California’s Penal Code Section 408 PC or Unlawful Assembly is a criminal offense that leads to many arrests. We see riots and protesters on the television, radio, hand held devices, and on our computers. We see how a small group of people speaking against others can turn into a large population of people and often violence and destruction breaks out. That is why unlawful assembly of people or riots often leads to many arrests. Ajua Bail Bonds wants to clarify and define California’s laws against Unlawful Assembly.
Definition and Elements of an Unlawful Assembly
California legislature views the potential danger that larger crowds of emotional people pose to public safety. Under California’s Penal Code Section 408 PC it is considered a criminal offense to participate in unlawful assembly. For the prosecutors, they will need to establish that a defendant is guilty of unlawful assembly, the defendant willfully participated in an unlawful assembly and the defendant knew that the assembly was unlawful when they participated in it. Unlawful assembly occurs when two or more people come together to commit a crime or commit an unlawful act with violence or aggressive manner. Assembly of a group of people only becomes unlawful if violence or destruction of property occurs.
Related Offenses to Unlawful Assembly
Some other offenses that are related to Unlawful Assembly are the following:
• Participating in a Riot which is California Penal Code Section 405 PC
• Inciting a Riot which is California Penal Code Section 404.6 PC
• Failure to Disperse which is California Penal Code Section 409 PC and which is California Penal Code Section 416 PC
• Disturbing the Peace which is California Penal Code Section 415 PC
Defenses to Unlawful Assembly
There are a few defense strategies that may apply to charges of Unlawful Assembly under California Penal Code Section 408 PC.
– One defense is if the assembly of people did not commit any violent acts or no threat of violence was present during the assembly.
– Another defense that applies to unlawful assembly is where it is illegal to participate in unlawful assembly if a defendant wasn’t given sufficient amount of time to disperse and where they where arrested. This may help drop the chargers against them.
Penalties of Unlawful Assembly
The penalty of Unlawful Assembly is a misdemeanor that can result in six months of jail. The court will have the right to set fines, fees, restitution awarded for damage inflicted that often requires community service or labor hours as well other conditions of the probation of those convicted of unlawful assembly. If convicted the crime will be added to the person’s permanent court criminal records that can be viewed by an employer, landlord and others with that right.
Bail for Unlawful Assembly & Other Charges in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California
If arrested for unlawful assembly or if a loved one was arrested, you can seek a bail bond to get them out of jail as they await their court date. This helps in many ways. You can spend time with your family and still attend school or work awhile you await your court date. Additionally it helps keep jails from over crowding. Ajua Bail Bonds can help post bail for you or your loved one so that they may continue on with their lives. Contact Ajua Bail Bonds to get out of jail today.