Huntington Beach Riots: California Criminal Charges for Rioting
As they say, "Don't do the crime if you can't do the time." However, what if you end up being arrested just for being in the wrong place at the wrong time?
During this most recent Huntington Beach riot, shop keepers and bystanders were forced to defend themselves and their storefronts when rioters on Hunting Beach threatened to destroy their property.
A RIOT is a large crowd of people lashing out in a sudden and intense rash of violence against….. anyone really. Most of the time, it is only those within easy grasp of a policeman who get arrested and not the ones who actually incite the riot.
California penal code section 404.6(a) states "[e]very person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence,…is guilty of incitement to riot."
Certainly, this type of behavior should be punished. Those who join in willfully are also punished. California penal code section 405 states that "[e]very person who participates in any riot is punishable by a fine…or by imprisonment…"
However, as stated above what if you are swept up in the crowd or forced to defend yourself and/or your property. Depending upon the circumstances you may end up being arrested. If you end up in a fight for your safety or your livelihood; you could be arrested for violating California Penal Code Section 412, which states that [a]ny person who…engages in, or instigates …a pugilistic contest, a fight, or ring or prize fight…[may] be imprisoned in the county jail not less than thirty days nor exceeding one year…"
If you are found to be in violation of this statute you may also be charged with assault, which is a violation of California Penal Code section 240, which states that an "assault is an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Then depending upon the circumstances, you could be charged with a violation of Penal Code section 245(a)(1) which is afelony assault with intent.
Since this is a riot we are talking about, there would definitely be a charge of disturbing the peace which is a violation of California Penal Code Section 404(a) or Section 415.
Obviously, there is a probability of alcohol being involved in such a gathering so it is more than likely that more than a few of the people present at the event will be arrested for a violation of California Penal Code 11550, under the influence of a controlled substance.
Some of these charges may not seem as bad when compared to the others listed above; however, all of these charges are considered CRIMINAL charges and carry jail sentences and/or fines. So, while you may have been in the wrong place at the wrong time or just had a bit too much to drink, you still have been arrested and charged with a crime.
Do not take this lightly. Find someone on whom you can rely to guide you and handle your case with confidence from beginning to end. Check out www.tarmanlaw.com