Free consultation. Same-day case review.

Obstructing a Police Officer

Obstructing a police officer under NRS 197.190 is the intentional act of resisting, delaying, or opposing an officer performing their duties. Without a weapon it's a misdemeanor — up to 6 months and a $1,000 fine. With a dangerous weapon or threat of one, it escalates to a Category B felony with up to 6 years. The charge is often filed alongside resisting arrest, battery on an officer, or disorderly conduct, and the intent element gives the defense real room to work.

Online Scheduling

Button rotates automatically on each page load.

NRS 197.190Nevada · Misdemeanor to Category B Felony

Obstructing a Police Officer

Nevada's obstruction statute criminalizes intentionally resisting, delaying, or opposing a law enforcement officer performing lawful duties. Without a weapon it is a misdemeanor; with a dangerous weapon or threat of one it escalates to a Category B felony. The charge frequently accompanies resisting arrest, battery on an officer, or disorderly conduct.

Without weapon

Misdemeanor — up to 6 months, $1,000 fine

With dangerous weapon

Category B Felony — 1 to 6 years, $5,000 fine

Key element

Officer must have been performing lawful duties

Common stack

Resisting arrest, battery on officer, disorderly conduct

Key statutory language (abridged)

NRS 197.190 prohibits intentionally obstructing, resisting, or opposing a peace officer in the performance of their lawful duties. Involvement of a dangerous weapon — or a threat to use one — elevates the charge from misdemeanor to Category B felony.

Nevada Legislature statute Disorderly conduct defense Battery defense

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Obstructing a police officerWhat the charge requires and how it arises

Resisting or delaying an officer

The most common form of the charge — physically resisting arrest, pulling away, refusing to comply with a lawful command, or taking any action that delays the officer in performing their duties. The statute covers both active resistance and passive obstruction. Refusing to identify yourself, blocking an officer's path, or preventing a search are all potential bases for the charge.

Verbal obstruction

In limited circumstances, words alone can constitute obstruction — if they are directed at third parties to interfere with police action or warn a suspect who is being sought. Mere criticism of an officer, verbal protest, or arguing about whether a stop is lawful is not obstruction. The line between protected speech and criminal obstruction is a contested area of law.

Obstruction during an investigation

Interfering with an arrest, preventing an officer from detaining a third party, or obstructing a police investigation as it is actively unfolding can all support the charge. This includes physically blocking an officer, pulling someone away from custody, or creating a disturbance that disrupts an active enforcement action.

Weapon involved — felony tier

When the obstruction involves a dangerous weapon — or when the defendant threatens to use one — the charge elevates from a misdemeanor to a Category B felony carrying 1 to 6 years in prison. The presence of a weapon doesn't have to be central to the obstruction itself; threatening or displaying a weapon during the encounter triggers the felony tier.

How to read this

These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.

Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Obstructing a police officerHow obstruction charges get challenged

No intent — unintentional or unknowing conduct

NRS 197.190 requires that the defendant intentionally obstructed, resisted, or opposed the officer. Accidental interference, confusion about what the officer was asking, or conduct that had an incidental effect on police activity doesn't satisfy the intent element. If the defendant genuinely didn't know what was being asked of them, or didn't understand the situation, intent is a viable defense.

Didn't know it was a police officer

The statute requires that the defendant knew — or should have known — they were dealing with a law enforcement officer. An officer in plain clothes, an undercover officer, or a situation where the officer's identity was not clearly established can raise a genuine question about whether this element is met. If the defendant reasonably didn't know the person was an officer, the charge may not hold.

The officer's conduct was unlawful

Obstruction requires that the officer was performing lawful duties. If the officer was acting outside the scope of their authority — conducting an unlawful search, making an arrest without legal basis, or using excessive force that provoked a response — the lawfulness of the police conduct is directly at issue. A person cannot be convicted of obstructing an unlawful police action.

First Amendment — verbal protest is protected

Criticizing an officer, arguing about whether a stop is lawful, or protesting police conduct verbally is protected speech under the First Amendment. Unless the words were specifically designed to obstruct the officer's action — warning a suspect or directing a crowd to interfere — the charge cannot be based on what was said alone.

How to use this

These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.

Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Obstructing a police officerMisdemeanor or felony depending on weapon involvement

Obstruction without a weapon

Misdemeanor

Up to 6 months in jail and a fine up to $1,000. Most first-offense cases without aggravating factors are charged at this level.

Obstruction with a dangerous weapon

Category B Felony

1 to 6 years in Nevada state prison and a fine up to $5,000. The presence or threatened use of a dangerous weapon elevates the charge from misdemeanor to felony.

Commonly stacked with other charges

Resisting arrest, battery on officer

Obstruction is frequently charged alongside resisting arrest (NRS 199.280), battery on a police officer (NRS 200.481), and disorderly conduct — all arising from the same incident.

Record consequences

Permanent without sealing

Even a misdemeanor obstruction conviction creates a permanent record. It appears on background checks and can affect employment, licensing, and immigration status.

Important

Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

The lawfulness requirement — when obstruction isn't obstruction

The obstruction statute only applies when the officer was performing lawful duties. This is not a technicality — it's an element of the offense the prosecution has to prove. If the stop wasn't justified, if the arrest lacked probable cause, or if the officer was acting outside the scope of their authority, the conduct may not have been "lawful duties" within the meaning of the statute.

This matters most in cases that arise from disputed encounters — traffic stops where the basis for the stop is weak, arrests where the officer exceeded their authority, or situations where the officer used force that wasn't legally justified. Challenging the lawfulness of what the officer was doing at the time of the alleged obstruction can undercut the entire charge.

Officers don't always have legal authority to do what they're doing in the moment someone interferes. Evaluating whether the underlying police action was lawful is one of the first questions in defending an obstruction case.

Obstruction as part of a stack — how it fits with other charges

Obstruction rarely arrives alone. It's typically filed alongside resisting arrest, battery on a police officer, or disorderly conduct — all arising from the same incident. Prosecutors use obstruction as a secondary charge that covers the conduct surrounding the primary arrest, and it creates additional leverage in plea negotiations.

Understanding the full charge picture — what each offense requires, what overlaps, and what the prosecution's strongest evidence is for each — is how the defense builds leverage in the other direction. A factual challenge that defeats the battery charge may also gut the obstruction charge. A Fourth Amendment issue that suppresses the stop may eliminate all of them.

When obstruction is part of a stack, negotiating resolution of all charges together is usually more effective than litigating each separately. The combined exposure is what matters, and the weaknesses in any one charge affect the strength of the whole case.

What to do if you've been charged

Don't give a statement about the encounter. Obstruction is an intent crime and anything you say about why you acted the way you did — even if it sounds innocent — can be used to establish that you knew what you were doing and chose to do it anyway. Silence is protected. Explanation is not.

If there was body camera footage — from the arresting officer, a nearby officer, or a bystander — it needs to be preserved. What the footage shows about how the encounter unfolded, who escalated it, and what the officer actually said and did is often the most important evidence in the case. Body camera footage has a limited retention period.

Call 702-990-0190 for a same-day case review.

Quick options

OBSTRUCTING A POLICE OFFICER

Flat fee starting at: $2,000

Down to start: $750

Pricing

Reviews

Charged with obstructing a police officer?

5.0 · 17 Google reviews

OBSTRUCTING A POLICE OFFICER

Flat fee starting at: $2,000

Down to start: $750