What Behavior is Illegal at a Protest Demonstration?

If you are facing criminal charges after participating in a protest or public demonstration in Los Angeles, immediately retain the services of a Los Angeles criminal defense attorney to defend you against those charges.

Facing criminal charges after a protest or demonstration can be a daunting experience. It is essential to understand that peaceful protest is a protected constitutional right; however, criminal activity during a public demonstration can lead to arrest and prosecution.

Understanding your rights and responsibilities at a public demonstration is essential to protecting yourself and minimizing your risk of arrest.

What Charges Can Protesters Face?

Sometimes in California, a protester will be charged with a felony, but most criminal charges linked to protests and public demonstrations are misdemeanors. However, the court may penalize a misdemeanor conviction with a harsh fine and up to a year in a county jail.

Protesters in the Los Angeles area may face charges that include:

  1. Assault and/or battery: Physically harming or threatening to harm someone during a protest may be charged as a felony or misdemeanor, depending on the victim and the nature of the harm or threat.
  2. Failure to disperse: The refusal to leave a riot or unlawful assembly after law enforcement orders protesters to disperse is a misdemeanor.
  3. Inciting a riot: Encouraging violence or unlawful behavior is usually a misdemeanor charge.
  4. Looting: Stealing during a demonstration may be considered looting and may be charged as a misdemeanor or felony, depending on the value and type of property stolen.
  5. Resisting arrest is usually a misdemeanor but may be charged as a felony if violence or a threat of violence is involved or if a suspect tries to take a weapon from a police officer.
  6. Vandalism: Vandalizing private or public property during a protest can be charged as a misdemeanor or felony, depending on the type and amount of damage.
  7. Violation of emergency orders or curfews: Violating an emergency ordinance or a curfew may result in a misdemeanor charge, even if no violence is involved.

What Should You Do if the Police Arrest You at a Protest?

If law enforcement officers arrest you at a protest or public demonstration, take these steps:

  1. Stay calm and courteous. If they question you, politely tell the police that you are exercising your right to remain silent until your lawyer is present, and say no more.
  2. Do not consent to a search of your person or vehicle. Verbally express your denial of consent, but do not resist a police officer.
  3. Document your arrest. Try to get the badge numbers of the arresting officers and the contact details of any witnesses to the arrest.
  4. Ask for a lawyer and contact a Los Angeles criminal defense lawyer immediately.

How Will a Lawyer Assist You?

If you face a criminal charge arising from a protest or public demonstration in the Los Angeles area, it is essential to retain defense representation as soon as possible. A Los Angeles criminal defense attorney will:

  1. investigate what happened and examine the details of the state’s case against you
  2. protect your rights
  3. develop an aggressive and effective defense strategy
  4. negotiate to drop or reduce the charge
  5. bring your case to its best possible resolution

 

How Will Your Lawyer Defend You?

If the police arrest you at (or after) a public demonstration, your Los Angeles criminal defense lawyer will develop a defense based on the specifics of the case, the charge or charges against you, and the evidence offered by the state. For example, your lawyer may contend:

  1. Your rights to free speech, petition, and assembly are protected by the U.S. Constitution. If you remained lawful and peaceful, your attorney can explain that you acted within your constitutional rights.
  2. You had no criminal intent to break the law, and you’ve been wrongly charged, or you unintentionally made an impulsive, out-of-character mistake. In most criminal cases, to convict you, the state must prove you had criminal intent.
  3. You acted in self-defense or the defense of others. Especially in cases where law enforcement officers used excessive force, your defense attorney may claim that your behavior was legal and justified.
  4. The police lacked probable cause to arrest you, or they violated your rights during an interrogation, search, or arrest.
  5. The state’s evidence is weak, flawed, or insufficient to prove the charge against you.

Should You Accept a Plea Bargain?

In some cases, if the state’s evidence against you is strong and a conviction is inevitable, your defense attorney may negotiate a plea deal. In most plea deals, a defendant pleads guilty to a lesser charge in return for alternative or reduced sentencing.

If you are offered a plea bargain, ask your defense lawyer to help determine whether you should accept or reject it. However, if you are not guilty, you should almost always reject any plea deal and insist on your right to a jury trial.

At a trial, your defense attorney will represent you by casting doubt on the prosecution’s case, telling the truth about what happened, and explaining to the jurors why they should return a not guilty verdict.

The Miranda Rights Law Firm Will Fight for Your Rights

If you are charged with a crime connected to a protest or public demonstration in the Los Angeles area, you’ll need a defense attorney with considerable experience and a strong commitment to civil rights – Douglas Miranda at the Miranda Rights Law Firm.

He shares more than a name with the Miranda rights the police read when suspects are arrested. Attorney Douglas Miranda believes that police officers must play by the rules and that the justice system must honor and respect the rights of every defendant.

Since 2001, Douglas Miranda has defended thousands of clients in Southern California. If you are facing a charge arising from a public demonstration, call the Miranda Rights Law Firm now at 213-255-5838 to schedule a free, in-depth evaluation of your case. Se Habla español.