Resisting, delaying, or obstructing an officer
This charge, often called RDO, applies when a person willfully and unlawfully resists, delays, or obstructs a public officer who is carrying out, or trying to carry out, a duty of the office. It is usually a misdemeanor. It becomes a felony if it causes an officer serious injury.
Whether the officer was carrying out a lawful duty, and what you actually did, are often the key questions. RDO is often added to other charges, and it deserves a close look.
These charges are sometimes filed after an argument with an officer during a traffic stop, a call to a home, or a crowded event. Officers are trained to control a scene, and people under stress do not always react calmly. The question in court is not whether the encounter was unpleasant, but whether the State can prove each part of the charge.
Obstruction of justice
Obstruction of justice is a broader charge. It covers acts meant to prevent, obstruct, or defeat the administration of justice, such as destroying evidence or interfering with witnesses. It can be a misdemeanor or, when done in secrecy and malice or with deceit and intent to defraud, a felony. Related charges include intimidating a witness and harboring a fugitive.
Disorderly conduct and other public order charges
- Disorderly conduct, which covers causing a public disturbance by fighting or threatening violence, using words or gestures meant and likely to provoke violence, or disrupting a school, a religious service, or a funeral.
- Charges tied to crowds and riots, including not leaving an area when ordered.
- Trespass, including refusing to leave when told.
- Charges tied to being intoxicated and disruptive in public.
- Assault on a government official or officer, which is more serious and sometimes charged with RDO.
First Amendment protections can matter in some of these cases, especially when the charge is based mainly on what someone said.
Why video matters
Many of these cases are recorded by body cameras, dash cameras, phones, or nearby businesses. Video can show what the report leaves out. Body and dash camera recordings are not public records under G.S. 132-1.4A. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it, and getting a copy generally needs a superior court order. Other video may be overwritten quickly, so we move early.
Possible outcomes
We never promise a result. Depending on the facts and your record, outcomes may include dismissal, a deferred prosecution or other program, a reduction, or a trial. If the stop or arrest was unlawful, we may file motions that change the case. We tell you which options are realistic.
A conviction for resisting or obstruction can matter more than people expect. Employers and licensing boards may see it as a sign of conflict with authority. That is one more reason to look closely at the evidence before deciding how to resolve the case.
Protests and public events
Some of these charges come from protests, demonstrations, or large events. The First Amendment protects peaceful protest, but it does not protect every act. Charges based on not following an order to leave, or on obstruction, often depend on what order was given, whether it was lawful, whether people could hear it, and what each person did. Group arrests can sweep in people who were simply nearby.
If you were arrested at a protest or event, write down what you saw and heard, and save any video you took. Do not post about the case online. Talk to a lawyer before you speak with investigators.
How we help
We do not accept the police report as fact. We get the video, compare it to the reports, and talk with witnesses. We tell you the hard truth about the evidence and prepare every case as though it is going to trial. We explain our fee in writing before you hire us.
Call (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is resisting an officer in North Carolina?
Resisting, delaying, or obstructing an officer means willfully and unlawfully resisting, delaying, or obstructing a public officer who is carrying out a duty of the office. It is usually a misdemeanor, and it becomes a felony if it causes an officer serious injury.
Can I be charged for refusing a search or asking questions?
You may decline to consent to a search. Whether words or questions can support a charge depends on the facts. Physically resisting, even during a stop you believe is unlawful, can lead to more charges.
Is obstruction of justice a felony in NC?
It can be. Obstruction of justice is usually a misdemeanor, but it can be a felony when done in secrecy and malice, or with deceit and intent to defraud. The facts of each case matter.
Can a resisting an officer charge be dismissed?
Sometimes. If the officer was not acting lawfully, or the evidence does not show willful resistance, the charge may be challenged. Video is often important. Every case is different.