Blair Defense Criminal Lawyers | June 12, 2025 | California Law
The First Amendment of the United States Constitution, as well as the California Constitution, protects the right to free expression. However, this right is not entirely without limits. In this blog, we’ll discuss laws that apply to protesting in California, what penalties you could face if charged with them, and how and when a criminal defense lawyer can help.
Laws on Free Speech
The California Constitution states, “Every person may freely speak, write and publish his or her sentiments on all subjects…A law may not restrain or abridge liberty of speech or press.” The United States Constitution establishes a similar rule, but this protection is not absolute.
Case law, including the 1969 case, Brandenburg v. Ohio, has established that states may restrict speech that is “directed to inciting or producing imminent lawless action” and is “likely to incite or produce such action.”
Laws on Gathering
Under California law, “the holding or conducting of any demonstration, gathering, public assembly or parade on or in State buildings and grounds is prohibited unless a permit for such activity has been issued by the Chief of the State Police Division or his designate.”
However, the Chief of Police may decline to grant such a permit in certain cases, such as if the activity could create a risk of injury or illness.
Generally, you are allowed to gather and protest on public grounds as long as the event doesn’t “realistically present serious traffic, safety, and competing use concerns.”
Crimes You Could Be Charged With for Protesting in California
Although free speech and gathering are generally protected, protests aren’t always predictable. Examples of crimes you could be charged with at a protest or in relation to a protest include:
- Resisting arrest or delaying a peace officer (Penal Code Section 148)
- Disrupting a public meeting (Penal Code Section 403)
- Riot and unlawful assembly (Penal Code Sections 404–408)
- Failure to disperse (Penal Code Section 409)
- Disturbing the peace (Penal Code Section 415)
- Trespassing (Penal Code Section 602)
- Refusing to obey a peace officer who is enforcing the Vehicle Code (Vehicle Code Section 2800(a))
- Attempting to free a person who has just been arrested (Penal Code Section 405a)
- Using force, a threat of force, or physical obstruction to interfere with a person’s right to reproductive health services or to attend a place of religious worship (18 U.S.C. § 248)
If you’re charged with a crime while protesting, it is critical to know your rights and seek experienced legal help.
What Consequences Could I Face if I’m Charged With a Crime for Protesting?
If you’re arrested for actions related to protesting, the consequences you may face depend on whether you are charged with a misdemeanor or a felony. You might face:
- Jail or prison time
- Fines
- Collateral consequences, such as difficulty finding housing or jobs
Most of the crimes listed in this blog are misdemeanors. For most misdemeanors, you could face up to a $1,000 fine and up to a year in county jail, which means it is still a good idea to speak with a criminal defense lawyer.
How Can a Lawyer Help if I’m Charged With a Crime for Protesting?
If you’ve been charged with a crime in association with a protest, having a criminal defense lawyer on your side can make a critical difference. A lawyer can:
- Meet with you to discuss your case
- Determine whether your rights were violated
- Identify any applicable defenses
- Fight to get your charges reduced or dropped
A skilled criminal defense attorney will stand by your side every step of the way, supporting you and fighting to protect your future.
Contact a California Criminal Defense Lawyer for Help
Protesting is a way to make your voice heard and advocate for change. While the rights to free speech and assembly are generally protected by law, they are subject to certain limitations. In some cases, protests can escalate beyond peaceful expression, potentially resulting in legal consequences.
Don’t let participating in a protest affect your future. If you need help, contact Blair Defense Criminal Lawyers as soon as possible so we can get started working for you. We offer a free consultation.
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
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