What Should You Understand About Charges Affecting Justice and Public Order in North Carolina?

Sometimes, a situation can get out of hand quickly. Maybe it started as a simple police interaction, a protest, a heated argument, or even just being in the wrong place at the wrong time. Suddenly, you find yourself facing criminal charges that sound serious and confusing – things like “Resisting a Public Officer,” “Disorderly Conduct,” or even “Obstruction of Justice.” These aren’t like theft or assault charges, but they are crimes against the way our justice system and public peace are supposed to work, and North Carolina takes them very seriously.

If you’ve been charged with an offense against justice or public order in Greensboro, Winston-Salem, High Point, Burlington, Asheboro, Graham, Kernersville, or anywhere in between, you might be wondering, “What did I even do wrong?” or “How much trouble am I really in?” These charges can feel vague, and sometimes they get added on top of other accusations, making everything seem much worse.

Here at Huggins Law Firm, our team understands how stressful and confusing these charges can be. We’ve spent years helping people navigate the North Carolina Criminal Law system, defending them against all kinds of accusations, including those that disrupt public order or interfere with official duties. We know these situations often involve misunderstandings, heightened emotions, or officers misinterpreting actions. Our goal is to provide clear, simple information about these specific types of crimes, explain what’s at stake, and show you how an experienced lawyer can protect your rights.

What Kinds of Crimes Are Considered “Offenses Against Justice & Public Order” in NC?

This category of crimes is pretty broad. Unlike crimes against a person (like assault) or property (like theft), these offenses are seen as harming the functioning of government, the courts, law enforcement, or the general peace and safety of the community.

Think of it like this: laws against theft protect your stuff, and laws against assault protect your body. Laws against justice and public order are meant to protect the systems that keep society running smoothly and peacefully.

Even though many of these crimes don’t involve physical violence, a conviction can still lead to serious penalties in North Carolina:

• Jail time (even for misdemeanors)
• Significant fines and court costs
• A permanent criminal record (making jobs, housing, and loans harder to get)
• Probation with strict conditions
• Damage to your reputation in the community

Because these charges often arise during interactions with police or court officials, understanding your rights during those encounters is incredibly important. Having a knowledgeable lawyer review the details is often the best first step.

Why Are Charges Like Resisting or Obstruction Often Added On?

One tricky thing about offenses against justice and public order is that they frequently don’t happen in isolation. It’s very common for charges like “Resisting a Public Officer” or “Disorderly Conduct” to be added on top of whatever initial charge led to the police interaction in the first place (like a DWI stop, a domestic dispute call, or being present during a protest).

Why does this happen?

• Escalation: A situation might start calm but become tense. Actions taken during the heat of the moment, even just arguing loudly or pulling away instinctively, might be interpreted by an officer as resisting or disorderly.
• Subjectivity: Some of these charges, especially disorderly conduct, can be somewhat subjective, based on an officer’s perception of whether behavior is disruptive or offensive.
• Leverage: Sometimes, extra charges might be added by law enforcement or prosecutors as leverage in plea negotiations.

The danger is that these “add-on” charges can turn a relatively minor initial situation into a much more serious criminal case with significantly higher potential penalties. An experienced lawyer knows how to analyze whether these additional charges are truly justified by the evidence or if they were inappropriately applied. Finding a good lawyer “near me” who understands these dynamics is crucial.

What Specific Offenses Against Justice & Public Order Does Huggins Law Firm Handle?

This category includes a variety of specific crimes under North Carolina law. Our team has experience defending clients against many of these charges, including some of the most common ones faced by people in the Greensboro, Winston-Salem, and surrounding Piedmont Triad areas:

• Resisting a Public Officer (Resisting Arrest): (NCGS § 14-223) This is probably the most frequent charge in this category. It involves willfully and unlawfully resisting, delaying, or obstructing a public officer (usually police) while they are trying to perform their official duties. We’ll explain what actions actually count as “resisting” and common defenses.
• Disorderly Conduct: (NCGS § 14-288.4) This is often seen as a “catch-all” charge for behavior that disturbs the public peace. It can range from fighting in public to making excessively loud noise intended to disrupt. Because it’s vague, it’s often challengeable.
• Obstruction of Justice: This is a more serious offense that involves intentionally interfering with the administration of justice. It can include things like hiding evidence, intimidating witnesses, or lying to police during an active investigation (though simply remaining silent usually isn’t obstruction).
• Perjury: (NCGS § 14-209) This involves intentionally making a false statement under oath (like in court or on a sworn affidavit) about a matter that is important to the proceeding. It’s considered a serious offense because it undermines the very foundation of the justice system.

Understanding the specific elements the prosecutor must prove for your particular charge is the foundation of building an effective defense. Click the links above to learn more about each specific offense.

What Kind of Penalties Do These Crimes Carry in North Carolina? This is where we will link cluster pages

The penalties vary depending on the specific crime charged. Many offenses against public order are misdemeanors, but some can be felonies.

• Resisting a Public Officer (NCGS § 14-223): Typically a Class 2 misdemeanor. Penalties can include up to 60 days in jail (though often probation for first offenders), fines, and court costs.
• Disorderly Conduct (NCGS § 14-288.4): Usually a Class 2 misdemeanor if it’s general disruption. However, it can become a Class 1 misdemeanor if it occurs at a school or funeral, or involves inciting a riot near certain facilities. It can even be a Class H felony if committed during a state of emergency.
• Obstruction of Justice (Common Law / Various Statutes): This can range significantly. Some specific statutory forms might be misdemeanors, but common law obstruction or more serious acts like witness tampering (NCGS § 14-226) are often felonies (e.g., Class G or F).
• Perjury (NCGS § 14-209): Perjury committed in connection with a capital crime is a Class D felony. Perjury in most other official proceedings is a Class F felony. This is a serious charge reflecting the importance of truthfulness under oath.

Beyond the Sentence – The Hidden Costs: Even misdemeanor convictions for these offenses can have lasting negative impacts:

• Criminal Record: Makes it harder to pass background checks for jobs, housing, or volunteer positions. Employers may hesitate to hire someone convicted of resisting arrest or obstruction.
• Credibility Issues: A conviction for perjury or obstruction can severely damage your reputation and make people less likely to trust you in the future. It could even impact your testimony in unrelated future legal matters (like a Family Law case).
• Impact on Other Cases: If you were charged with resisting arrest alongside another crime (like DWI or assault), the resisting conviction can sometimes make it harder to negotiate a favorable outcome on the underlying charge.

How Can a Lawyer Defend Against Charges Like Resisting, Disorderly Conduct, or Obstruction in NC?

Just because an officer charges you doesn’t mean the charge will stick. These offenses often rely heavily on the officer’s subjective interpretation of events, and there are many ways an experienced North Carolina criminal defense lawyer can challenge the accusations.

Common Defense Strategies:

1. Challenging the Officer’s Actions:
   • Was the Officer Acting Lawfully? For a resisting charge (NCGS § 14-223), the officer must have been performing an official duty in a lawful manner. If the initial stop or attempted arrest was illegal (e.g., lacked reasonable suspicion or probable cause), you may have had the right to resist unlawful force (though this is very fact-specific and risky). Your lawyer will scrutinize the legality of the officer’s conduct before the alleged resistance occurred.
   • Was Your Action Actually “Resisting, Delaying, or Obstructing”? Simply arguing with an officer or asking questions is generally not enough. The state must prove you took some willful action intended to impede the officer. Did you physically pull away? Run? Give clearly false information to obstruct? The line can be thin, and your lawyer will challenge whether your conduct met the legal definition. Bodycam footage is often crucial evidence here.
2. Lack of Intent:
   • Resisting/Obstruction: Did you intend to interfere? Maybe you pulled away instinctively due to pain or surprise, not to prevent arrest. Maybe you provided incorrect information because you were confused or scared, not to intentionally mislead.
   • Perjury: Did you know the statement was false when you made it under oath, and did you intend to mislead the court? An honest mistake or a faulty memory is not perjury.
3. Challenging “Disorderly Conduct” Vagueness:
   • Protected Speech: Was your conduct actually constitutionally protected free speech (like participating in a lawful protest)? The First Amendment protects a lot of speech, even if it’s offensive to some, as long as it doesn’t cross the line into inciting violence or creating a true public disturbance. (Source: ACLU resources on free speech).
   • Not Truly “Disorderly”: Was the conduct genuinely disruptive to the public peace, or just annoying to the officer or a single complainant? The law usually requires more than a minor annoyance. Your lawyer will argue the specific facts don’t meet the legal threshold for disorderly conduct under NCGS § 14-288.4.
4. Self-Defense: If you used physical force against an officer, was it reasonable and necessary to defend yourself against excessive force being used by the officer? This is a complex defense requiring strong evidence.
5. Insufficient Evidence: Does the prosecutor have credible witnesses or clear video evidence to prove the charge beyond a reasonable doubt? Often, these cases come down to your word against the officer’s, and your lawyer’s job is to highlight inconsistencies or lack of corroboration.

An experienced lawyer knows how to analyze the specific statute, review the evidence (especially bodycam footage), interview witnesses, and build the best defense tailored to your situation in Greensboro, Winston-Salem, or wherever the charges arose.

Why is Local Experience in Greensboro, Winston-Salem, and the Piedmont Triad Important for These Cases?

While the North Carolina statutes apply statewide, how these specific charges are handled can vary subtly from county to county (Guilford, Forsyth, Alamance, Randolph, etc.) and even from courtroom to courtroom. Having a lawyer who practices regularly in these areas offers real advantages:

• Understanding Local Interpretations: How do local judges typically interpret vague terms like “disorderly” or “obstructing”? What level of resistance usually leads prosecutors to pursue a resisting charge versus dropping it? Local experience provides this insight.
• Relationships with Prosecutors: A lawyer who has a professional working relationship with the local District Attorney’s office may be better positioned to negotiate effectively for charge reductions or dismissals. Credibility matters.
• Familiarity with Law Enforcement: Knowing the local police departments or sheriff’s offices, their training, and their common practices can be helpful in evaluating an officer’s actions during an arrest or investigation.
• Navigating Court Procedures: Each courthouse has its own rhythm and procedures. A local lawyer won’t waste time figuring out the basics and can move your case forward efficiently.

The Huggins Law Firm team lives and works in the Piedmont Triad. We appear in these courts regularly, defending clients against all types of Criminal Law charges. If you’re looking for a knowledgeable lawyer “near me,” our local presence and experience are significant assets.

A Stat You Might Not Hear About Resisting Arrest

Official statistics often focus on the primary charge, not the add-ons. However, analyses of arrest data by researchers or civil rights groups sometimes reveal interesting patterns. For instance, studies in various jurisdictions (data specific to NC might be limited publicly) have sometimes shown that charges like Resisting Arrest or Obstruction are disproportionately filed against certain minority groups or during encounters involving allegations of police misconduct. ([Source: DOJ reports or academic Criminology journals occasionally publish such analyses]). While not proof of innocence in any specific case, this context highlights that resisting charges can sometimes arise from contentious police interactions and aren’t always straightforward. It underscores the importance of scrutinizing the entire interaction, not just the alleged resistance itself.

Key Takeaways for NC Offenses Against Justice & Public Order

• These crimes involve interfering with police/courts or disturbing the peace (Resisting, Disorderly Conduct, Obstruction, Perjury).
• They are often added on to other charges and can significantly increase penalties.
• Most are misdemeanors (like Class 2 Resisting/Disorderly Conduct), but some (Obstruction, Perjury, aggravated Disorderly Conduct) can be felonies.
• Convictions lead to criminal records, potential jail time, fines, and serious reputational damage.
• Defenses often involve challenging the officer’s actions, proving lack of criminal intent, arguing actions didn’t meet the legal definition of the crime, or constitutional violations.
• Charges like Disorderly Conduct can be vague and subjective, making them potentially easier to fight with a good lawyer.
• Never physically resist a lawful arrest, but do assert your right to remain silent and ask for a lawyer.
• Contacting an experienced NC criminal defense lawyer immediately is crucial.

Charges like resisting arrest, disorderly conduct, obstruction, or perjury can create serious problems, even if they seem minor at first. Protect your record and your future. If you’re facing accusations related to offenses against justice or public order in Greensboro, Winston-Salem, High Point, or anywhere in the Piedmont Triad, contact the Huggins Law Firm. Our experienced Criminal Law team is ready to defend you. Call us today for a confidential consultation: Contact link.

• Resisting a Public Officer (NCGS § 14-223): Typically a Class 2 misdemeanor. Penalties can include up to 60 days in jail (though often probation for first offenders), fines, and court costs.
• Disorderly Conduct (NCGS § 14-288.4): Usually a Class 2 misdemeanor if it’s general disruption. However, it can become a Class 1 misdemeanor if it occurs at a school or funeral, or involves inciting a riot near certain facilities. It can even be a Class H felony if committed during a state of emergency.
• Obstruction of Justice (Common Law / Various Statutes): This can range significantly. Some specific statutory forms might be misdemeanors, but common law obstruction or more serious acts like witness tampering (NCGS § 14-226) are often felonies (e.g., Class G or F).
• Perjury (NCGS § 14-209): Perjury committed in connection with a capital crime is a Class D felony. Perjury in most other official proceedings is a Class F felony. This is a serious charge reflecting the importance of truthfulness under oath.