The summer of 2020 was defined by protesters in the streets across America. Many times, people would use the words ‘protest’ and ‘riot’ interchangeably. You may have wondered, when does a protest become a riot?
In California, the right to protest is constitutionally guaranteed at both the state and the federal level. But, participating in a riot is considered a crime. The difference between protest and riot can be the difference between your freedom and jail time.
Participating in a Riot Only Requires Two People
In California, to be convicted of the crime of participating in a riot, you must act together with at least one other person. It seems odd to define a riot as only two people. But, to win a conviction, a prosecutor must only prove that you acted:
- Willfully;
- Together with at least one other person;
- To do any of the following:
- Disturb the peace;
- Use violence or forceful actions; or,
- Threaten violence or forceful actions, so long as the threat could be carried out immediately.
To act “willfully,” the prosecutor must prove that your actions were on purpose or without reservation. A conviction for participating in a riot is a misdemeanor in California. Potential penalties include up to a year in county jail and a $1,000 fine. Typically, a judge will grant misdemeanor probation instead of jail time for a rioting conviction.
Unlawful Assembly Is Separate From Participating in Riot
California has a crime of unlawful assembly that is different from the crime of participating in a riot. To unlawfully assemble, you and at least one other person must get together to either take an illegal action or act violently.
Unlike participating in a riot, an unlawful assembly conviction does not require you to either do or threaten to do anything. You can be convicted purely for intending to commit an illegal act with someone else. Therefore, unlawful assembly convictions can stem from events that never escalated into a riot. The maximum penalty for this offense is six months in county jail.
A Protest Becomes a Riot Through Violent Actions or Threats
California legislators have shown they believe a protest becomes a riot through violence by only criminalizing actions or threats in defining participation in a riot. Merely being present at a riot – no matter how violent the events – cannot lead to a conviction for participation in that riot. You must have taken some additional action to be found guilty. This action can be either committing a violent act yourself or threatening to offer support for those acting violently.
If you are attending a protest and hear specific violent threats or see someone beginning to throw items, you need to be aware that the protest may turn into a riot. While you cannot be arrested only for being at the riot scene, if you voice support for anyone acting violently, the police may consider you a rioter as well. The right to protest is sacred in America, but knowing your rights also requires you to be conscious of the line between protest and crime.
If you or someone you loved was arrested at a protest in Los Angeles, California, the Chambers Law Firm will fight for your constitutional rights. Contact us today at 714-760-4088 or dchambers@clfca.com to request a no-obligation consultation with a member of our skilled legal team.
