Penal Code 405a and 405b are associated with riots in the state of California. An individual can be accused of these crimes if they took a prisoner by means of a riot. This charge used to be known as “lynching,” however California changed its name back in 2015.
PC 405a or 405b violations are felony charges in the state of California. Convictions can result in fines and/or time in prison.
Understanding the Taking of a Prisoner by Means of a Riot
It is against the law to take someone from police custody by means of a riot. Riots occur when at least two people work together to disturb the peace and use, or threaten to use, violence or force.
Individuals who riot for the purpose of getting someone removed from the police’s custody may face PC 405a charges. The individual removed can also face PC 405a charges if he or she incited the riot as a means to remove them from custody.
Charges Associated with Taking a Prisoner by Means of a Riot
In addition to PC 405a and 405b, an individual can also be charged under several other penal codes for actions involved with rioting, including Penal Code 404 for rioting itself. Other charges that may apply include:
- Incitement to riot (Penal Code 404.6)
- Disturbing the peace (Penal Code 407)
- Rescuing a prisoner (Penal Code 4550)
A criminal defense lawyer in Los Angeles can help you build your defense against these and similar charges. Call the Simmrin Law Group today to find out more.
Results of a Conviction Under PC 405a or 405b
Taking a prisoner by means of a riot is a felony-level offense in California. Felonies are the most serious crimes in the state. Individuals convicted under PC 405a could end up paying up to $10,000 in fines or serving up to four years of incarceration.
In some cases, an individual may get probation after a PC 405a conviction. Probation allows the individual to stay out of jail. The court issues the applicable rules that must be followed during a person’s probation period.
Individuals who violate the court’s orders may face criminal charges for a probation violation. Probation violations can and do result in incarceration. Call the Simmrin Law Group today at (310) 997-4688 for help with these charges.
Legal Defenses Against PC 405a and 405b
A PC 405a or 405b accusation does not automatically lead to a conviction in California. You can work with a lawyer if you are accused of taking a prisoner by means of a riot. Your lawyer may be able to argue that:
You Were Not Involved in a Riot
You should only face PC 405a charges if you participated in a riot. This means you must have worked with at least one other person to disturb the peace or to use or threaten to use violence or force. If you did not take part in a riot, you should not be convicted under PC 405a.
You Were Not Trying to Free a Police Detainee
PC 405a and 405b cover the taking of a prisoner from police custody. If you were involved in a riot but did not try to take or free a prisoner, you may be able to avoid a PC 405a conviction. However, you could still face charges for being involved in a riot.
You Were Falsely Accused of Rioting
Sometimes individuals make false identifications after a riot. Riots can be confusing, as they involve many participants. If you were confused for someone else, your lawyer can help you fight the charges against you.
Talk to a Lawyer About Fighting Charges Under Penal Code 405a and 405b
You can get legal help if you were accused of taking prisoners by means of a riot in California. Reach out to the Simmrin Law Group for help with your legal defense right away. Our criminal defense lawyers in Los Angeles are standing by to help you with a free consultation.
Reach out to us by calling (310) 997-4688. You can also complete our online contact form.