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The First Amendment right makes it possible for people to assemble. However, this right only works if the individuals assemble peacefully.
Under the California Penal Code Section 408 PC, it is illegal for an individual to participate in an unlawful assembly. The exact language of the statute states.
“Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.”
So what counts as an unlawful assembly? The California Penal Code Section 407 PC assists to define what an unlawful assembly is. The statute states that an unlawful assembly occurs whenever two or more persons assemble together to do an unlawful act or do a lawful act in a violent, boisterous, or tumultuous manner.
Thus, when two or more people assemble to do a lawful act, they are considered to violate the Penal Code 408 PC statute when the assembly either:
tody or control of a dangerous dog or mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.
Violating the Penal Code 408 PC is considered a misdemeanor offense. One thing you should note about being convicted under this statute is that it will go into your criminal record. The penalties for being convicted under this statute include:
It is a prosecutor’s job to prove that you are guilty of the crime you are accused of. Thus understanding the tactics a prosecutor will use against you will do wonders in helping you in your defense. To get you convicted under the Penal Code 408 PC, the prosecution will have to prove the following two elements:
Willfully means that the defendant committed the act on their own accord. Thus the prosecutor needs to prove the defendant participated in the unlawful assembly on purpose. Plus, the prosecutor should also demonstrate that the defendant was well aware the assembly they were in was unlawful when they participated in it.
If the prosecutor cannot prove both of these elements. Then the defendant cannot be convicted under this statute.
There are a couple of defense strategies a criminal defense attorney can use to defend you if you are charged under the California Penal Code Section 408 PC. Let us take a look at some of the common ones.
If the assembly did not get violent at all. Then your attorney can use this to defend you in court. Peaceful assemblies are completely legal under the constitution, and one should not be convicted for them.
It is not uncommon for peaceful assemblies to turn violent. Therefore if you were part of a lawful assembly that turns violent, it is advisable you leave if you do not wish to face legal charges. However, in some cases, you may not be given enough time to leave the unlawful assembly, and you may end up getting arrested.
If this happens to you, your defense attorney can use this as a defense strategy to get your charges dismissed.
A key element of prosecuting a defendant for PC 408 is they need to be aware the assembly was unlawful. If the defendant did not have this knowledge. Then an attorney can use this to argue their case in court.
If you or a loved one happens to be charged for Unlawful Assembly, the best person you have by your side is an experienced criminal defense lawyer. Our experienced criminal defense lawyers have been defending criminal cases, including PC 408.
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