Potential Charges for Demonstrators

With the increasing number of political demonstrations and protests being organized across the country, there has been a corresponding rise in arrests. Anyone considering participating in a protest march is advised to do so with a distinct understanding of the potential dangers to your liberty.

Yes, Peaceful Protest is Legal 

Throughout history in the United States and elsewhere, peaceful protest has been an important approach devised to speak truth to power. Political demonstrations have been a way to highlight injustices in society and to call for change. Historically, protesting has played an essential role in helping to provide contour to social norms and legal issues, addressing matters of disparity and discrimination that have afflicted humanity over the ages. Regrettably, even though peaceful protest is a right guaranteed by the Constitution, there are times that the government’s response is far from the desired result.

Common Arrests 

Those who attend protests and marches do risk the prospect of arrest law enforcement perceives them as participating in any of the following activities:

• Disorderly conduct: Crowds that block traffic, join in offensive chants, or otherwise disturb the peace could provoke arrests.
• Unlawful assembly: Any gathering that is deemed a threat to public safety, due to unruliness or violence can be labeled an unlawful assembly, including if protesters refuse to disperse when directed by police.
• Trespassing: The unauthorized entry into government buildings or commercial offices is an offense that could result in an arrest.
• Rioting: Although only a handful of protesters may engage in vandalizing or violent activity, anyone present can be charged with rioting.
• Obstructing justice: Blocking law enforcement access to the scene or engaging in evidence tampering is illegal.
• Vandalism: Damaging vehicles, starting fires, tagging, breaking glass, and other efforts to deface or destroy property is illegal.
• Assault/battery: Actions including minor scuffles up to violent clashes between protesters, counter-protesters, or law enforcement can lead to arrests.
• Incitement/conspiracy: Encouraging others to engage in criminal activities is against the law.
• Resisting arrest: Endeavoring to run from officers, putting up a fight, or even going limp, could lead to charges.

State or Federal Charges 

The primary factor in determining whether charges are state, local or federal is based on where the alleged civil disobedience takes place.  When a protest occurs in federal buildings or on federal property it will probably result in federal charges. That means that even if an arrestee is housed in a local jail, it will be up to the U.S. Attorney to decide how the case unfolds, and the consequences will likely be more severe. The local City or District Attorney will be dealing with the case and filing state or local charges when city streets, sidewalks, and parks are involved.

Defending You and Your Rights 

Whether you are facing state or federal charges, the dedicated La Plata & Waldorf criminal defense attorneys at The Law Office of Hammad S. Matin, P.A. will fight to protect your rights and your liberty. To discuss your situation, schedule a confidential consultation office today.

Source:

mnesty.org/en/what-we-do/freedom-of-expression/protest/