How to Protest Legally?
The United States has been dealing with civil unrest from various events as far back as the 18th century. Recently, the country has been reeling from ongoing protests and riots resulting in more than 10,000 arrests. If you plan on attending one of these events, the state of California has specific laws about how to protest legally and how to interact with law enforcement. Knowing your rights beforehand and understanding the law can keep you from an arrest that can lead to jail and expensive fines.
The implications of an arrest in California and a potential conviction can have far-reaching deleterious effects on a defendant’s life. If you were arrested, don’t consider it a small matter. It is critically important that you understand what the penalties you face are and how to move forward in the most effective and favorable way possible.
The Los Angeles criminal defense attorneys at the Manshoory Law Group exclusively practice criminal defense law and can prepare and present a customized defense for you based on the details of your case.
What Happens If You are Arrested for Battery on a California Peace Officer?
Under Penal Code 243b and PC 243c, you will be arrested for battery on a California police officer if you actively and aggressively touch a protected official in a harmful way or in another abusive manner. This intentional act is unlawful and will get you into legal trouble if you have been found doing it.
These laws though are only applied to specific officials while they are acting in their professional capacity. In other terms a police officer, for instance, when off-duty cannot assert privileges associated with battery laws if an incident arises with another civilian.
Protected officials in California are:
- Police officers
- Custodial officers
- Firefighters
- Emergency medical technicians
To clarify what acts would be considered battery on a police officer in California, these are some examples:
- Being uncooperative during an arrest and slapping, scratching, or trying to stomp on the official’s feet.
- Propelling rocks, frozen water bottles, and other dangerous debris at an officer during a California protest.
Typically, battery on a peace officer in California will be a misdemeanor. The resulting punishments include being sent to county jail for as long as a year and also the potential of having to pay a fine as high as $2,000. Because battery on a police officer can be a wobbler crime based on what happened during the incident, the penance may increase substantially.
If the crime is deemed to be a wobbler this essentially gives a prosecutor the ability to decide if they are going to elevate the charges to a felony. If this happens, a defendant will face increased time in county jail for as long as three years as well as the possibility of a $10,000 fine if convicted.
Why are People Arrested for Protest if it’s Their Legal Right?
The Los Angeles criminal defense lawyers at the Manshoory Law Group understand how important it is to fiercely defend individuals who are arrested for alleged crimes. You are innocent until proven guilty and for the best legal defense possible, call the Manshoory Law Group to schedule your free case evaluation at (877) 977-7750.