Should You Resist an Arrest?

Blue sirens of police car during the roadblock in the cityResisting Arrest is a Serious Charge

Resisting arrest (NTS 190.280) is assault or battery on a police officer. In Nevada, it is a charge when a suspect is resisting police officers who are carrying out their duties. If there is no substantial harm done, the charge is a misdemeanor, but if a weapon or physical force was used, the charge becomes a felony and that can mean years in prison and fines. Other charges can also be added.

Here are the different penalties when arrested for resisting arrest in Nevada.

1. If there is no substantial harm, the crime is a gross misdemeanor in Clark County, and the defendant will have up to 364 days in jail and/or up to a $2,000 fine.
2. If there is physical harm inflicted on the officer, the charge is a category B felony for battering an officer, and there is 2-10 years in prison and/or up to a $10,000 fine.
3. If the assault is committed by a parolee or someone on probation with no deadly weapon, the charge is a category B felony with 1- 4years in prison and/or up to a $5,000 fine. Use of a deadly weapon changes the charge.

There are defenses such as lack of intent and self-defense. If you need a criminal defense attorney, please call the team at Potter Law Firm for a free consultation.