Inciting or participating in a riot are just two potential charges.
Expressing your political opinion is a fundamental American right. In recent months, the number of protests and rallies has increased across the country, including right here in Southern California. While you do have a right to gather and to express yourself, that right is not unlimited. In some cases, you may need a permit in order to hold a demonstration, protest or rally. And if your gathering turns violent, then you may be charged with a crime.
Under California law, there are several different crimes that are associated with protests or rallies that turn violent — which are commonly known as riots. The crime of “incitement to riot” can be charged if a person acts with the intent to cause a riot and urges other people to engage in a riot, commit acts of force or violence, or burn or destroy property. Under this law, it does not matter if you did not actually engage in violence or if you succeeded in causing people to engage in violence. To charge this crime, all the prosecutor needs to prove is that you were trying to instigate others to commit violence where there is a clear, present and immediate danger of these types of actions occurring. Incitement to riot is a misdemeanor crime that carries a sentence of up to one year in county jail and a fine of up to $1,000.
For example, if you are involved in a massive demonstration outside of a political event, and the police start pushing your group back, you could be charged with incitement to riot if you yell at people around you to throw items at the police. Even if nobody actually throws anything at the police, the fact that you are encouraging them to do so — in a situation where there is a danger that it could occur — is enough for the charge to stand.
Of course, a skilled Orange County criminal defense lawyer could argue that it is difficult to actually prove in a large crowd that it was one particular person who shouted something. After all, if there were hundreds or thousands of people present at a noisy, chaotic protest, how can the police prove that it was you who said something?
If you did not incite a riot, but participated in one by joining with one or more people to commit acts of violence, threaten violence or cause a disturbance, you could be charged with participating in a riot. To be charged with this crime, the prosecutor must prove that you actually participated in the riot. This crime is a misdemeanor, punishable by up to one year in jail.
California law also makes it a crime for two or more people to “unlawfully assemble,” which means to gather to commit illegal acts or to gather in assemblies which are violent or which pose a clear and present danger or imminent violence. This crime is also a misdemeanor offense. A person who is present at the scene of a riot or unlawful assembly could also be charged with “refusal to disperse” if he or she refuses to leave to scene when ordered to do so by law enforcement. Refusal to disperse is also a misdemeanor. Both unlawful assembly and refusal to disperse are strictly limited by the U.S. Constitution.
While participating in a protest or rally is an important part of your rights as an American, that right is not without limits, particularly if the gathering becomes violent. If you have been charged with a crime related to a protest, you will need an experienced Orange County criminal defense lawyer to assist you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
