Resisting Arrest Charges in Las Vegas, Nevada
Resisting arrest in Nevada
The NRS (Nevada Revised Statutes) 199.280 states:
"A person who, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office shall be guilty of Resisting Arrest."
In simple terms, if you are attempting to escape from the law enforcement officer, fighting during arrest using physical force, or cursing and attacking the arresting officer - you are resisting arrest.
Is resisting arrest a felony or misdemeanor?
Depending on your particular circumstances, resisting arrest charge can be a Category C felony, Category D felony, or a misdemeanor.
When a resisting arrest is a Category C felony
If a firearm was used to obstruct or delay an arrest, it's considered a Category C felony and in Nevada is punishable by imprisonment in the state prison for 1 - 5 years.
The court may also impose a fine of not more than $5,000 unless a higher penalty is authorized or required by statute. (NRS 193.130)
When resisting arrest is a Category D felony
If a dangerous weapon, other than a firearm, was used to resist an arrest, it's considered a category D felony and in Nevada punishable by imprisonment in the state prison for 1 – 4 years.
Besides, the court may impose a fine of not more than $5,000, unless a higher penalty is authorized or required by statute. (NRS 193.130)
When resisting arrest is a misdemeanor
When no dangerous weapon was used during the arrest, it's considered a misdemeanor charge, and in Nevada is punishable by no more than 6 months in the county or city jail or by a fine of not more than $1,000, or by both, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
Resisting unlawful arrest: Guilty or not?
Whether a person broke the law or not, whether the police had a probable cause for the arrest or not, if the person resisted arrest - in Nevada, this person is guilty.
The circumstances of every resisting arrest charge can be unique, the punishment is harsh, and you need to hire an experienced criminal defense attorney to protect your rights. Call the office of Heshmati & Associates at 702-432-1000 for a free consultation and learn what your options are.
Defenses to resisting arrest charges
Here are some of the arguments that attorneys may use:
• The officer didn’t identify himself (e.g., you didn't know that the person is a policeman)
• False allegations (you didn't resist the arrest; having witnesses who could testify on your behalf would help to build this defense)
• The police used excessive force during the arrest
• You acted in self-defense, and the arrest became from a lawful arrest to an unlawful arrest. (Having witnesses or a videotape helps to build this defense.)
How the criminal defense attorney can help
Every resisting arrest charge has two sides to the story - the arresting officer’s side and the citizen’s side.
The criminal defense attorney will review ALL of the circumstances in the case to understand YOUR side of the story better. Then, the attorney will articulate those facts to the prosecutor and judge to get the best possible outcome for the client.
Every month criminal defense attorneys at Heshmati & Associates handle dozens of misdemeanors and felonies; many include resisting arrest charges.
The information published here is for general purposes only. It's not meant to be a substitution for legal advice. To discuss the specifics of your case, call a criminal defense attorney at Heshmati & Associates at 702-432-1000.
The initial consultation is always free and confidential.
Criminal defense attorneys at Heshmati & Associates serve clients in Las Vegas and the rest of Nevada.
Written by Parviz Heshmati, Esq.
