California Penal Code 404.6

Have you been charged with Inciting a Riot? Violation of California Penal Code 404.6 is a misdemeanor offense. Prosecutors do not take inciting a riot charges lightly, and you can expect a dog fight inside and outside of the courtroom. Without experienced legal representation, you could be putting yourself and your family in a bad position. Don’t let your situation spiral out of control, contact our law firm today to receive a free case evaluation and become more informed about your options.


PC 404.6 Defined


California defines Inciting A Riot as essentially being the instigator of a riot – which is elaborated below.


In order to prosecute for Orange County CPC 404.6 Inciting a Riot, the state has the burden to prove the following actions took place:


  • The defendant prompted others to:
  • Commit an arson; use force, violence or threat; or participate in a riot


Penalties for PC 404.6 Violations


Inciting a Riot is a misdemeanor penal code violation punishable by:


  • A fine of up to $1000 and/or
  • Imprisonment in county jail for up to one year


In numerous cases, there is a simple probation for this crime, so long as there are no other criminal offenses committed during the probation, or any other riots.


In the event of inciting a riot in prison, this can be enhanced to a felony offense. Misdemeanor charges for this crime are the same as above. However for felony charges, the sentence includes up to three years in the California State Prison.


Added Notes on Inciting a Riot in California:


Defendants, in order to be prosecuted, don’t have to engage in this riot themselves. The persons persuaded to commit a riot would not have to follow through either for the offender to be prosecuted. The element of this crime includes the attempt to ignite a riot in a public sphere, or that there is direct danger to the public if this incitement is executed. Rioting can endanger the public’s safety and health, and as such, this defense is taken seriously.


Top Legal Defenses for Inciting California Rioting


The most common legal defenses for inciting a riot include:


  • The accused was at the scene, but was not the perpetrator of incitement
  • The accused did not encourage force, violence or threat, but rather a peaceful protest
  • It was improbable that there was immediate danger of violence to the public
  • Executive Officers on the scene falsely reported individuals out of bias


If you are facing charges for California Penal Code Violations, our attorneys will probably be able to help you. Regardless of whether you choose our firm for legal representation, we can still provide you with information that can help you determine what option is your best option.

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