Charged with Resisting Arrest in North Dakota? Here’s What You Need to Know
- Heartland
- Oct 8
- 4 min read
If you’ve been charged with resisting arrest in North Dakota, you’re not alone—and you’re not without options. This charge often happens during stressful encounters with police, where emotions run high and misunderstandings escalate quickly.
But before you assume the worst, it’s important to understand what North Dakota law actually says, what penalties you could face, and how an experienced defense attorney can help you fight the charge.
Understanding Resisting Arrest Under North Dakota Law
Under North Dakota Century Code § 12.1-08-02, resisting arrest occurs when a person “intentionally prevents or attempts to prevent a public servant from effecting an arrest.”
You can be charged with resisting arrest even if:
You didn’t physically fight the officer.
The arrest itself was based on a misunderstanding.
You only hesitated, pulled away, or argued during the encounter.
Common actions that can lead to this charge include:
Pulling your hands away during handcuffing.
Refusing to follow verbal commands.
Running or walking away after being told you’re under arrest.
Physically struggling or using force against an officer.
Even minor resistance can be treated seriously in North Dakota courts.
What Are the Penalties for Resisting Arrest in
ND?
In most cases, resisting arrest is a Class A misdemeanor in North Dakota.
That means you could face:
Up to 1 year in jail
Fines up to $3,000
Probation or community service
A criminal record that appears on background checks
However, if the alleged resistance involves violence, injury, or a weapon, prosecutors may file felony charges, significantly increasing potential prison time and penalties.
Can You Be Charged With Resisting Arrest if the Arrest Was Unlawful?
Yes — and this surprises many people.
Even if an arrest later turns out to be unlawful, you can still be charged with resisting if you used force or refused to comply. The law generally expects individuals to challenge unlawful arrests in court, not during the arrest itself.
That said, if your defense attorney can show that:
The officer used excessive force, or
You did not knowingly resist, or
There’s conflicting evidence from bodycams or witnesses—
Then your attorney can challenge the charge or negotiate for a dismissal or reduction.
How a North Dakota Criminal Defense Attorney Can Help
At Heartland Law Office, we’ve represented clients across Burleigh County, Ward County, and Williams County facing resisting arrest charges alongside other offenses like DUI, disorderly conduct, or assault on a peace officer.
A skilled defense attorney can:
Review bodycam and dashcam footage for inconsistencies
Challenge whether officers followed proper arrest procedures
Cross-examine law enforcement on use of force or commands given
Negotiate to reduce or dismiss charges
Protect your rights in court
Whether your case is in Bismarck, Minot, Dickinson, Williston, Fargo, or Grand Forks, our team helps ensure your side of the story is heard and your rights are defended.
Where Resisting Arrest Cases Are Heard in ND
If you were charged in Bismarck or the surrounding area, your case will likely go through the Burleigh County Courthouse or Bismarck Municipal Court.
For cases elsewhere in the state:
Ward County Courthouse (Minot)
Williams County Courthouse (Williston)
Stark County Courthouse (Dickinson)
Cass County Courthouse (Fargo)
Grand Forks County Courthouse (Grand Forks)
Each courthouse follows similar criminal procedures, but local experience can make a difference when negotiating with prosecutors or navigating the local judicial process.
What To Do If You’ve Been Charged With Resisting Arrest in ND
If you’ve been charged, do not speak to police or prosecutors without an attorney. Anything you say can be used against you—even if you’re trying to explain your side.
Here’s what to do:
Contact a criminal defense attorney immediately.
Avoid discussing your case on social media.
Preserve any evidence, such as video or witness contact information.
Attend all court dates or risk additional charges.
Heartland Law Office can step in quickly to protect your rights, assess the evidence, and build a strong defense strategy from day one.
FAQ: Resisting Arrest Charges in North Dakota
Q: Is resisting arrest a felony in North Dakota?
A: Usually, it’s a Class A misdemeanor. However, if you allegedly used violence or a weapon, it can become a felony charge.
Q: Can you be charged with resisting arrest if you didn’t fight back?
A: Yes. Even passive resistance—like refusing to comply or pulling away—can lead to a resisting arrest charge.
Q: What if the officer used excessive force?
A: Your attorney can argue self-defense or unlawful use of force, potentially leading to dismissal or reduction of charges.
Q: Do I need a lawyer for a resisting arrest charge?
A: Absolutely. A conviction can impact your job, reputation, and record. A defense lawyer can evaluate the evidence and protect your rights in court.
Q: Where can I find help for resisting arrest charges in Bismarck or Minot?
A: Contact Heartland Law Office at 701-JUSTICE or visit heartlandlawoffice.com for legal guidance anywhere in North Dakota.
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Citations & Resources
If you want to learn more about how resisting arrest charges work in North Dakota, you can review North Dakota Century Code § 12.1-08-02, which defines what counts as resisting or obstructing arrest. The North Dakota Courts website also explains how criminal cases move through the system—from arraignment to sentencing.
For specific courthouse information, visit the Burleigh County District Court if your case is in Bismarck, or explore other county court listings across the state. You can also read recent North Dakota Supreme Court opinions for examples of how the courts interpret resisting arrest and related offenses.
If someone you care about is in custody, the North Dakota Department of Corrections and Rehabilitation provides resources for locating inmates and understanding the correctional process.
For personal guidance, the team at Heartland Law Office offers local experience in defending resisting arrest, DUI, and related charges across Bismarck, Minot, Dickinson, Williston, and throughout North Dakota.
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.
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