Dealing with law enforcement officials can be a nerve-wracking experience, which is why it is not uncommon for someone to resist arrest or attempt to evade a police officer. Unfortunately, doing so can result in separate criminal penalties on top of the original criminal charges.
In Nevada, resisting a public officer means attempting to stop the police from executing their legal duties, which includes making an arrest. Common examples of resisting a public officer include trying to escape after being placed under arrest, refusing to remain still when an officer attempts to handcuff you, or attempting to take control of an officer’s weapons.
Resisting arrest in Nevada is a misdemeanor, which carries a jail term of up to six (6) months and/or a maximum fine of $1,000. However, if a deadly weapon other than a firearm is involved, then the offense is a Category D felony, punishable by imprisonment for up to four (4) years and/or a fine not exceeding $5,000. If a firearm is involved in resisting arrest, then the offense is a Category C felony, punishable by a prison sentence of up to five (5) years and/or a maximum fine of $10,000.
Additionally, if resisting arrest involves “unlawful physical force,” such as punching, kicking, shoving, throwing objects at, or even spitting on an officer, then the offense is considered as “battery on a police officer.” If no deadly weapon is involved, then battery on an officer is a gross misdemeanor, which carries a maximum jail term of 364 days and/or a fine no more than $2,000.
If no deadly weapon is involved, but the officer suffers substantial injury or is strangled, then the battery on the police is a Category B felony, punishable by imprisonment for up to ten (10) years and/or a maximum fine of $10,000. If a deadly weapon is involved, but the officer does not suffer substantial injury or get strangled, then the offense is a Category B felony.
Lastly, if a deadly weapon was used and the officer suffers substantial injury or gets strangled, then the offense is a Category B felony. However, the maximum prison sentence is 15 years, rather than 10 years.
Whether you did not willfully mean to resist arrest, you acted in lawful self-defense, or the arrest was illegal, there are several defenses available against resisting arrest in Nevada. When facing serious charges, you must hire an experienced criminal defense attorney to either avoid conviction or get your charges/penalties reduced.
If you have been arrested in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free case evaluation. Let a former prosecutor protect your rights and freedom!