The Orange County District Attorney’s Office is continuing to work with law enforcement to monitor all protest-related activity in Orange County, including today’s protest in Santa Ana.
The right to peaceful assembly is a constitutional right and we encourage protestors to exercise their right to peaceful assembly; however, criminal activity which transcends peaceful assembly, including violence and vandalism of any kind, will not be tolerated.
Any evidence of criminal activity, including failure to obey lawful orders to disperse, will be investigated and thoroughly reviewed to determine whether there is sufficient evidence to prove beyond a reasonable doubt that a crime was committed.
The OC Sheriff also made a statement about the protests:
The violence against peace officers, obstruction of public infrastructure, and vandalism of property in Los Angeles is unacceptable. At this time we have no similar threats in Orange County, but we are closely monitoring the situation.
The Orange County Sheriff’s Department will always defend the First Amendment rights of those who peacefully protest, but criminal activity such as vandalism, destruction of property, and assaults will not be tolerated.
In Orange County, CA, individuals involved in unlawful protests—especially those that include failure to obey lawful orders to disperse, vandalism, or violence—can face several legal penalties under California law:
1. Unlawful Assembly (Penal Code 407 & 408 PC)
- Defined as two or more people gathering to commit an unlawful act or to do a lawful act in a violent, boisterous, or tumultuous manner.
- Penalty: Misdemeanor, punishable by:
- Up to 6 months in county jail, and/or
- A fine up to $1,000.
2. Failure to Disperse (Penal Code 409 & 416 PC)
- Applies when individuals refuse to leave after being ordered to disperse by law enforcement during a riot or unlawful assembly.
- Penalty: Also a misdemeanor, with similar consequences:
- Up to 6 months in jail, and/or
- A fine up to $1,000.
3. Vandalism (Penal Code 594 PC)
- Involves damaging, destroying, or defacing property.
- Penalty depends on the amount of damage:
- Less than $400: Misdemeanor, up to 1 year in jail and/or $1,000 fine.
- $400 or more: Felony, up to 3 years in state prison and/or $10,000+ fine.
4. Violence or Rioting (Penal Code 404 PC)
- Participating in a riot or inciting violence during a protest.
- Penalty: Misdemeanor, up to 1 year in jail and/or $1,000 fine.
These charges can be compounded if multiple offenses are committed during a protest. Additionally, a criminal record from any of these charges can affect employment, housing, and other aspects of life.
