Resisting an arrest is when you physically interfere with a police officer’s attempt to arrest you lawfully. In Nevada, resisting arrest is a very serious crime and could result in equally serious penalties. Under Nevada Law (NRS 199.280) it is a crime to resist arrest, and you could face misdemeanor charges for doing so. However, if you have a firearm and resist arrest, it could become a Category C felony. In addition, if the weapon is considered “dangerous,” it could result in a Category D felony.
What Constitutes Resisting Arrest?
Resisting arrest does not have to be blatant, and the law recognizes several forms of resisting arrest, which include:
- Attempting to run from the police
- Fleeing the scene
- Using force to free yourself from the police officer
- Engaging in a fist fight with police officers
- Threatening officers with a weapon in order to avoid arrest
- Attempting to take the officer’s gun or taser
- Verbally stating you refuse to be arrested
What is the Penalty for Resisting Arrest in Nevada?
If you are convicted of resisting arrest, you could face:
- Misdemeanor Charges – Includes up to six months in jail, a fine of up to $1,000, and community service.
- Category C Felony Charges – Includes up to five years in a state prison and fines up to $10,000.
- Category D Felony Charges – Includes up to four years in a state prison, and fines up to $5,000.
The Burden of Proof is on the Prosecution
The prosecution must prove that you were actually resisting arrest and that your actions constitute a valid charge. While physical violence is often all the evidence they need, a simple verbal refusal is harder for the prosecution to prove. Non-threatening statements or simply disagreeing with the police are hard to prove, and therefore a person is rarely charged with resisting arrest in those types of situations. If, however, you have loud, extended arguments with the police, you may find yourself facing this charge.
Potential Defense to Resisting Arrest
A skilled criminal defense attorney can help you explore a variety of potential defenses. Some that you may be able to use include:
- Self Defense – If the police officers were using more force than necessary, you may be able to claim self-defense for resisting arrest. You must, however, only use the reasonable amount of force to resist that arrest. Using excess violence and then claiming self-defense will not work.
- Unlawful Arrest – If the officer attempted to arrest you without probable cause or a warrant, your attorney may be able to argue that the arrest itself was unlawful.
Contact the Attorneys at De Castroverde Law Group Today
If you have been charged with resisting arrest, you need a criminal defense attorney by your side. The criminal defense attorneys at De Castroverde Law Group can help you with your resisting arrest charge and explore potential defenses based on the circumstances of your case. Contact us today for a no-obligation consultation by calling (702) 222-9999, or ask us a question by filling out an online contact form.