Getting arrested is an emotionally overwhelming experience, which is why it is not uncommon for people to attempt to flee or resist arrest. Unfortunately, resisting arrest in Nevada is punishable by serious criminal penalties—on top of the charges you might be facing for the alleged underlying offense that led to the initial arrest.
The following are common examples of resisting arrest:
- Attempting to flee a police officer when being arrested
- Not staying still when an officer attempts to handcuff you
- Attempting to possess the officer’s firearm
- Yelling profanities at officers if they’re trying to ask you questions or give you an order
If you or a loved one resisted arrest without using any weapons, the offense is considered a misdemeanor that carries a maximum jail sentence of six months and/or a fine of not more than $1,000. If you use a firearm or try to gain possession of the arresting officer’s gun while resisting arrest, you could be charged with a category C felony, punishable by a prison term of up to five years and/or a maximum fine of $5,000.
However, if you use or attempt to use physical force against an arresting officer, you could be charged with battery on a police officer, which is either a gross misdemeanor if the battery doesn’t result in serious injury or a category B felony if there is a serious injury. This means you could be charged with resisting arrest and battery on a police officer.
Keep in mind, being accused of resisting arrest doesn’t automatically result in a conviction. The prosecution must prove beyond a reasonable doubt that you committed the offense.
The following are common defenses to resisting arrest:
- You didn’t try to intentionally obstruct the arresting officer by acting out of instinct or reflex
- The arresting officer misconstrued your actions
- You were acting in self-defense if unreasonable force was used against you
- The arrest was unlawful
At The Draskovich Law Group, our experienced criminal defense team is committed to helping you avoid serious criminal penalties by either getting your charges dismissed or reduced so you don’t have to serve any jail time. With more than 25 years of combined experience, our legal team knows what it takes to obtain the best possible outcome in your case.
Contact us today at (702) 381-6590 for a free consultation to learn about your legal options.