Resisting Arrest Charges in Nevada
The Nevada legislature has made resisting arrest a crime in Nevada through NRS 199.280.
The statute makes it a crime to resist arrest or obstruct a police officer from carrying out their duties. The crime is ordinarily a misdemeanor, however, it becomes a felony if firearms or dangerous weapons are used during the offense.
What is the Exact Language of the Statute?
“NRS 199.280 Resisting public officer. A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office shall be punished.
- Where a firearm is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a firearm from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category C felony as provided in NRS 193.130.
- Where a dangerous weapon, other than a firearm, is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a weapon, other than a firearm, from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.
- Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.”
What are the Penalties for Resisting Arrest?
The misdemeanor form of resisting arrest carries a punishment of up to 6 months in the county jail, and/or fines of up to $1,000.00.
If the resisting arrest offense involved a dangerous weapon, but not a firearm, it is a Category D felony which can have a sentence of 1 to 4 years in prison and up to $5,000.00 in fines. If the resisting arrest involved a firearm, it becomes a Category C felony with 1 to 5 years in prison and up to $10,000.00 in fines.
What are some Examples of Resisting Arrest?
Resisting arrest can occur in a wide range of scenarios including
- running away from police;
- trying to break free from an officer's grip during an arrest;
- trying to steal a police officer's weapons;
- otherwise physically interfering in the exercise of lawful officer duties.
What are Defenses to Resisting Arrest?
There are several different defenses to resisting arrest allegations. Some common defenses would include:
- the law enforcement officer was not acting within the scope of his duties,
- the officer used excessive force,
- there was no willfulness,
- nothing the defendant did qualifies as having resisted, delayed, or obstructed,
- the defendant acted in lawful self-defense, or
- the arrest was illegal.
- The conduct of the defendant was constitutionally protected, such as by the First Amendment.
Can my case be dismissed?
If resisting arrest is your most serious charge, there is a good chance that an experienced attorney can help you negotiate a plea deal involving a dismissal. It might be possible to get your case dismissed in exchange for you agreeing to take a class on impulse control, for example.
If a plea deal is not possible, our attorneys will work to fight your case all the way through trial to get a not guilty verdict and get any bogus allegation of resisting arrest off your record when the time comes. Call us today so we can give you a free initial review of your