Thursday, September 19, 2013

Resisting Arrest – Possible Defenses

In the state of Nevada it is a crime to resist being apprehended by a law enforcement officer or to obstruct their ability to carry out their legal duties. Resisting arrest is a serious offense that can be charged as either a misdemeanor or a felony depending upon the factors involved in the alleged incident, and conviction will result in fines and incarceration. Learn more about the charges and penalties by visiting the Resisting Arrest page on our website.

If you have been charged with resisting arrest, it is important to know that you have the opportunity to fight the allegations. There are different defenses that can often be used to challenge resisting arrest charges. Three of the most common include:

  • You did not resist. In some situations, law enforcement officers get caught up in the moment and misinterpret a defendant’s actions. For example, simply being sarcastic or rude to the officer who is taking you into custody is not the same as resisting arrest. Testimony from eye-witnesses or video footage of the incident could show that you did not commit the crime of resisting arrest.
  • You were arrested unlawfully. If a law enforcement officer tried to arrest you without grounds to do so, you are not guilty of resisting arrest. Officers cannot take an individual into custody without probable cause. If you were illegally arrested, you cannot be convicted of resisting arrest.
  • You acted in self-defense.  Under the law, individuals can defend themselves against law enforcement officers if the officers are using unreasonable physical force against them. If the officers are using excessive force against you, you can act in self-defense; however, you can only respond with a reasonable amount of force. Video footage and witness testimony could help prove that you had reason to defend yourself against the officers.

Your attorney can investigate the charges and evidence brought against you to determine if any of these or another defenses can be used for your case.

If you are charged with resisting arrest, we encourage you to call our team at De Castroverde Law Group before making any legal decisions. One of our Las Vegas criminal lawyers can evaluate the charges and evidence involved in your case to determine your defense options. We can then provide the aggressive courtroom advocacy you need and deserve. What are you waiting for? Contact us today to learn how De Castroverde Law Group can fight for you!