California Penal Code Section 408 PC: Unlawful Assembly

California Penal Code Section 408 PC: Unlawful Assembly

California Penal Code Section 408 PC makes it illegal to participate in an unlawful assembly. This law prohibits people from gathering together with the intent to do something illegal, or even to do something legal in an illegal manner. Unlawful assembly is a misdemeanor offense in California that can result in up to 6 months in county jail.

While this law may seem straightforward, there are a lot of nuances and defenses that apply. For example, simply being present at an unlawful assembly doesn’t necessarily mean you’re guilty. You generally have to actually participate in some way. Additionally, if you’re part of a lawful protest that later turns unlawful, you may have a valid defense.

This article will break down California’s unlawful assembly law. We’ll cover:

• What constitutes an unlawful assembly
• Penalties and punishment
• Legal defenses
• Related offenses

Let’s take a closer look at each of these key issues.

What Constitutes an Unlawful Assembly in California?

Under California Penal Code Section 407 PC, an unlawful assembly takes place whenever two or more people assemble together to do any of the following:

1. Do an unlawful act
2. Do a lawful act in an unlawful, violent, or tumultuous manner

Some examples of unlawful assemblies include:

• A group that gathers with the intent to commit assault or vandalism
• A protest that turns violent or threatens public safety
• A party that gets out of control and reckless

Section 408 PC then makes it a crime to participate in an unlawful assembly. This includes organizing, leading, or helping promote the gathering. But even just being present at an unlawful assembly can expose you to criminal liability.

Intent to Commit an Unlawful Act

The first type of unlawful assembly is when people join together with the intent to commit an illegal act. For example, if a group meets up with the plan to vandalize a building or assault someone, this would be an unlawful assembly.

The key is that the illegal act has to be part of their common purpose for gathering. If people incidentally commit a crime without planning it, it may not qualify as an unlawful assembly.

Lawful Act Done in an Unlawful Manner

You can also have an unlawful assembly when people gather for a legal purpose, but do so in an illegal manner. For example, a protest over economic policies could be lawful. But if the protesters start getting violent, blocking traffic, or threatening public safety, the assembly becomes unlawful.

Even without violence, a protest or other gathering can cross the line into unlawful territory if it is done in a tumultuous fashion. Things like creating public disturbances, disrupting businesses, impeding traffic flow, and similar acts could turn a lawful assembly into an illegal one.

Penalties for Unlawful Assembly in California

Under Penal Code Section 408 PC, unlawful assembly is a misdemeanor offense. Potential penalties include:

• Up to 6 months in county jail
• A fine of up to $1,000
• Informal probation

If the unlawful assembly leads to violence or property damage, you could face additional criminal charges for those acts as well. Offenses like vandalism, assault, battery, and rioting can lead to felony charges.

Legal Defenses to Unlawful Assembly Charges

Despite the broad definition of unlawful assembly, these charges are still subject to various legal defenses. Some of the most common ways to fight California Penal Code 408 allegations include:

You Were Not an Active Participant

As mentioned above, simply being present at an unlawful assembly doesn’t necessarily make you guilty. To convict you under this law, the prosecution has to prove you were an active participant.

Evidence of active participation may include organizing or promoting the gathering, carrying signs or chanting, or helping incite illegal acts. But just being a passive onlooker is not enough to support criminal charges.

You Had No Knowledge it Was Unlawful

If you were unaware that a gathering had become unlawful, this is a valid defense. For example, you may have joined a peaceful protest that later turned violent. If you left immediately once this occurred, you would have a strong case for dismissal.

To use this defense successfully, you need evidence showing your lack of knowledge. Things like leaving promptly once trouble started, telling others to stop illegal acts, or contacting police can show you did not intentionally join an unlawful assembly.

You Were Exercising Your Legal Rights

The First Amendment protects your rights to free speech, assembly, and protest. While assemblies can cross into illegal territory, you can fight the charges by showing you acted within your Constitutional rights.

For example, a loud or disruptive protest does not necessarily exceed legal boundaries. To claim you were exercising your rights, you would need evidence like:

• Remaining peaceful and non-violent
• Obeying reasonable police orders
• Avoiding blocking traffic or destroying property

In situations that are borderline unlawful, arguing you were legally exercising your rights can be an effective defense.

Unlawful Assembly vs. Related Offenses

Unlawful assembly laws are closely related to other public disturbance crimes in California. Some of these include:

Failure to Disperse – PC 409

This law makes it illegal to remain present at the scene of an unlawful assembly after being warned to leave. While unlawful assembly penalizes participation, failure to disperse applies to those who stick around after police orders.

Rout – PC 406

Under this statute, a rout takes place when two or more people gather to do a lawful act, but do so in a violent or tumultuous manner. The main difference with unlawful assembly is rout involves otherwise lawful activity.

Rioting – PC 404 & 405

Rioting laws target people who are part of a group that uses threats or violence to disturb the public peace. This is a more serious felony charge imposed for dangerous and destructive group behavior.

Conclusion

Unlawful assembly can be a confusing and complex charge to defend against. Peaceful protestors often get caught up in mass arrests after events turn chaotic. This article hopefully shed light on how California law defines unlawful assemblies.

The key is showing you did not actively participate or intentionally join any illegal gathering. With an experienced criminal defense lawyer’s help, you can contest these allegations and protect your rights.