NRS 199.280 – Resisting Arrest – Las Vegas, Nevada Law

NRS 199.280 is the Nevada law that prohibits resisting arrest and obstructing police from carrying out their duties.

Resisting police is a felony if firearms or other dangerous weapons are used. Otherwise the offense is treated as a misdemeanor, punishable by

• up to 6 months in jail and/or
• fines of up to $1,000.

The statute reads as follows

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.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada laws for resisting arrest:

• 1. Elements of NRS 199.280
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 199.280

“Resisting a public officer” in Nevada refers to attempting to prevent police from carrying out their lawful duties, including making arrests. Examples of NRS 199.280 violations include:

• Trying to flee when police place the person under arrest,
• Not staying still when an arresting officer tries to handcuff the suspect, or
• Trying to take the police’s weapons.¹

Note that an act of resistance can quickly cross the line into the more serious crime of battery on a police officer (NRS 200.481) if unlawful physical force is used. Examples include punching, kicking, pushing, throwing things at, or even spitting on the police.

2. Penalties

The penalties for violating NRS 199.280 in Nevada depend on whether you used a dangerous weapon or attempted to take or take the officer’s weapon.

Type of Weapon Involved	Nevada Punishment for Resisting Arrest
None	Misdemeanor:  Up to 6 months of jail time and/or $1,000.
Dangerous weapon other than a firearm	Category D felony:  1 to 4 years in Nevada State Prison and up to $5,000.
Firearm	Category C felony:  1 to 5 years in prison and up to $10,000.2

Committing battery on police while they are carrying out their official duties has stiffer penalties than resisting police, especially if it involves a weapon:

Battery on an Officer	Nevada Penalties
No deadly weapon is used	Gross misdemeanor:  Up to 364 days in jail and/or $2,000.
No deadly weapon is used, but there is substantial bodily harm to – or strangulation of – the officer	Category B felony:  2 to 10 years in prison and up to $10,000.
A deadly weapon is used, but there is no substantial bodily harm to – or strangulation of – the officer	Category B felony:  2 to 10 years in prison and up to $10,000.
A deadly weapon is used, and there is either substantial bodily harm to – or strangulation of – the officer	Category B felony:  2 to 15 years in prison, and up to $10,000.3

3. Defenses

Four common defenses used to fight criminal charges of resisting peace officers – including resisting arrest – include:

1. You did not act willfully. A key element of NRS 199.280 charges is that you acted intentionally. Perhaps you were acting out of an automatic, physical reflex or were suffering from an ailment that caused you to convulse. Or perhaps someone else pushed you, causing you to bump into the police in a way they misconstrued as resistance. Unless the D.A. can show beyond a reasonable doubt that your resistance was willful, then no Nevada crime occurred.
2. Nothing you did qualified as resistance, delay, or obstruction. Perhaps in the heat of the moment, the officer misread your lawful actions as combative: Simply being rude or sarcastic to law enforcement while they are doing their job may not be prudent, but it is not a crime.
3. You acted in lawful self-defense. You may fight back in self-defense if police are using excessive and unlawful physical force on you. However, your physical force must be reasonable and proportional in order for self-defense to be lawful.
4. The arrest was unlawful. If a police officer unlawfully arrests you, then you should not be convicted for resisting it. A police department lacks a lawful basis to conduct an arrest when they do not have probable cause to believe that you committed a crime or if they did not have an arrest warrant.

Depending on the facts of the case, typical evidence defense attorneys rely on to fight resisting arrest charges may include surveillance video, eyewitness testimony, and medical records.

4. Immigration Consequences

Resisting arrest or otherwise obstructing public officers with a deadly weapon is arguably a crime involving moral turpitude (CIMTs). Plus if the deadly weapon was a gun, it would also be considered an aggravated felony.

Both CIMTs and aggravated felonies are deportable offenses under immigration and criminal law.⁴

Non-citizens charged with violating NRS 199.280 should consult with an experienced attorney. If the lawyer can plea bargain your charge down to a misdemeanor or dismissal, then you may be able to remain in the U.S.

5. Record Seals

Resisting arrest convictions can be sealed eventually, but the waiting period depends on the category of crime you were convicted of:

NRS 199.280 Conviction	Waiting Time to Get a Record Seal
Category C felony	5 years after the case closes.
Category D felony	5 years after the case closes.
Misdemeanor	1 year after the case closes.
No conviction (dismissal of charge)	No wait.4

Learn how to petition for a Nevada criminal record seal.

Frequently Asked Questions

What actions count as resisting arrest in Nevada?

Resisting arrest includes trying to flee when police arrest you, not staying still when officers try to handcuff you, or attempting to take a police officer’s weapon. However, simply being rude or sarcastic to police is not considered resisting arrest.

How much jail time can I get for resisting arrest?

If no weapon is involved, you face up to six months in jail and/or $1,000 in fines. With a dangerous weapon (not a firearm), it is one to four years in prison and up to $5,000. If a firearm is involved, you face one to five years in prison and up to $10,000 in fines.

Can I fight back if police use excessive force during an arrest?

Yes, you may use reasonable and proportional force to defend yourself if police use excessive and unlawful physical force. However, your response must match the level of force being used against you to be considered lawful self-defense.

How long do I have to wait to seal a resisting arrest conviction from my record?

For misdemeanor convictions, you must wait one year after your case closes. For felony convictions, you must wait five years after your case closes. If your charges were dismissed, there is no waiting period.

Additional Reading

For more in-depth information about resisting arrest, refer to the following scholarly articles:

• The Occurrence of Resisting Arrest in Arrest Encounters: A Study of Police-Citizen Violence – Criminal Justice Review.
• Resisting Arrest: Predictors of Suspect Non-Compliance and Use of Force Against Police Officers – Police Practice and Research.
  
• The Right to Resist an Unlawful Arrest – Yale Law Journal.
• Resisting Arrest and Racism – The Crime of Disrespect – UMKC Law Review.
• The Use of Force in Effecting or Resisting Arrest – Nebraska Law Review.

Also see our articles on evading police (NRS 484B.550), felony eluding police causing death or injury, obstructing a public officer (NRS 197.190), and escaping from prison (NRS 202.090).

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Legal References