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Why is Resisting Arrest a Serious Crime in Raleigh, NC?

You’re being arrested, and you’re not sure why. Maybe you’re innocent and happened to be in the wrong place at the wrong time. Whatever it’s for, you may be tempted to flee the scene or otherwise put up a fight, especially if you believe it’s a wrongful arrest. But should you?

Why Resisting Arrest Is A Crime

Why is Resisting Arrest a serious crime in Raleigh, NC?North Carolina General Statutes Section 14-223 states that “If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.”  Additional information is available here.

Resisting arrest is doing something that interferes with a police officer doing his or her job. You can go to jail for as long as three months, even if you are innocent of the original charge. For instance, if you’re wrongly arrested for shoplifting and fight or resist the police officer, you can also be charged with resisting arrest. You may be acquitted of shoplifting, but can still be convicted of resisting arrest, and make a bad situation worse. In other words, until you resisted, you were innocent.

You may also be charged if you refuse to cooperate with an officer, give false information or refuse to accept a traffic ticket. Anytime you obstruct, resist or delay an officer or prevent him from doing his or her job, you can be arrested. While these are not the same as physical resistance, they carry the same weight.

Conviction of resisting arrest is a Class 2 Misdemeanor. This can mean:

  • Fines up of up to $1,000
  • Jail time of up to 60 days in county jail
  • Probation that can include required “counseling” and other regular meetings
  •  A requirement for community service

Defense

“Resisting arrest” can be interpreted a number of ways, but there are defenses that can be raised.

  • Self-defense against excessive force—the police are allowed to use necessary force in the course of an arrest. However, they are not allowed to be violent or use excessive force during arrests. If you were the victim of excessive force, you can argue that you were in the act of defending yourself.
  • Unlawful arrest—if a police officer arrests you without a warrant, do not have probable cause or otherwise exceeds authority, you have been “unlawfully” arrested.
  • False accusations—in court, you and your attorney must prove that the accusations are actually false.

Consult with an experienced criminal defense attorney before going to prepare your best defense.

Avoid Being Charged With Resisting Arrest

The first thing to remember is to be polite and cooperate with the police officer. No swearing, fighting or otherwise interfering with the officer, including resisting, delaying, or obstructing him or her.

You are required to give your name to the officer as well as your state identification. (If you’re involved in a car accident, you’ll also be asked for insurance and registration, which is also required.) Beyond that, you do not have to answer any questions, no matter how forcefully they are asked. Decline to answer, in the most civilized and polite fashion, and request to speak to a criminal defense attorney. (You may be given a public defender first.) Avoid answering any more questions or providing any information that, as they say on TV, can, and will, be used against you in court. You could unwittingly give a prosecutor enough information to convict.

Fight Charges of Resisting Arrest

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh. Before defending those accused of crimes, he was a Wake County Assistant District Attorney. He understands the criminal justice system and can defend you against even the most serious felony charges. If you’re charged with resisting arrest, you must take it seriously.

Call the Law Offices of Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

Raleigh Criminal Attorney

Raleigh Criminal Attorney

Raleigh Criminal Attorney Raleigh is a vibrant American city with industry, culture, performing and visual arts, biotech and high-tech research as well as collegiate and professional sports. It’s no surprise that Forbes ranked us #1 on their 2015 list of the best places for businesses and careers. Known as the “City of Oaks,” Raleigh is also the third most educated city in the US as well as the capital city. There are so many things to like about Raleigh. Here are just three. Industry/Economy With The Research Triangle right in the middle of the state, it’s no wonder that Raleigh (and North Carolina in general) is home to some of the biggest industries in the US. Bordered by North Carolina State University, Duke University, University of North Carolina at Chapel Hill, as well as the cities of Raleigh, Durham and Chapel Hill, it’s no wonder the area is so successful. With such diverse industries like banking/financial services, pharmaceuticals, paper products, food processing, clothing and textiles and telecommunications, it’s no wonder Raleigh is the second most populous city in North Carolina. Some of Raleigh’s top companies and employers include: • WakeMed • NC State University • Red Hat • Martin Marietta Materials • CarQuest • First Citizens BancShares • Golden Corral • Lulu Education Boasting twelve institutes of higher education, it’s no wonder Time magazine named Raleigh the third most educated city in the US in 2011. Students come from all over the US to study, and many settle in the area after graduation. If you’re interested in higher education, you have several choices in Raleigh: • North Carolina State University • Wake Technical Community College • Campbell University Norman Adrian Wiggins School of Law • Meredith College • Montreat College's School of Professional and Adult Studies • William Peace University • Shaw University • Skema Business School (the first French Business School to open a campus in the USA) • St. Augustine's University • ECPI College of Technology • The Medical Arts School • Strayer University (Source: Wikipedia) Culinary Are you a foodie? Do you enjoy the process of cooking as well as trying new and interesting food? From small, humble neighborhood eateries and food trucks to the most high-end fine restaurants, Raleigh boasts a thriving food scene that rivals any US city. Even though Raleigh’s cuisine is primarily southern, inbound migration from other parts of the US (not to mention college students) have brought in other types of non-native cuisines. Despite Texas’ claim that it originated there, aficionados will appreciate both styles of North Carolina barbecue: Lexington style and Eastern style. Multiple farmers markets offer fresh, locally grown and produced artisanal foods directly from the grower. Visit one of Raleigh’s many “You-Pick Farms” with your kids (or by yourself) and learn about how food is grown as well as picking your own. From coffee shops to banquet halls, Raleigh has something for every taste and every budget. Want To Know More? Whether you’re a lifelong resident, a recent transplant, or you’re considering moving to the Raleigh area, check out the VisitRaleigh website and learn about everything the City of Oaks has to offer. Raleigh’s Criminal Attorney Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh. Before working on the defense side, he was a Wake County Assistant District Attorney. He understands the criminal justice system, and can handle the most serious felony charges. If you find yourself in trouble, Dewey is ready to help. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.Raleigh is a vibrant American city with industry, culture, performing and visual arts, biotech and high-tech research as well as collegiate and professional sports.

It’s no surprise that Forbes ranked us #1 on their 2015 list of the best places for businesses and careers. Known as the “City of Oaks,” Raleigh is also the third most educated city in the US as well as the capital city.

There are so many things to like about Raleigh. Here are just three.

Industry/Economy

With The Research Triangle right in the middle of the state, it’s no wonder that Raleigh (and North Carolina in general) is home to some of the biggest industries in the US. Bordered by North Carolina State University, Duke University, University of North Carolina at Chapel Hill, as well as the cities of  Raleigh, Durham and Chapel Hill, it’s no wonder the area is so successful.

With such diverse industries like banking/financial services, pharmaceuticals, paper products, food processing, clothing and textiles and telecommunications, it’s no wonder Raleigh is the second most populous city in North Carolina.

Some of Raleigh’s top companies and employers include:

  • WakeMed
  • NC State University
  • Red Hat
  • Martin Marietta Materials
  • CarQuest
  • First Citizens BancShares
  • Golden Corral
  • Lulu

Education

Boasting twelve institutes of higher education, it’s no wonder Time magazine named Raleigh the third most educated city in the US in 2011. Students come from all over the US to study, and many settle in the area after graduation.

Raleigh Criminal Attorney

If you’re interested in higher education, you have several choices in Raleigh:

  • North Carolina State University
  • Wake Technical Community College
  • Campbell University Norman Adrian Wiggins School of Law
  • Meredith College
  • Montreat College’s School of Professional and Adult Studies
  • William Peace University
  • Shaw University
  • Skema Business School (the first French Business School to open a campus in the USA)
  • St. Augustine’s University
  • ECPI College of Technology
  • The Medical Arts School
  • Strayer University

(Source: Wikipedia)

Culinary

Are you a foodie?  Do you enjoy the process of cooking as well as trying new and interesting food? From small, humble neighborhood eateries and food trucks to the most high-end fine restaurants, Raleigh boasts a thriving food scene that rivals any US city.

Even though Raleigh’s cuisine is primarily southern, inbound migration from other parts of the US (not to mention college students) have brought in other types of non-native cuisines.  Despite Texas’ claim that it originated there, aficionados will appreciate both styles of North Carolina barbecue: Lexington style and Eastern style.

Multiple farmers markets offer fresh, locally grown and produced artisanal foods directly from the grower.  Visit one of Raleigh’s many “You-Pick Farms” with your kids (or by yourself) and learn about how food is grown as well as picking your own.

From coffee shops to banquet halls, Raleigh has something for every taste and every budget.

Want To Know More?

Whether you’re a lifelong resident, a recent transplant, or you’re considering moving to the Raleigh area, check out the VisitRaleigh website and learn about everything the City of Oaks has to offer.

Raleigh’s Criminal Attorney

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh. Before working on the defense side, he was a Wake County Assistant District Attorney. He understands the criminal justice system and can handle the most serious felony charges. If you find yourself in trouble, Dewey is ready to help.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.