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NC statute § 14-34.7 provides, in part
(c) Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class I felony if the person does any of the following:
(1) Assaults a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicts physical injury on the officer.
So spitting would be considered "assault". IF the assault caused some harm to the officer (physical injury)? Then it is a felony.
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