California Penal Code 405

Have you been charged with Rioting? Violation of California Penal Code 405 is a misdemeanor offense. If convicted, you may be ordered to serve time in jail and pay large fines and penalties. At MacGregor & Collins, LLP, our California criminal lawyers can help you evaluate your circumstances and help you determine what options are in your best interest. Call or fill out our contact form today to take advantage today.


PC 405 Defined


California defines rioting as exercising force, violence or threat to cause a commotion in a public place. California Penal Codes 404 and 405 are closely related. The fines for both are the same.


In order to prosecute for Orange County CPC 405 Rioting, the state has the burden to prove:


  • That more than one person collaborated to exercise force, violence or threat
  • That more than one person incited a public uproar


PC 405 Penalties


Participation in a Riot is a misdemeanor punishable by:


  • Up to $1,000 in fines
  • Up to 1 year in the county jail


Quick Facts California Rioting


  • First time offenders can get off on a probation alone, with strict stipulations to not engage in any other riots or criminal offenses.
  • Closely related crimes include lynching, inciting a riot, participating in a riot, unlawful assembly, failure to disperse, disturbing the peace, and more – all of which the skilled lawyers at MacGregor and Collins can help with.
  • A riot is not considered to be a conspiracy, and will not be charged as such.


Top Legal Defenses for California Rioting


There are several possible legal defenses available for those charged with violating California Penal Code 405, depending upon the specific circumstances that are pertaining to your case. In some cases, those charged with rioting are able to provide sufficient evidence that they did not participate in violence or threats. Other times, those charged with rioting are able to show that their actions were in an effort to protect themselves from other rioters. Under these circumstances defendants may be able to have their charges dropped, case dismissed, or obtain a not guilty verdict.


Legal Defense for Rioting


Those facing charges for rioting are invited to contact our office for a free case evaluation. Our skilled criminal defense lawyers will speak with you for up to one hour for free and help you to better understand what options you have available and potential penalties that you may face.

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