Recent protests against U.S. Immigration and Customs Enforcement (ICE) activity in Los Angeles have drawn significant attention. While most participants in these protests have done so peacefully, some protests have seen small pockets of violence.
These moments of turbulence have led to arrests, and in some cases, the imposition of curfews to try to limit violent incidents.
If you choose to exercise your Constitutional right to protest peacefully, you must be aware of your surroundings and follow the directives issued by local law enforcement.
Most arrests occur because someone has crossed the boundaries of peaceful protest into criminal activity. However, in the chaos of large groups, it's possible to find oneself arrested and charged simply by being in proximity to a protest that has devolved into anger and possible violence.
Common charges for protesters arrested in Los Angeles can range from misdemeanors like failure to disperse and resisting arrest to more serious felonies like assault on a peace officer, vandalism, and looting.
Understanding the specific laws and charges that may apply to your actions during a protest is crucial. If you are arrested for protesting in Los Angeles, it's important to be aware of the charges you may face and the potential legal consequences.
Violating a Curfew Order (L.A. County Code 2.68.320)
When civil unrest occurs, local authorities often impose curfew orders to limit public activity during specific hours. Violating a curfew order occurs when an individual remains in a public space during restricted hours without a lawful reason.
Under the emergency powers granted to law enforcement, individuals violating curfew can be arrested and charged with a misdemeanor offense. This carries penalties that may include up to six months in jail and fines of up to $ 1,000, a serious consequence that should be considered before participating in a protest.
Failure to Leave After a Warning (California Penal Code 409 PC)
Under PC 409, individuals who remain at the scene of an assembly that has been declared unlawful or designated as a riot may be charged with failure to leave if they ignore orders from law enforcement to leave the scene.
This offense asserts that participants, despite warnings from authorities, chose to stay in potentially hazardous or disruptive conditions. PC 409 is a misdemeanor, carrying penalties of up to six months in jail and fines of up to $ 1,000.
PC 409 says, "Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor."
Failure to Disperse (California Penal Code 416)
PC 416 applies when two or more individuals assemble to disturb public peace or engage in criminal activity and fail to disperse after being lawfully ordered to do so. This statute addresses group actions rather than individual conduct.
PC 416 is a misdemeanor punishable by up to six months in jail and fines of up to $ 1,000. However, police must establish that the assembly posed a clear and imminent threat to public order, which can become a point of contention in a legal defense.
PC 416 says, "(a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor."
Assault on a Peace Officer (California Penal Code 241 PC)
Assaulting anyone is a crime in California, but the penalties are significantly higher when the assault is committed against a police officer, any other peace officer, or a first responder carrying out their duties.
In California, advocating violence against a police officer can lead to serious legal consequences, particularly if it results in injury to an officer. A related law, inciting a riot (Penal Code 404.6 PC), prohibits urging others to commit violence, participating in a riot, or committing arson.
If you are accused of assaulting a police officer or peace officer under Penal Code 241 PC, you could face up to a year in jail and significant fines if convicted.
PC 241(c) says: "When an assault is committed against a peace officer, firefighter, emergency medical technician, paramedic, process server, traffic officer, code enforcement officer, animal control officer…. engaged in the performance their duties….and the person committing the offense knows they were police officer, etc., the assault is punishable by a fine up to $2,000 or up to one year in county jail, or by both the fine and imprisonment."
There are several defenses to charges of assaulting a federal officer.
Assault with a Deadly Weapon Against a Police Officer (Penal Code 245(c))
The state of California takes crimes against police officers very seriously, given their critical role in maintaining public safety. Assaulting a person with a deadly weapon (Penal Code 245 PC) may be charged in general as a misdemeanor or a felony, depending on the circumstances.
Assaulting a peace officer or firefighter in the discharge of their duties under PC 245(c) and 245(d) PC is a felony offense. The prison terms for this crime are automatically longer than those for committing the same crime against a civilian, underscoring the severity of the offense.
If you're convicted of this crime, depending on the type of weapon used, you could face up to 12 years in state prison.
Resisting Arrest (California Penal Code 148 PC)
One of the more common charges associated with protests is resisting arrest under PC 148. Resisting arrest refers to obstructing, delaying, or otherwise interfering with a police officer in the performance of their duties.
This could involve physical resistance, but even minor actions, such as refusing to comply with verbal commands, may qualify. PC 148 violations are charged as misdemeanors, with potential penalties of up to one year in jail and fines.
Because resisting arrest is often accompanied by other charges, it can significantly increase the overall severity of an individual's legal situation.
PC 148 says, "(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of their office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment."
Vandalism (California Penal Code 594 PC)
Protesters accused of damaging property during demonstrations may face charges of vandalism under PC 594. Vandalism is broadly defined and includes activities such as graffiti, breaking windows, or defacing public or private property.
The severity of vandalism charges depends on the monetary value of the damage. If the damage is less than $400, it is often considered a misdemeanor; damage exceeding $400 can result in felony charges.
PC 594 says, "Every person who maliciously commits any of the following acts with respect to any real or personal property not their own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys."
Looting (California Penal Code 463 PC)
If you're accused of committing burglary or theft in areas under emergency conditions, such as those declared during civil unrest, you could be charged with looting under PC 463. Looting is treated as a more serious offense than standard theft because it exploits chaotic situations.
Charges under PC 463 can be filed as misdemeanors or felonies, depending on the circumstances. Penalties may include imprisonment for up to three years, substantial fines, and restitution orders. Prosecutors often view looting as a flagrant disregard for public safety and property rights, making it one of the more heavily prosecuted offenses.
Arson (California Penal Code 451 PC)
Arguably, the most severe charge associated with protests, PC 451, makes it a felony to willfully and maliciously set fire to any property. While rare, instances of arson may arise in protests where fires are deliberately started to damage property or obstruct law enforcement (as occurred in the recent protests when individuals set fire to a number of vehicles).
Penalties for arson vary depending on the extent of the damage and whether injuries occurred. Convictions can result in lengthy prison sentences, especially when structures are destroyed or people are harmed.
Penal Code 451 PC is the law that prohibits arson, which is willfully and maliciously setting fire to any structure, forest land, or property. You can also be convicted for aiding, counseling, or procuring the burning of property. Arson is a felony punishable by up to 9 years in jail or state prison.
Why You Need a Defense Lawyer
Individuals charged with a crime have the right to legal representation and a fair trial. Law enforcement often reviews video and social media footage to identify and prosecute individuals involved in illegal activity.
Sometimes, federal authorities may bring federal charges against protesters for actions that violate federal laws. For additional information, contact our California criminal defense lawyers, Eisner Gorin LLP, located in Los Angeles, CA.
If you have one phone call from jail, call us! If you are facing criminal charges,