In general, resisting arrest is interfering with police in their attempt to make a lawful arrest. It can vary from using physical force to avoid being handcuffed to actually fighting police. Nevada defines its resisting arrest law as resisting, delaying, or obstructing police in attempting to or actually discharging their legal duty.

What Does Nevada’s Resisting Arrest Law Really Mean?

Nevada’s law means that a person can be arrest and convicted of resisting arrest if they do one or more of the following:

  • Resist arrest: A person uses physical force to avoid being placed in handcuffs or taken into custody by police.
  • Delay an arrest: A person uses tactics to delay their arrest such as not placing their hands being their back or trying to talk the police out of making the arrest.
  • Obstruct an arrest: A person uses force or tactics to prevent another individual from being taken into lawful custody.

Is Resisting Arrest a Felony or Misdemeanor in Nevada?

Resisting arrest is typically a misdemeanor and punishable by:

  • Six months in jail
  • $1,000 fine
  • Fine and jail time

Can a Resisting Arrest Be a Felony in Nevada?

Yes. A person can be charged with felony resisting arrest if they grab the police officer’s or any other weapon during the arrest. A person can also be charged with felony resisting arrest for a battery on a police officer. The battery must cause substantial harm to the officer.

What Is the Penalty for the Felony Version of Resisting Arrest in Nevada?

It is a category C felony or category D felony depending on the circumstances. This means a person convicted of resisting arrest faces the following for using a firearm or grabbing the officer’s firearm in their effort to resist:

  • One to five years in prison
  • $5,000 fine
  • Fine and prison time

If the person used any type of weapon other than a firearm, then the crime is a category D felony punishable by:

  • One to four years in prison
  • $5,000 fine
  • Fine and prison time

Can a Lawyer Help Me?

Being arrested is a very frightening experience, and the last thing you need is to be accused of resisting arrest. Contact a Nevada lawyer immediately to understand how to proceed with your case if you are facing a resisting arrest charge.