Resisting arrest

Resisting arrest rarely exists on its own. It gets added to DUI arrests, domestic battery arrests, drug arrests, and almost any situation where the officer decides the defendant wasn't cooperative enough. The defense has to account for that context.

When the primary charge resolves favorably, resisting often goes with it. When the primary charge is contested, so is the resisting. The two are connected, and a defense strategy has to account for both rather than treating resisting as an afterthought.

In cases where resisting is the only or primary charge, the path to dismissal is often more direct, particularly in first-offense situations where the conduct was minor and no injury occurred.

Many people misunderstand this part of Nevada law. In theory, a person cannot be convicted of resisting an arrest that was itself unlawful, because the statute requires that the officer be acting within a "legal duty." If the arrest had no legal basis, that duty doesn't exist.

In practice, this is a high bar and not an invitation to physically fight off police. Courts are skeptical of this defense unless the unlawfulness of the arrest is clear. And even when the defense succeeds legally, it doesn't undo the physical and legal consequences of the confrontation.

The more practical version of this defense is using an unlawful stop or arrest to challenge the primary charge and the resisting charge together, suppressing the arrest itself and everything that flows from it.

Resisting arrest charges are almost always based on an officer's description of what happened. Body camera footage, when it exists and is preserved, can either confirm or directly contradict that description.

Footage that shows a defendant flinching in pain rather than intentionally pulling away, or shows an officer applying force before any resistance occurred, changes the narrative. Gaps in footage, cameras that were off, or footage that doesn't show the key moment are also worth developing.

Request body camera footage early, before it can be deleted or overwritten.

Yes, and more often than with most charges. Resisting arrest as a standalone misdemeanor, especially for a first-time defendant, is frequently resolvable through dismissal in exchange for completing a class, community service, or a period of no new violations.

Prosecutors are generally more willing to resolve resisting charges well when the underlying arrest situation was minor, when no officer was injured, and when the defense has raised legitimate questions about what actually happened. Pushing for dismissal from the beginning, rather than accepting the first offer, changes the outcome in a lot of these cases.

A misdemeanor resisting conviction can generally be sealed 1 year after release from custody or discharge from parole or probation. The felony versions, involving a dangerous weapon or a firearm, have a waiting period of at least 5 years (NRS 179.245). If you were convicted and believe legal errors occurred at trial, an appeal may be an option.