Failure to disperse is a misdemeanor offense.
Across the United States and throughout California, hundreds of thousands of Americans are protesting police brutality and racial injustice. While these protests have largely been peaceful, law enforcement officers have arrested many participants. One possible charge that may arise from participating in a protest is the misdemeanor offense of failure to disperse.
As a criminal attorney in Los Angeles, CA, there are two possible charges related to failure to disperse. Both failure to disperse at a public disturbance and failure to disperse at a riot are misdemeanor charges under California law. Both are punishable by imprisonment in county jail for up to 6 months, a fine of up to $1000 and possible restitution for damages caused in the disturbance or riot.
To charge an individual with failure to disperse at a public disturbance, a prosecutor must prove two elements:
- A person assembled or gathered for the purpose of disturbing the public and
- He or she failed to leave when ordered to do so by the police.
For failure to disperse at a riot, a prosecutor must show that a person remained at a bit after being ordered by the police to leave. In California, rioting occurs when a person uses or threatens to use unlawful force or violence in a public place.
Under these laws, a person is only guilty of this crime if the authorities give a general proclamation to the group to disperse. If the police just tell a person individually that they have to leave, then they cannot be charged with this crime.
These criminal charges bring up important constitutional issues. Specifically, under the First Amendment, Americans have the right to assemble. This law only applies to assemblies that have been deemed “unlawful.” For purposes of this law, an assembly is unlawful if the crowd is acting violently or in a way that incites others towards violence.
A skilled criminal attorney in Los Angeles, CA can defend an individual against a charge of failure to disperse in a number of ways. First, if the assembly itself was not unlawful, then this charge cannot stand. For example, if people were simply assembled in a public place, engaging in protest, but without any acts of violence or incitement towards violence, then the assembly was not unlawful.
While many prosecutors are dropping charges related to failure to disperse in the wake of protests against police brutality and racial injustice, some protesters may still be prosecuted. In this situation, it is important to work with a seasoned lawyer who can utilize their knowledge of the law, advocacy skills, and relationships with local prosecutors to get the charge reduced or dismissed. If necessary, your criminal attorney in Los Angeles, CA can take the case to trial to convince a jury that you are not guilty of the charge.
At the Chambers Law Firm, we represent Californians who have been charged with a range of criminal offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
