California Penal Code 404

Have you been charged with Rioting? Violation of California Penal Code 404 is a misdemeanor offense that can result in severe penalties. In addition to a $1,000 fine, you could face up to a year in jail for your offense. At MacGregor & Collins, LLP, our criminal defense attorneys can provide you with a free consultation to help you determine what options you have available. Without proper guidance, it can be very difficult to make informed decisions that are in the best interest of yourself and your family. Call us today to receive assistance.


PC 404 Defined


California defines a riot as using force, violence or threat to cause uproar in a public sense. It can also be using direct authority to execute this threat when more than one person carries out this force or violence.


In order to prosecute for Orange County CPC 404 Participation in a Riot, the state has the burden to prove the following actions took place:

  • Two or more persons used force, violence or threat
  • Two or more persons caused a commotion in public


Possible Penalties for 404 Violations


Participation in a Riot is a misdemeanor punishable by:

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


Added Notes on California Rioting


In many instances, first time penal code offenses are merely penalized with a formal or informal probation. The judge may also order that the defendant refrain from visiting the scene of the riot, and also adhere to all California laws in order to avoid jail time.


Rioting is not subcategorized under California Conspiracy laws. In addition, if a protest for instance begins as a peaceful cause, but escalates into an uproar, participants can be prosecuted for Rioting in these cases.


The most common legal defenses for rioting include that the defendant was simply present at the time of the riot, and neither participated or incited the riot (See California Penal Code 404.6). In addition, the defendant may have been acting in self defense when a police officer emerged on the scene to gain control of a crowd protest or uproar.


Penal Code 404 Defense


If you are facing charges for Rioting under California Penal Code Section 404, we can help. MacGregor & Collins are ready to provide you the OC criminal defense attorney services you need. We will help you understand the charges against you and get you the best possible outcome for your case. Call MacGregor & Collins today at (888) 250-2865.

Free Consultation

Criminal Defense Guides