Protesters who were arrested in Los Angeles during recent immigration raids are facing a range of misdemeanor or felony criminal charges.
The charges protesters are facing are not to be taken lightly. They stem from their conduct during the U.S. Immigration and Customs Enforcement (ICE) protests, which include assaulting officers, vandalism, looting, and failure to disperse.
Some individuals have been charged with more severe offenses, such as attempted murder using a Molotov cocktail and arson. Federal charges are also being filed in some instances.
If convicted, these charges can result in significant penalties, including imprisonment, fines, and a criminal record that may impact future employment and housing opportunities. It's crucial to fully grasp the gravity of these charges and the potential life-altering consequences they carry.
Several protesters have been charged with felony assault on police officers during the protests. Other charges include vandalism of both public and private property, such as defacing buildings and damaging the Hall of Justice.
Some protesters have been charged with looting, particularly in cases involving the theft of merchandise from businesses. Grand theft is related to the theft of items exceeding $950 in value during incidents of looting.
Failure to disperse is also a common charge, particularly when protesters refuse to comply with police orders to leave an area. In a few cases, some protesters have been charged with arson for setting fires during the protests.
One person was charged with California Penal Code 664/187 PC attempted murder for allegedly throwing a Molotov cocktail at police. Another person was charged with discharging a laser at an LAPD helicopter. Resisting arrest is often added to other charges when individuals resist being taken into custody.
Key Takeaways
- The Los Angeles County District Attorney's Office deals with the prosecution of state-level charges.
- The United States Attorney's Office is prosecuting individuals facing federal charges.
- After the arrest, some protesters were cited and released by law enforcement, while others were held for further prosecution.
- The legal process can be complex, and it's important to seek legal advice as soon as possible to understand your rights and options.
- The primary law enforcement agencies involved in arrests during the protests include the Los Angeles Police Department (LAPD), Los Angeles County Sheriff's Department, and California Highway Patrol (CHP).
- Police detectives are actively using video evidence and social media to identify individuals engaged in criminal activity during the protests.
- Most arrests occur because someone has crossed the boundaries of peaceful protest into criminal activity
Common Criminal Charges for LA Protesters
The criminal charges for protesters arrested in Los Angeles include misdemeanors like failure to disperse and resisting arrest, to serious felony charges like assault on a peace officer, vandalism, and looting. The most common California criminal charges include the following:
- Assault on a Peace Officer (PC 241(c)). The penalties are significantly higher when an assault is committed against a police officer, any other peace officer, or a first responder carrying out their duties. Advocating violence against a police officer can lead to serious legal consequences, particularly if it results in injury to an officer.
- Assault with a Deadly Weapon Against a Police Officer (PC 245). Assaulting a peace officer or firefighter in the discharge of their duties is a felony crime. 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 (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 and refusing to comply with verbal commands. PC 148 violations are charged as misdemeanors, with potential penalties of up to one year in jail and fines.
- Violating a Curfew Order (L.A. County Code 2.68.320). 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 (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.
- Failure to Disperse (PC 416). This law 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.
- Vandalism (PC 594). Protesters accused of damaging property during demonstrations may face charges of vandalism under PC 594. Vandalism includes activities such as graffiti, breaking windows, or defacing public or private property. If the damage is less than $400, it is often considered a misdemeanor; damage exceeding $400 can result in felony charges.
- Looting (PC 463). If you're accused of committing burglary or theft in areas under emergency conditions, you could be charged with looting under PC 463. Looting is a more serious offense than standard theft because it exploits chaotic situations, often involving the theft of valuable items and property. Penalties may include imprisonment for up to three years, substantial fines, and restitution orders.
- Arson (PC 451). This law makes it a felony to willfully and maliciously set fire to any property or structure. Instances of arson may arise during protests, where fires are deliberately set to damage property or obstruct law enforcement. Penalties for arson vary depending on the extent of the damage and whether injuries occurred. Convictions can result in lengthy prison sentences.
Contact a Defense Lawyer for Help
There is a need for caution and adherence to the law, as any actions that cross the line into criminal activity are likely to be recorded and used as evidence against them.
Remember, anyone charged with a crime has the right to legal representation. A defense lawyer can help you understand your rights, navigate the legal process, and build a strong defense. They can advise you on the best course of action, negotiate with the prosecution on your behalf, and represent you in court.
Law enforcement often reviews video and social media footage to identify and prosecute individuals involved in illegal activity. In some cases, federal authorities may bring charges against protesters for actions that violate federal laws. You have the right to defend yourself, and a defense lawyer can empower you to do that effectively.
If you or someone you know has been charged with a crime during the protest against ICE operations, it's important to seek legal help immediately. Our California criminal defense lawyers, Cron, Israels & Stark, located in Los Angeles, CA, are experienced in handling cases related to protest charges. For additional information or to schedule a consultation, contact us online or by calling our office.
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