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Resisting Arrest

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.

  1. 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.
  2. 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.
  3. 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

Act Now to Protect Your Rights

The criminal justice system can be harsh and unforgiving. Expertise and attention to detail are essential. Liberators Criminal Defense is here to use those skills to achieve justice, fairness, and a winning result in your case.

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