Blogs from June, 2021

Dealing with law enforcement officials can be a nerve-wracking experience, which is why it is not uncommon for someone to resist arrest or attempt to evade a police officer. Unfortunately, doing so can result in separate criminal penalties on top of the original criminal charges.

In Nevada, resisting a public officer means attempting to stop the police from executing their legal duties, which includes making an arrest. Common examples of resisting a public officer include trying to escape after being placed under arrest, refusing to remain still when an officer attempts to handcuff you, or attempting to take control of an officer’s weapons.

Resisting arrest in Nevada is a misdemeanor, which carries a jail term of up to six (6) months and/or a maximum fine of $1,000. However, if a deadly weapon other than a firearm is involved, then the offense is a Category D felony, punishable by imprisonment for up to four (4) years and/or a fine not exceeding $5,000. If a firearm is involved in resisting arrest, then the offense is a Category C felony, punishable by a prison sentence of up to five (5) years and/or a maximum fine of $10,000.

Additionally, if resisting arrest involves “unlawful physical force,” such as punching, kicking, shoving, throwing objects at, or even spitting on an officer, then the offense is considered as “battery on a police officer.” If no deadly weapon is involved, then battery on an officer is a gross misdemeanor, which carries a maximum jail term of 364 days and/or a fine no more than $2,000.

If no deadly weapon is involved, but the officer suffers substantial injury or is strangled, then the battery on the police is a Category B felony, punishable by imprisonment for up to ten (10) years and/or a maximum fine of $10,000. If a deadly weapon is involved, but the officer does not suffer substantial injury or get strangled, then the offense is a Category B felony.

Lastly, if a deadly weapon was used and the officer suffers substantial injury or gets strangled, then the offense is a Category B felony. However, the maximum prison sentence is 15 years, rather than 10 years.

Whether you did not willfully mean to resist arrest, you acted in lawful self-defense, or the arrest was illegal, there are several defenses available against resisting arrest in Nevada. When facing serious charges, you must hire an experienced criminal defense attorney to either avoid conviction or get your charges/penalties reduced.

If you have been arrested in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free case evaluation. Let a former prosecutor protect your rights and freedom!

Nevada Gov. Steve Sisolak recently signed Assembly Bill 158, Assembly Bill 341, and Assembly Bill 400 into law. AB 158 reduces the marijuana possession penalties for minors, AB 341 legalizes cannabis consumption lounges, and AB 400 amends the state’s “per se” driving limits for cannabis,.

Assembly Bill 158

A first offense for minor in simple possession of marijuana—a maximum of one (1) ounce—and falsely representing oneself as a 21-year-old to obtain pot are punishable by community service. Under current law, such marijuana-related offenses involving minors are misdemeanors, which carry a jail sentence of up to six (6) months and/or a fine no more than $1,000.

Furthermore, courts are required to automatically seal criminal records for offenders, so long as they complete the terms and conditions of their sentence. AB 158 becomes effective on October 1, 2021.

Assembly Bill 341

This law creates marijuana lounges where it is legal to consume cannabis in public on-site. Under current law, a person who is 21 years old can consume marijuana on private property, so long as the property owner consents to cannabis use. However, smoking in hotel rooms, vehicles, or a public space is off limits.

Assembly Bill 400

This legislation amends Nevada’s traffic safety laws, so that driving a vehicle with trace amounts of either THC or its metabolite is no longer considered a “per se” traffic violation—or a DUI—in certain situations. Currently, you can be charged with a DUI for small levels of THC is found in the urine or blood, even if you do not appear to be impaired or not.

Marijuana is known to remain in a person’s system for as long as two (2) weeks. So, for example, if a person consumed marijuana a week ago and is not under the influence when he is driving, if THC or metabolites appear on a test, the driver can still be found guilty of DUI in Nevada under current law.

AB 400 revises per se law by eliminating the application of those limits in cases where the violation is a misdemeanor. In contrast, if the marijuana-related DUI is a felony offense, then any trace amounts of marijuana can lead to criminal charges.

AB 400 takes effect on July 1, 2022.

If you or a loved one has been charged with a drug crime in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free case evaluation. Let a former prosecutor protect your rights and freedom!