What Can Lead to Resisting Arrest Charges?

Encounters with law enforcement officers can be stressful, leading some people to resist arrest. Unfortunately, this action may result in separate criminal penalties in addition to your original charges. You might face fines, jail time, or even deportation if you’re a non-citizen. At the De Castroverde Law Group, we’re here to explain everything you need to know about resisting arrest charges in Nevada. We’ll discuss the legal ramifications of a guilty verdict and share common defenses against a resisting arrest charge. Contact us for advice specific to your case and expert legal representation.

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What Can Lead to Resisting Arrest Charges?

NRS 199.280 is the Nevada law that defines resistance to arrest or obstruction of police as illegal. More specifically, you cannot willfully resist, delay, or obstruct a public officer in discharging or attempting to discharge their legal duties. You may face a resisting arrest charge if you flee the scene as a police officer tries to arrest you. Other common causes of this charge include not staying still as a police officer tries to handcuff you or attempting to take a police officer’s weapons.

What Happens if a Nevada Court Finds You Guilty of Resisting Arrest?

The penalties for a guilty verdict depend on various factors, including whether you used a dangerous weapon or tried to take the officer’s weapon. Here are a few possible scenarios to be aware of:

  • If no weapon was involved, Nevada considers the crime a misdemeanor, which can result in up to six months of jail time and/or up to $1,000 in fines.
  • Resisting arrest charges that involve a dangerous weapon other than a firearm are category D felony, which can come with one to four years in state prison and up to $5,000 in fines.
  • If a firearm was involved, Nevada considers it a category C felony and may order one to five years in state prison and up to $10,000 in fines.

What Happens if a Resisting Arrest Charge Involves Battery?

A suspect who tries to resist arrest might injure a police officer in the process. A guilty battery verdict can come with more severe penalties. Here are the penalties to expect based on various scenarios:

  • If a suspect commits battery on a police officer without the use of a deadly weapon, Nevada considers it a gross misdemeanor. You may face up to 364 days in jail and/or up to $2,000 in fines.
  • If the battery doesn’t involve a deadly weapon, but the suspect strangles the officer or causes substantial bodily harm, it’s a category B felony. The penalties may be two to 10 years in prison and up to $10,000 in fines.
  • Using a deadly weapon to commit battery on a police officer can result in the same penalties as the previous scenario.
  • If the battery involves a deadly weapon and the suspect strangles the office or causes substantial bodily harm, they may face two to 15 years in prison and up to $10,000 in fines.

Can a Resisting Arrest Charge Lead to Deportation?

If you’re a non-citizen, you may wonder how a guilty resisting arrest verdict affects your visa or green card status. It’s important to know that Nevada can consider resisting arrest as a crime involving moral turpitude (CIMT). Additionally, the crime could be an aggravated felony if a gun was involved. Under immigration law, CIMTs and aggravated felonies can result in deportation.

Thus, non-citizens with resisting arrest charges need the help of an experienced legal team. Contact the De Castroverde Law Group to speak with one of our seasoned attorneys. We’ll provide you with the expert representation you deserve to improve your chances of maintaining your visa or green card status.

Understanding Your Rights

Remember, you have certain fundamental rights during an arrest. First, you have the right to remain silent. This means you don’t have to answer any questions the police ask you, except for providing your identification. Anything you say can be used against you in court, so it’s always best to stay quiet until you can speak with a lawyer.

You also have the right to an attorney. A lawyer plays a key role in ensuring your rights are not violated during the arrest process. They can determine if the police followed legal procedures and respected your rights. Your lawyer can use this information to strengthen your defense if there are any violations.

Contact a Resisting Arrest Lawyer in Las Vegas, Nevada

Are you facing a resisting arrest charge in Las Vegas? Get the help you need by contacting De Castroverde Law Group Criminal & Immigration. Our experienced team offers a free consultation to discuss your case and explore your legal options. Take action today, and let us help you with your defense.