Rioting | Penal Code § 404 and 405

Description

The crime of Rioting is constituted by any use of force or violence or disturbing the public peace, by two or more persons acting together without the authority of law. Examples of Rioting are taking over the office of a university president demanding policy concessions or a gathering of many people to protest police misconduct involving vandalizing cars or breaking windows or camping outside a business or venue with disruptive chants or music.

What does the prosecutor have to prove?

“1. Defendant used or threatened to use force or violence, or disturbed the public peace, accompanied by the immediate power of execution.
2. The defendant acted with one or more persons.
3. The defendant specifically intended to cause a riot.

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No