinction.

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Why You Need an Attorney 

An experienced criminal defense attorney can:

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• Analyze whether the officer’s actions were lawful

• Obtain and review video (including officer's bodycam video), reports, and witness statements

• Identify defenses based on your conduct, your intent, and your circumstances

• Negotiate for dismissal, reduction, or a favorable plea where appropriate

• Argue for outcomes that protect your record, such as deferred prosecution or conditional discharge when available
   

What To Do If You Are Charged

If you are charged with resisting, delaying, or obstructing a public officer in North Carolina:

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1. Do not discuss the details of the incident with anyone other than your attorney

2. Contact a criminal defense lawyer as soon as possible