Interfering with a Public Officer – NRS 197.090

Overview

Interfering with a public officer, as defined under Nevada Revised Statute (NRS) 197.090, involves any action that deliberately obstructs, hinders, or delays a public officer in the lawful performance of their duties. This statute is designed to ensure that public officers, including law enforcement, firefighters, and other government officials, can carry out their responsibilities without unlawful interference. A conviction for interfering with a public officer can result in significant legal consequences, including fines and imprisonment. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced criminal defense lawyer who can help those accused of this offense navigate the legal process and protect their rights.

Definition of Interfering with a Public Officer

Under NRS 197.090, “interfering with a public officer” is defined as willfully resisting, delaying, or obstructing a public officer in the lawful discharge of their duties. Key components of this statute include:

1. Willful Conduct: The interference must be deliberate and intentional. This means that the accused must have knowingly engaged in actions meant to impede the officer’s duties.
2. Obstruction or Resistance: The accused must have engaged in behavior that directly obstructs, resists, or delays the public officer. This can include physical interference, providing false information, or refusing to comply with lawful orders.
3. Lawful Performance of Duties: The officer must have been acting within the scope of their lawful authority at the time of the alleged interference.

Legal Requirements for Prosecution

To secure a conviction for interfering with a public officer under NRS 197.090, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intentional Act of Interference: The accused must have willfully engaged in conduct intended to obstruct, delay, or resist a public officer.
2. Knowledge of Officer’s Status: The accused must have known, or reasonably should have known, that the person they were interfering with was a public officer performing their official duties.
3. Obstruction of Lawful Duty: The public officer must have been engaged in the lawful performance of their duties when the interference occurred.

Related Offenses

Interfering with a public officer is closely related to several other offenses under Nevada law. Understanding these related charges is essential, as they may be charged alongside or in lieu of interfering with a public officer, depending on the circumstances:

• Resisting Arrest – NRS 199.280: Involves willfully resisting, delaying, or obstructing a peace officer attempting to make a lawful arrest or detain a person.
• Obstruction of a Police Officer – NRS 197.190: Involves willfully hindering, delaying, or obstructing a police officer in the performance of their duties.
• False Information to a Public Officer – NRS 197.190: Involves knowingly providing false information to a public officer with the intent to mislead them in the performance of their duties.

Examples of Interfering with a Public Officer Offenses

To illustrate how NRS 197.090 is applied, consider the following examples:

• Example 1: During a traffic stop, a passenger in the vehicle repeatedly interrupts and refuses to comply with an officer’s instructions, causing a delay in the investigation. This behavior could lead to charges of interfering with a public officer under NRS 197.090.
• Example 2: A person at a fire scene disregards firefighters’ orders to stay back and obstructs their access to the fire hydrant. This act can be considered interfering with a public officer and may result in criminal charges.

Penalties for Interfering with a Public Officer

The penalties for committing an offense under NRS 197.090 can vary based on the severity of the interference and the context in which it occurred:

• Misdemeanor Offense: Most cases of interfering with a public officer are classified as misdemeanors, carrying the following penalties:
  • Imprisonment: Up to 6 months in county jail.
  • Fines: Up to $1,000.
  • Community Service or Probation: In some cases, the court may impose community service or probation instead of or in addition to jail time.
• Elevated Penalties: If the interference leads to serious injury or significantly hinders public safety efforts, the penalties may be more severe, potentially including higher fines and longer periods of incarceration.

Defenses Against Interfering with a Public Officer Charges

If you are facing charges for interfering with a public officer under NRS 197.090, several defenses may be applicable depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Willful Intent: Demonstrating that the accused did not willfully intend to obstruct the officer can be a strong defense. If the interference was accidental or unintentional, this could mitigate liability.
2. Unlawful Conduct by the Officer: If the public officer was not acting within the scope of their lawful duties or was using excessive force, the accused may argue that their actions were justified.
3. Insufficient Evidence: If the prosecution cannot provide sufficient evidence to prove that the accused’s actions directly interfered with the public officer’s duties, the charges may be dismissed.
4. Exercise of Constitutional Rights: In some cases, actions perceived as interference may actually be the exercise of protected rights, such as freedom of speech. If the accused can show that their actions were lawful expressions of their rights, this may serve as a defense.

The Importance of Legal Representation

Navigating the complexities of interfering with a public officer charges requires knowledgeable legal representation. Attorney Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling cases involving interactions with law enforcement and public officials equips him to provide a robust defense against charges under NRS 197.090.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal landscape make him a formidable advocate in cases involving interfering with a public officer.

Understanding Your Rights

If you are accused of interfering with a public officer, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about defending against interfering with a public officer charges under NRS 197.090 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.