Political grievances, civil unrest, injustices … there are many reasons people chose to protest. Not only is protesting a way to effectuate change, the First Amendment protects your right to voice your opinion and gather with others. In this way, protesting is legal. But can protestors face criminal charges? In certain situations, the answer is yes. The following will dive into when this is possible and what you should do if you find yourself in this situation.
Common criminal charges in protest settings
Below are examples of the types of charges officials often pursue in connection to protest related arrests. The exact label can differ by state, and the outcomes depend on the facts of the case. With that in mind, common examples the government has moved forward with in the past that stem from protests include:
- Disorderly conduct, unlawful assembly, riot allegations tied to crowd behavior or police declared dispersal
- Trespass, curfew violations, obstruction of a roadway, blocking access to businesses or government buildings
- Resisting arrest, obstruction of justice, interference with an officer, failure to obey a lawful order
- Vandalism, criminal mischief, burglary related counts when property damage or entry allegations appear
- Assault, battery, menacing, harassment charges arising from physical contact or thrown objects
These charges range from infractions to felonies. Many carry collateral effects such as probation conditions, stay away orders, firearm restrictions, immigration consequences, and professional licensing impacts.
Building a defense
It is important to begin building a defense strategy as quickly as possible. The first step if you are arrested while at a protest is to assert your right to remain silent and request legal counsel. Do not elaborate on your position or explain the situation as this can be used against you. While awaiting counsel, gather thoughts about the time, place, route and any police commands during the protest. If possible, take note of badge numbers of responding officers and contact information for any witnesses.
Next, begin gathering evidence. This can include video from phones, livestreams, body worn camera requests, nearby business cameras, and even social media posts. Discussions about defense strategy at this point may include possible challenges to probable cause and lawful presence as well as the First Amendment protections noted above and discrimination claims as well as overbroad ordinance enforcement.
Protests can be lawful protected speech, but arrests can still occur when authorities allege public order violations, property related offenses or other forms of criminal activity. By understanding common charges, protestors can reduce the risk of facing similar allegations and begin building a defense if necessary.
