Resisting Arrest

Other Crimes: Resisting Arrest

Resisting Arrest is a very well known, and very common, criminal charge. It is charged whenever you resist or otherwise obstruct a public officer who is trying to carry out official duties.


Please Note: There are actually two other crimes that are connected to Resisting Arrest: Assaulting a Police Officer; and Battering a Police Officer.

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Frequently Asked Questions

  • What does it really mean to “Resist Arrest”?

    The first part of the statute provides a guide for what “resisting” is: “willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty…”


    These guidelines may seem clear, but there is actually a tricky vagueness to their application. The vagueness relies on how prosecutors can interpret them. For example, assume that while a police officer is attempting to arrest you and take you to their police cruiser, you are trying to talk the officer out of arresting you and intentionally walking as slowly as possible. Even though you are still walking towards the cruiser, and you are not fully “resisting,” the fact that you are intentionally delaying them in their attempt to get you into the cruiser can still cause you to be charged with “resisting arrest.” Essentially, anything you may do that is not total compliance with what the officials ask of you could be deemed as resistance, and so long as you did it intentionally, you may be charged with “resisting arrest.”


    There is a broad spectrum of conduct that can be considered “resisting arrest” Running, or fleeing, from a police officer, fighting with a police officer, even ignoring the officer’s instructions during handcuffing. This broad range of conduct gives prosecutors a lot of flexibility in deciding when to charge someone with resisting arrest.


    Some forms of Resisting Arrest include:


    • Attempting to run from the police;
    • Fleeing the scene of a crime;
    • Using physical force against a public official;
    • Threatening a public official with a weapon in order to avoid arrest;
    • Attempting to take a weapon from a public official;
    • Verbally abusing the public official during your arrest;
    • Verbally declaring that you refuse to be arrested.

    Please Note: There is a lot of leeway in how prosecutors can interpret the word “willful”. Your intention may not have been to resist, delay, or obstruct a public official. If your actions were intentional, and they obstructed or delayed the public official, then you may still be charged.

  • Why does the statute say “Public Official” instead of “Police Officer”?

    The term “public official” is used because it provides prosecutors with more flexibility in when to charge someone with Resisting Arrest. By using the phrase “public official,” prosecutors can apply the statute to many other figures such as:


    • Firefighters;
    • Volunteer firefighters;
    • Any jailor, guard, or correctional officer;
    • Any judge, justice, or court commissioner;
    • Any employee of the state whose official duties include home visits, such as a probation officer, social worker, etc.

  • Why is there so much talk about weapons in the statute?

    Resisting arrest has three levels which are differentiated by whether you used a weapon, and what that weapon was, in resisting.


    1. If you use a firearm, then you will be charged with a category C felony
    2. If you use a weapon that is not a firearm, then you will be charged with a category D felony;
    3. If you do not use a weapon of any kind, then you will be charged with a misdemeanor.

  • What is “Assaulting a Police Officer”?

    Assault is essentially attempting to commit a battery against someone. If you were to attempt to hit, stab, or shoot a public official while resisting arrest, then you will be facing additional charges and penalties.

  • What does it mean to “Batter a Police Officer”?

    Battery is an unlawful and offensive “touching” of another person or anything closely related to that person. In this context, it usually means that you used physical force on a police officer in some way, whether through punching, kicking, hitting, or other form of violence. If you are charged with battering an officer as well as resisting arrest, then you will be facing additional charges and penalties.

  • What does “substantial bodily harm” mean?

    This is another vague term that allows the prosecutor to decide when to charge the gross misdemeanor or the category B felony on a case-by-case basis. Essentially, if the injury is likely to create life-long consequences, or threatens life or limb, then it will be considered “substantial bodily harm.”

Penalties

What you need to know

Okay, so what are the penalties?


This is where the differences regarding use of a weapon come into play, as well as Assaulting or Battering a Police Officer.

If you have been charged with the use of a firearm in resisting arrest, then you will be facing a category C felony which carries with it:


  • Between 1 and 5 years in a Nevada State Prison; and
  • The possibility of fines up to $10,000.00.

If you have been charged with the use of a weapon that is not a firearm, then you will charged with a category D felony which carriers with it:


  • Between 1 and 4 years in a Nevada State Prison; and
  • The possibility of fines up to $5,000.00.

If you have been charged with resisting arrest without the use of a weapon, then you will be facing a misdemeanor which carriers with it:


  • Up to 6 months in jail; and/or
  • Up to $1,000.00 in fines.

Assaulting a Police Officer


As with resisting arrest, the penalties for assault depend largely on whether you used a weapon, and what that weapon was. It will also depend on the criminal history of the person committing the assault.

If the assault is committed by someone not on parole or probation, and there is no weapon used, then the assault will be charged as a gross misdemeanor and carries with it:


  • Up to 1 year in jail; and/or
  • Fines up to $2,000.00

If the assault was committed by someone who is on parole or probation, and there is no weapon used, then the assault will be charged as a category B felony and carries with it:


  • Between 1 and 4 years in a Nevada State Prison; and/or
  • The possibility of fines up to $5,000.00.

If the assault is committed by someone who is not on parole or probation and there is a weapon used, then the assault will be charged as a category B felony and carries with it:


  • Between 1 and 6 years in a Nevada State Prison; and/or
  • Fines up to $5,000.00.

Description Title

If the assault was committed by someone who is on parole or probation with a weapon involved, then the assault will be charged as a category B felony and carries with it:


  • Between 1 and 6 years in a Nevada State Prison; and
  • The possibility of fines up to $5,000.00.

Battering a Police Officer


If you are charged with battering an officer as well as resisting arrest, then, in addition to the resisting arrest penalties, you will also be facing:

Where the battery does not result in substantial bodily harm, the charge is a gross misdemeanor and carries with it:


  • Up to 364 days in jail; and/or
  • Fines up to $2,000.00

Where the Battery does result in substantial bodily harm, the charge is a category B felony and carries with it:


  • Between 2 and 10 years in a Nevada State Prison; and/or
  • Fines up to $10,000.00

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


As with any crime, in order to be found guilty of Resisting Arrest, the prosecutor must prove every element of the crime, beyond a reasonable doubt. Otherwise, the charges against you should be dropped or dismissed.


Some of the most common defenses against a charge of Resisting Arrest are:

Lack of Intent

As noted earlier, your actions must have been intentional in order to be found guilty of resisting arrest. If your conduct or actions were involuntary or unintentional, then the charges against you should not stand. Another common form of lack of intent arises when the public official fails to identify himself or herself, and as such you were unaware that you were obstructing a public official. Without knowing that you are dealing with a public official, it is impossible to intentionally obstruct or delay them.

Lack of Resistance

Once again, this is one of the elements of the crime, so if the prosecutor cannot prove it beyond a reasonable doubt, then the charges against you should be dropped or dismissed. If your conduct was mischaracterized as “resistance,” when you were not, in fact, resisting, then the prosecutor may not be able to prove this element and the charges against you should be dropped or dismissed. Some common examples of this include:

  • Movement during handcuffing due to discomfort;
  • Movement (and sometimes even incidental contact with the official) due to an involuntary muscle spasm;
  • Other physical impairments or ailments that may cause you or your body to move differently than required of you by the official.

Self-defense

In some limited circumstances, you may be able to claim self-defense. This will require you to first prove that the officer was using unreasonable force against you, and that you were only trying to protect yourself.


Please Note: As with all claims of self-defense, the force you use in defending yourself must be reasonable in relation to the force being used against you.

Illegal Arrest

In order for a charge of resisting arrest to stand, the underlying arrest must have been legal. If the officer was not legally arresting you, then there was not, technically, an arrest for you to resist. Also, if the officer did not follow proper protocol during your arrest, then the arrest may not be valid, in which case, the charges against you should be dropped or dismissed.

Please Note: Refusing to talk to a public official is not grounds for a resisting arrest charge. You have the Constitutional Right to Remain Silent when dealing with public officials and invoking that Right does not activate NRS 199.280.

What should I do if I’ve been charged with Resisting Arrest?


As with any crime, if you’ve been charged with resisting arrest, you should speak with an experienced criminal defense attorney as soon as possible to discuss the specific facts of the case and what defenses may apply.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Resisting Arrest Laws

  • NRS 199.280 - Resisting public officer

    A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office shall be punished:

          1.  Where a firearm is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a firearm from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category C felony as provided in NRS 193.130.

          2.  Where a dangerous weapon, other than a firearm, is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a weapon, other than a firearm, from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.

          3.  Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.

  • NRS 200.471 - Assault: Definitions; penalties

     1.  As used in this section:

          (a) “Assault” means:

                (1) Unlawfully attempting to use physical force against another person; or

                (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

                      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

                      (c) “Officer” means:

                (1) A person who possesses some or all of the powers of a peace officer;

                (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

                (3) A member of a volunteer fire department;

                (4) A jailer, guard or other correctional officer of a city or county jail;

                (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

                (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

                (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

                (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to law enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

                (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to fire fighting or fire prevention; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

                (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to code enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

          (d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.

          (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

          (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

          (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

          (h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

          (i) “Taxicab driver” means a person who operates a taxicab.

          (j) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2.  A person convicted of an assault shall be punished:

          (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

          (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

          (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

          (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

  • NRS 200.481 - Battery: Definitions; penalties

    1.  As used in this section:

          (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

          (b) “Child” means a person less than 18 years of age.

          (c) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

          (d) “Officer” means:

                (1) A person who possesses some or all of the powers of a peace officer;

                (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

                (3) A member of a volunteer fire department;

                (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

                (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

                (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;

                (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

                (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to law enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

                (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to fire fighting or fire prevention; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

                (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to code enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

          (e) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

          (f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

          (g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

          (h) “Sports official” has the meaning ascribed to it in NRS 41.630.

          (i) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.

          (j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

          (k) “Taxicab driver” means a person who operates a taxicab.

          (l) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

          (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.

          (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.

          (c) If:

                (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;

                (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and

                (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,

          for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

          (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

          (e) If the battery is committed with the use of a deadly weapon, and:

                (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

                (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

          (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

          (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

                (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

                (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

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