Information on the crimes of rioting and inciting a riot are found at California penal code sections 404(a) and 404.6(a), respectively. Punishment related to Participation in a riot is found at PC 405.

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Riot Crimes (Abbrev.)

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Rioting PC 404(a): It is illegal to use, or threaten to use, force or violence, to disturb the public peace..., by two or more persons acting together, and without authority of law (PC 404(a) Abbrev.).

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Inciting a Riot PC 404.6(a): Every person who acts with intent to cause a riot..., engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence, or the burning or destroying of property, is guilty of incitement to riot (PC 404.6(a) Abbrev.).

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To prove that the defendant is guilty of inciting a riot under PC 404.6(a) the district attorney will need to prove beyond a reasonable doubt, the following:

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• The defendant engaged in conduct that encouraged others to commit acts of force or violence, such as to destroy or burn property, and

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• When the defendant encouraged others to use force or violence the circumstances produced a clear and present danger that a riot would occur or that acts of force or violence would happen, or that property would be burned or destroyed, and

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• When the defendant acted, he or she intended to cause a riot.

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Note: Per PC 404.6(a), the district attorney does not need to prove that any riot actually took place. It is the act of trying to start a riot that is the criminal conduct (PC 404.6(a)).

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Punishment

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Jail: The crime of inciting a riot is classified as a misdemeanor in California. If found guilty of PC 404(a), or PC 404.6(a), the defendant could face up to one year in the county jail.

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Note: Some less common rioting law are classified as felonies, such as inciting a riot in a confined place that leads to injury (PC 404.6(c)) and taking a person from lawful custody during a riot (PC 405(a)). Felony rioting charges carry possible jail sentences up to three years (among other punishments).

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Probation Sentence: A probation sentence is a period of supervision as opposed to to an actual jail sentence. probation sentences are allowed in riot cases, but they are not guaranteed. Whether or not the defendant is granted a probation sentence after a conviction for a riot crime depends on many factors, including he defendant's criminal history.

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In addition to a possible one year jail sentence for misdemeanor riot charges, the defendant could also face the following collateral punishment: penalty fines, restitution to victims, criminal protective restraining orders, anger management classes, loss of professional license (i.e. doctor, dentist, lawyers, nurse, etc.), immigration consequences for non-U.S. citizens, civil lawsuits, and more.

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Defenses

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Common defenses to rioting or inciting a riot charges include: intoxication, insanity, mistake of fact, statute of limitations, alibi defense, insufficient evidence, coerced confessions, and more.

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If you or a loved one is charged with rioting or inciting a riot under penal code 404(a) or 404.6(a), contact our criminal defense attorneys today for a free consultation. Our attorneys will patiently explain the law and the criminal procedure associated with PC 404(a) and 404.6(a), along with your defense options. In some rioting or inciting a riot charges, our attorneys can represent you without the need for you to attend court. Call today!

 

909-913-3138

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