Penal Code 408 PC | Unlawful Assembly

Penal Code 408 PC | Unlawful Assembly

So you got arrested for “unlawful assembly” in California? What does that even mean? Well, don’t worry, I’ll break it down for you in this article. Penal Code 408 PC is the California statute that makes it a crime to participate in an “unlawful assembly.” Let’s take a closer look at what exactly that entails.

What is an Unlawful Assembly?

Under California Penal Code 408, an unlawful assembly takes place whenever two or more people assemble together to do an unlawful act, or do a lawful act in a violent, boisterous or tumultuous manner.

So in other words, if you and your friends get together and decide to commit any crime – whether it’s graffiti, shoplifting, assault, etc. – you’ve met the definition of an unlawful assembly.

But even if you have no plans to break the law, just gathering in a rowdy way that disturbs the peace also counts. Police can declare an otherwise lawful protest or demonstration an unlawful assembly if things start getting out of hand.

What are the Penalties?

Unlawful assembly is a misdemeanor in California. If convicted, you face:

• Up to 6 months in county jail,
• A max $1,000 fine (higher for corporations), and/or
• Informal probation.

However, if the unlawful assembly leads to violence or serious property damage, you could face felony charges for rioting instead.

Real World Examples

Let’s look at some real world examples of unlawful assembly cases in California:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• Protestors blocking freeway – Protestors in Sacramento were charged with unlawful assembly after blocking I-5 during a BLM demonstration. Even though they had a 1st Amendment right to protest, doing so on the freeway was deemed an unlawful act.
• Sideshows – When street racers and spectators take over intersections for dangerous stunts and sideshows, they often get cited for unlawful assembly along with other charges.
• Bar fights – If a fight breaks out at a bar and multiple people participate, they could be on the hook for unlawful assembly along with assault charges.
• Flash robs – Groups of people who coordinate “flash robs” to steal merchandise from stores en masse get charged with unlawful assembly and looting.

As you can see, unlawful assembly charges often accompany other offenses committed by a group. The assembly charge allows prosecutors to hold EVERYONE involved responsible, even if they weren’t directly committing the other crimes themselves.

Legal Defenses

If you’re facing charges under Penal Code 408 PC, working with an experienced California criminal defense lawyer is crucial. Here are some legal defenses they may use to fight the charges:

• You didn’t promote or aid the unlawful assembly – If you were just going along with the crowd but didn’t actually coordinate or facilitate the gathering, you may be able to avoid responsibility.
• The gathering wasn’t unlawful – Police sometimes overreach by declaring lawful protests or events an unlawful assembly. A good lawyer can argue the assembly didn’t meet the legal definition.
• Your intent – If you had no idea the gathering would become violent or tumultuous, that could help show your innocence.
• False accusations – The police may have mistaken you for someone else who was actually part of the assembly.
• Entrapment – Undercover cops sometimes instigate or escalate protests in order to declare an unlawful assembly. A lawyer can argue you were entrapped.

An experienced attorney can also negotiate with the prosecutor, arguing to get charges reduced or dismissed. Many first-time offenders can get unlawful assembly charges knocked down to infractions or dismissed altogether.

Staying Out of Trouble

How can you avoid unlawful assembly charges in the first place? Here are some tips:

• Don’t coordinate or promote criminal gatherings
• Leave any protest or event that seems to be getting violent or chaotic
• Follow police dispersal orders
• Don’t go along with the crowd if they start breaking laws
• Avoid blocked roads, vandalism or anything illegal

Exercising your constitutional rights is perfectly legal – but once a gathering becomes dangerous or disruptive, it crosses the line into unlawful territory. So stay on the right side of the law if you want to avoid Penal Code 408 charges.

Well I hope this breakdown gave you a better understanding of unlawful assembly charges in California. Let me know if you have any other legal questions!

References

• California Penal Code 408
• Unlawful Assembly Laws in California – Penal Code 408 PC
• California Penal Code 404
• 7 face charges after protest over Breonna Taylor ends with vandalism on I-5