Resisting And Fleeing
Neb. Rev. Stat. § 28-904 and Neb. Rev. Stat. § 28-905 — force against an arrest, obstructing an officer, and driving to avoid arrest
Resisting arrest is trying to prevent a peace officer from making an arrest by using or threatening force or violence, by means creating a substantial risk of injury, or by resistance that takes substantial force to overcome.
A Class I misdemeanor, then a felony. Resisting arrest is a Class I misdemeanor for a first offense and a Class IIIA felony after that, or with a deadly or dangerous weapon. It is a defense that the officer was out of uniform and did not show credentials.
Obstructing a peace officer, by violence, force, physical interference or an obstacle, is a Class I misdemeanor.
Driving to avoid arrest. Fleeing in a vehicle to avoid arrest or a citation is a Class I misdemeanor, and the court may revoke the license for up to one year. It is a Class IV felony after a prior conviction, or where the flight causes death or injury.
A particular charge is a question for a licensed Nebraska attorney.
Sources for this section (3)
- Neb. Rev. Stat. § 28-904 — Resisting arrest; penalty; affirmative defense
- Neb. Rev. Stat. § 28-905 — Operating a motor vehicle or a vessel to avoid arrest; penalty; revocation or impoundment of operator's license
- Neb. Rev. Stat. § 28-906 — Obstructing a peace officer; penalty
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.