To resist an arrest refers to interfering with a police officer’s attempt to make a lawful arrest. The act of resisting an arrest may range from not following instructions to using physical force to avoid being arrested.
Is Resisting Arrest and Obstructing a Public Officer Similar Charges in Nevada?
No, and not only because resisting arrest only involves police officers, while obstructing a public officer involves all officers including police officers, members, and employees of the state of Nevada. Obstructing a public officer in Nevada is the unlawful act of one or all of the following:
- Hindering or delaying a public officer during their work duties
- Refusing to make a statement to a public officer
- Making a misleading statement to a public officer
What Does It Mean to Willfully Hinder, Obstruct, or Delay a Public Officer?
To willfully hinder, delay, or obstruct a public officer means a person intentionally and purposely tries to stop the officer from completing their lawful duty. For instance, a person trying to hinder a public investigation to help their loved one may be accused of willful obstruction.
What If I Simply Refused to Make a Statement to a Public Officer?
To refuse to make a statement, such as refusing to provide their name to the officer, is considered breaking the law. The refusal to provide information that the officer needs and is legally entitled to know prohibits the public officer from being able to continue with the carrying out of their duties.
Why Am I Being Accused of Obstruction When I Only Made a Misleading Statement?
A person can be accused of obstruction for giving false or misleading information. This is because the false information can hinder the public officer from doing their duties.
What Is the Punishment for Obstructing a Public Officer in Nevada?
As a misdemeanor offense, a conviction for obstruction of a public officer will lead to a punishment consisting of:
- Six months in county jail
- $1,000 fine
- Fine and jail time
Do I Need the Help of an Attorney?
A lawyer’s assistance can mean the difference between facing a full six months in jail and not spending any time in jail. Contact a Nevada attorney immediately to learn your options of fighting this criminal charge.