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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.
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:
A public officer was performing their lawful duties
The defendant willfully resisted, delayed, or obstructed the officer
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