Protest Offences

Robert Little • June 2, 2020

PROTEST OFFENSES

By Robert Little | June 02, 2020

Many people are curious about what sort of offenses people are being arrested for during the protests following the death of George Floyd.

California Penal Code section 409 provides for a misdemeanor offense for remaining present at the scene of a riot or unlawful and assembly after police have warned people to disperse.

The statute was written in 1872 and has not been amended since.

It's useful to compare this statute to California Penal Code section 416, which prohibits assembling for the purposes of disturbing the public peace and not dispersing upon being commanded to disperse by police.

In order to convict, the District Attorney would have to show that the defendant was present at an unlawful assembly. It is not sufficient that you were at a protest. Moreover, the district attorney would have to show that you were told by police to get out of the crowd. See People v. Sklar (Cal. App. Dep't Super. Ct. Nov. 3, 1930), 292 P. 1068, 1930 Cal. App. LEXIS 20.

Courts have found that there is no probable cause to support the arrest of someone who went to a demonstration intending to take photographs or to serve as a legal advisor. Dubner v. City & County of San Francisco (9th Cir. Cal. Sept. 4, 2001), 266 F.3d 959, 2001 U.S. App. LEXIS 19594. That is to say, that in order to be guilty of this offense and for a non-participant, the protest has to involve a sufficient threat of violence.

Absent any proof of violence, these offenses are misdemeanors. Nonetheless, defendants should not be going into court and pleading guilty and getting misdemeanors on their records. Virtually all conduct for which people have been cited or arrested is legal conduct. An experienced criminal defense lawyer should be able to achieve very good results for you, including acquittal at trial, dismissal, or diversion.

January 30, 2025
Will a DUI from Another State Prevent Me from Getting a California Driver’s License?
A close up of a scale of justice on a table.
December 21, 2024
Learn how an attorney can help you seal your juvenile record in Rancho Cucamonga, CA. Understand the importance of sealing your record, eligibility requirements, and the legal process involved in getting a fresh start.
November 22, 2024
Can I Get a Misdemeanor Removed from My Record in California?
October 30, 2024
What is the Difference Between Assault and Battery in California?
August 1, 2024
Facing domestic violence charges or being a victim of such abuse can be incredibly stressful and overwhelming. This blog post from the Law Office of Robert Little explains how a domestic violence attorney can assist you in California. Learn about the benefits of professional legal representation, the complexities of domestic violence cases, and how our firm can help protect your rights and secure the best possible outcome.
June 30, 2024
Can I go to jail for a DUI in California?
May 29, 2024
Learn how individuals with felony convictions in California can regain their voting rights after completing their sentences and parole. The Law Office of Robert Little in Rancho Cucamonga provides insights and legal assistance for registering to vote post-incarceration.
April 24, 2024
If you or someone you know has been charged with a drug-related crime in California, it can be a daunting and stressful experience. The consequences of a drug crime conviction can be severe, including hefty fines, probation, and even jail time. In such situations, hiring a skilled drug crimes defense attorney is crucial to ensuring the best possible outcome for your case. In this blog post, we will discuss when it is necessary to hire a drug crimes defense attorney in California.  Complex Legal System: The legal system surrounding drug crimes in California is complex and constantly evolving. A knowledgeable drug crimes defense attorney will have a deep understanding of the state's laws and regulations regarding drug offenses. They will be able to navigate through the legal process effectively, ensuring that your rights are protected at every step of the way. Serious Charges: If you are facing serious charges related to drugs, such as possession with intent to sell, trafficking, or manufacturing, it is crucial to hire a drug crimes defense attorney immediately. These charges carry severe penalties that can have long-lasting effects on your future. An experienced attorney will work tirelessly to build a strong defense strategy tailored to your specific case. Prior Convictions: If you have prior convictions for drug-related offenses on your record, hiring a skilled defense attorney becomes even more important. Repeat offenders face harsher penalties under California law, and having an attorney by your side who understands how to mitigate the impact of past convictions can make all the difference in the outcome of your case. Protecting Your Rights: Being charged with a drug crime does not mean that you lose all of your rights. A reputable defense attorney will ensure that your constitutional rights are upheld throughout the legal process. They will challenge any evidence obtained unlawfully and work to negotiate for reduced charges or alternative sentencing options whenever possible. Peace of Mind: Dealing with legal issues related to drug crimes can be overwhelming and emotionally draining. By hiring a dedicated defense attorney who will advocate for you every step of the way, you can have peace of mind knowing that you have someone fighting for your best interests and working towards achieving the most favorable outcome for your case. In conclusion, if you are facing drug-related charges in California, hiring a reputable drug crimes defense attorney is essential to protecting yourself and securing the best possible outcome for your case. Whether you are dealing with serious charges or have prior convictions on your record, an experienced attorney can provide invaluable support and guidance throughout the legal process. Don't hesitate to reach out for help when facing such challenging circumstances – having a skilled advocate on your side can make all the difference in achieving justice and safeguarding your future.
March 28, 2024
Understanding the Legal Landscape: Infractions, Misdemeanors, and Felonies in California
February 29, 2024
Understanding Theft Crimes in California
More Posts
Share by: