In Weld County, protesting or gathering to be heard is a right that everyone has, however protesters can find themselves being arrested and falsely accused of Inciting or Engaging in a Riot. In Denver Colorado recently, protesters have been charged with Inciting and Engaging in a Riot. This is after lawful protests have turned violent, fires have been started, and people have been injured. Engaging in a Riot or Inciting a Riot is a criminal offense that needs an experienced criminal lawyer to fight for your rights.
What is Inciting a Riot in Greeley, Colorado?
In Greeley, Colorado according to C.R.S. 18-9-102:
A person commits Inciting Riot in Greeley if he:
(b) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
Simply put if a person urges or instructs a group of people to commit violence or create a dangerous public environment, they can be charged with Inciting a Riot. It is also noteworthy that planning or trying to incite others to riot (even if an event has not happened) can result in an “Attempt to Incite a Riot” charge.
While a peaceful protest can be deemed a Riot preemptively by police, it is also true that a few people can turn a peaceful protest into a Riot causing the police to label all the protesters as Rioters. Being in the midst of a riot can get your charged, so it is best to get away from the crowd.
In Weld County What are the Penalties of Inciting a Riot?
Inciting a Riot, in Weld County, is a class 1 misdemeanor. The penalties for Inciting a Riot is 6-18 months in the Weld County Jail and a fine up to $5,000. During the Riot, if property is damaged or if anyone is injured it may be considered a class 5 felony. The penalties of a class 5 felony are 1-3 years in the Department of Corrections and fines up to $100,000 and with mandatory parole of 2 years.
What is Engaging in a Riot and What are the Penalties for Engaging in a Riot in Greeley, Colorado?
According to C.R.S 18-9-104, a person who is participating or Engaging in Riot but does not encourage or Incite a Riot, can still be charged with a criminal offense. Engaging in a Riot is a class 2 misdemeanor if the accused offender has not injured anyone, and property has not been damaged. The penalties for a class 2 misdemeanor, Engaging in a Riot, is 3-12 months in the Weld County Jail and up to $1,000 in fines.
Engaging in a Riot can be a class 4 felony if there was a threat of a deadly weapon, use of a deadly weapon, or using a device where a person could believe it was a deadly weapon. It can also be a class 4 felony if there was threatening the use of a deadly weapon. Engaging in a Riot as a class 4 felony penalties include: 2-6 years in the DOC, fines up to $100,000 and with 2 years mandatory parole.
Accused of Inciting or Engaging in a Riot in Weld County? Be smart, and exercise your right to remain silent, as the police are not your friends. Call the best criminal attorneys at the O’Malley Law Office today! Call 970-616-6009 meet with an experienced criminal defense lawyer in Weld County and the Greeley area. Together, we can protect your future.
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