It might seem like resisting arrest only applies if you run from police or get physically aggressive—but in Nevada, you can still be charged even if you never laid a hand on an officer. These cases often depend on vague allegations and subjective police observations, which makes them prone to overcharging—and open to legal challenge.

What Does Nevada Law Say About Resisting Arrest?

Nevada law defines resisting arrest broadly. It's not just about fighting or fleeing. You can face charges if police say you:

• Pulled away during handcuffing

• Didn't immediately follow verbal commands

• Delayed, questioned, or obstructed the arrest process in any way

While many resisting charges are misdemeanors, they can be filed as felonies if officers claim you used force or posed a threat.

Can You Really Be Charged Without Fighting Back?

Absolutely. In fact, many people are charged with resisting arrest based solely on how an officer interpreted their behavior. Common examples include:

• Tensing up or flinching when touched

• Hesitating to comply or asking clarifying questions

• Appearing confused, overwhelmed, or afraid

In these cases, it's less about actual resistance and more about whether an officer felt challenged, disrespected, or not instantly obeyed.

How Body Camera Footage Can Help

Body cam footage can be the key to defending against resisting arrest charges. It can:

• Show what actually happened—especially if it contradicts the officer's report

• Reveal whether force was used unnecessarily

• Expose inconsistencies or raise credibility issues if footage is missing

A skilled defense attorney will review the footage closely to reconstruct events and contest any exaggerated claims.

Why These Charges Are Often Overused

Unfortunately, resisting arrest is sometimes used as a “cover charge.” Officers may add it to:

• Justify an arrest for a minor or questionable offense

• Shift blame after using force

• Explain why a routine stop escalated unnecessarily

This makes resisting arrest charges particularly important to challenge—because they're often used to protect the police narrative, not reflect what really happened.

How to Defend Against a Resisting Arrest Charge

A strong defense can include:

• Using video or witness evidence to prove you weren't resisting

• Highlighting contradictions between the officer's report and the footage

• Arguing that you didn't know you were being arrested at the time

• Filing motions to dismiss or reduce the charge before trial

Final Thoughts

Resisting arrest doesn't always mean violence—but it usually means a gray area. And gray areas are where good legal strategy makes all the difference. If you're facing this charge, don't treat it like a small issue. With the right approach, resisting arrest cases can often be reduced—or thrown out completely.

Charged with resisting arrest in Las Vegas? Contact Liberators Criminal Defense for a free consultation. We know how to challenge shaky charges—and we fight to clear your name.