Illegal Assembly Attorneys – Criminal Defense in Los Angeles

“Illegal Assembly” is defined as two or more persons gathered with the purpose of: Illegal Act

Doing something legal, but in a violent, noisy or tumultuous way.

To be found guilty, the accused must:

• Voluntarily participate in the illegal gathering (in other words, do it on purpose).
  
  
• Do so knowing it is illegal.
  
  

Penal Code 408 makes this crime a misdemeanor, punishable with up to six months in county jail. This gives authorities broad powers to arrest strong protesters as it is considered an “ILLICIT ASSOCIATION.”

To satisfy the First Amendment freedom of assembly protection, the California Supreme Court strictly interprets the law to prohibit only “assemblies that are violent or that present a clear and present danger of imminent violence.” Specifically, an assembly may be justifiable if it does not pose a threat.

Of course, a legitimate assembly can become illicit if what begins as a peaceful protest later turns violent. Courts have explained that “It does not matter at what point the intent to do the lawful act in an unlawful way is formed, whether before or during the assembly.”