Los Angeles Protests & Related Offenses Defense

Public demonstrations have long been woven into the fabric of Los Angeles, from the 1965 Watts uprising to the 2020 marches sparked by George Floyd’s murder. The First Amendment protects the right to assemble. Yet, LAPD, the L.A. County Sheriff’s Department, and ancillary agencies regularly initiate mass-detention tactics, kettling, rapid‐response skirmish lines, and rolling closures that can transform a peaceful rally into a criminal investigation in moments. Understanding where constitutionally protected speech ends and criminal exposure begins is critical; a single citation can jeopardize employment, licensing, scholarships, immigration status, and even child-custody determinations. Speaking with an experienced Los Angeles criminal defense attorney immediately is crucial if you or someone you know has been arrested while protesting.

Los Angeles protesters navigate an overlay of federal free-speech guarantees, California constitutional protections, the state Penal Code, and a patchwork of municipal ordinances and curfews. Two recent statutes are fundamental:

• Senate Bill 98 (Penal Code § 409.7): codifies press-access rights, barring officers from arresting or citing duly authorized journalists for curfew, dispersal, or Penal Code 148 violations while newsgathering.
• Assembly Bill 48 (2021): restricts kinetic-impact munitions and chemical agents at crowds unless objectively necessary to prevent serious bodily injury, and requires de-escalation attempts first. These limits create fertile ground for “excessive-force” defenses and civil-rights counterclaims.

Curfew orders are issued under LAMC §55.07 and County Emergency Ordinances. Although constitutionally valid when narrowly tailored, overbroad or selectively enforced curfews can support dismissal or suppression motions.

• Failure to Leave After Warning – Penal Code § 409. Remaining at a declared unlawful assembly after officers broadcast dispersal orders (usually over amplified speakers). Maximum six months in jail and a fine up to $1,000.
• Failure to Disperse with Felonious Intent – Penal Code § 416. Applies when two or more people intend to commit a crime and refuse to obey lawful orders to break up.
• Unlawful Assembly / Riot – Penal Code §§ 408, 405. Charged when a lawful crowd becomes “violent, boisterous, or tumultuous.”
• Vandalism – Penal Code § 594. Graffiti, tagging, window breakage, or destruction of barricades are all crimes. Damage under $400 is a misdemeanor; above $400, the D.A. may file a felony.
• Resisting, Delaying, or Obstructing an Officer – Penal Code § 148(a)(1). A broad-brush misdemeanor is frequently added when arrestees question commands, move slowly, or video-record.
• Resisting by Force or Violence – Penal Code § 69. A “wobbler” that can be filed as a felony for any physical struggle during an arrest.
• Looting During State of Emergency – Penal Code § 463. Elevates burglary, grand theft, or petty theft if an emergency proclamation is in effect; penalties jump to three-year sentences plus mandatory minimums.
• Arson – Penal Code § 451. Willful burning—even of trash or debris—carries severe consequences, with sentences ranging from sixteen months to nine years.

• Stay calm and keep your hands visible.
• Ask, “Am I free to go?” If yes, walk away calmly.
• Exercise your right to remain silent. Provide only your name and date of birth unless driving.
• Request counsel immediately. Do not answer questions or sign documents without an attorney.
• Document everything. Note badge numbers, patrol-car identifiers, time, and location; preserve livestreams or phone footage.
• Seek medical care promptly and photograph any injuries.
• Contact witnesses. Collect names, phone numbers, or secure statements through trusted allies.
• Do not consent to phone searches. Officers need a warrant absent exigent circumstances.

These best practices flow from Fourth and Fifth Amendment jurisprudence and are reinforced by the ACLU’s protest-rights guidance.

• First-Amendment Shield. Demonstrating the assembly’s lawful purpose and peaceful character undermines intent elements in PC 409, 416, 148, and vandalism counts.
• Overbreadth & Selective Enforcement. Curfew proclamations or dispersal orders that target specific viewpoints violate constitutional standards and can void the underlying arrest.
• Lack of Probable Cause. Officers must articulate specific facts supporting unlawful assembly status; vague references to “crowd energy” or “heightened tensions” are insufficient.
• Insufficient Evidence of Identification. Mask‐wearing crowds, nighttime lighting, and body-worn camera obstructions often create reasonable doubt about the defendant’s actions.
• Necessity or Self-Defense. When officers deploy kinetic projectiles or tear gas contrary to AB 48, proportional responsive conduct (e.g., moving barricades to avoid stampede injuries) may be justified.
• Misuse of Force Motions. Excessive-force findings under Graham v. Connor can suppress evidence or trigger dismissal.
• Press & Legal Observer Immunities. PC § 409.7 overrides curfew and dispersal laws for credentialed and freelance journalists; arrests in violation invite civil liability.
• Fourth-Amendment Suppression. Warrantless cell-phone searches after Riley v. California or kettled mass searches without individualized suspicion can exclude digital evidence.
• Civil Rights Cross-Complaints (42 U.S.C. § 1983) – Parallel suits pressure prosecutors to reevaluate criminal filings and incentivize favorable plea offers.

Criminal convictions tied to protests can:

• Jeopardize DACA or other immigration benefits.
• Trigger professional-license denials (Real-Estate Bureau, State Bar moral-character reviews, nursing, EMT certification).
• Disqualify applicants from public-sector jobs requiring background checks.
• Affect university disciplinary proceedings or financial aid.

Where dismissal is not possible, pre-plea diversion, deferred-entry programs, or later record-sealing under Penal Code § 1203.4 can mitigate long-term harm. Early engagement with counsel maximizes access to these remedies.

Under PC § 409.7, credentialed or “duly authorized” journalists, including freelancers, podcasters, and independent bloggers, may cross police lines, remain after dispersal orders, and record arrests. Officers who obstruct or detain them risk personal liability. Similarly, National Lawyers Guild observers often operate under bar-card authority, and certified street medics may claim necessity defenses when providing urgent care.

• Former Prosecutor's Insight. Founding attorney Michael Kraut served 14 years as a Deputy District Attorney, giving him the same playbook used by the opposition.
• Rapid Response. Our team fields calls from custody facilities citywide and can invoke your Miranda rights before detectives start questioning.
• Technical Mastery. We dissect body-worn video metadata, radio-traffic logs, and geofence warrants to expose investigative shortcuts.
• Holistic Advocacy. Collaboration with immigration, employment, and civil-rights counsel safeguards every facet of a client’s future.
• Proven Track Record. From mass-arrest dismissals to six-figure civil settlements, our results speak for themselves.

Every protest-arrest timeline is tight: arraignments can occur within 48 hours, and evidence preservation windows close quickly. If you, a loved one, or a colleague has been detained or received a citation in the mail, contact Kraut Law Group Criminal & DUI Lawyers, Inc., immediately for a free, confidential consultation.