Unlawful Assembly | Penal Code § 407 & 408

Description

The crime of Unlawful Assembly is whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

What does the prosecutor have to prove?

1. Defendant and one or more other persons assembled and acted together to do an unlawful act.
or
1. Defendant and one or more other persons assembled and acted together to do a lawful act in a violent, boisterous, or tumultuous manner.
2. Said acts tended to incite others to violence or gave rise to a clear and present danger of immediate violence.
3. Defendant willfully and knowingly participated in the unlawful assembly.

Punishment

With probation 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