NRS 199.280Misdemeanor

RESISTING ARREST

Potential Penalty

Up to 6 months jail; up to $1,000 fine (misdemeanor); up to 5 years prison (with violence)

WHAT IS RESISTING ARREST IN NEVADA?

Resisting arrest in Nevada is willfully resisting, delaying, or obstructing a public officer in the discharge of their official duties. This includes physically resisting an arrest, fleeing, or interfering with an officer's lawful actions.

Nevada Revised Statutes § 199.280View Official Statute

WHAT THE PROSECUTION MUST PROVE

To convict you of Resisting Arrest in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:

1

A public officer was performing their lawful duties

2

The defendant willfully resisted, delayed, or obstructed the officer

3

The defendant knew the person was a public officer

If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.

PENALTIES FOR RESISTING ARREST IN NEVADA

Resisting Arrest (No Violence)

Misdemeanor. Up to 6 months in jail and/or up to $1,000 fine.

Resisting Arrest with Violence

Category B felony. 1 to 5 years in prison.

THOMAS'S DEFENSE TIPS

Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending resisting arrest charges

Resisting arrest charges are often added on top of other charges to give prosecutors leverage. In many cases, the 'resistance' was simply pulling away or not immediately complying — not active violence.

If the underlying arrest was unlawful, you may have a defense. However, Nevada courts have held that even an unlawful arrest does not justify physical resistance — the proper remedy is a legal challenge, not fighting back.

Body camera footage is critical in these cases. Officers' accounts of resistance are sometimes contradicted by video evidence.

The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.

COMMON DEFENSES TO RESISTING ARREST

Every case is unique, but these are the defenses most commonly raised in resisting arrest cases in Nevada:

The arrest was unlawful — no probable cause

No willful resistance — the defendant was confused or in pain

Excessive force by the officer provoked the reaction

Insufficient evidence of intentional resistance

FREQUENTLY ASKED QUESTIONS

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Legal Disclaimer: The information on this page is for general educational purposes only and does not constitute legal advice. Nevada law changes frequently — always verify current statutes. For advice about your specific situation, consult a licensed Nevada criminal defense attorney. Thomas Boley is licensed to practice law in Nevada.