Can I Get Arrested for Being in a Riot?

 Posted on September 18,2024 in Criminal Defense

If you go by the legal definition, a riot is a shockingly common occurrence. You only need seven participants to legally have a riot. If you were recently involved with a group of people who became unruly and damaged property, obstructed law enforcement, or impeded another person’s legal rights, there is a risk that you could be arrested and charged with rioting. It may be surprising how little it takes to get charged with this crime. You do not need to have had any malicious intent - a good many people have been arrested for rioting while celebrating a sports victory. If you are charged with the offense of rioting, you need an experienced Houston, TX criminal defense attorney.

What is Considered a Riot in Texas?

While most people picture a horde of hundreds of angry people running down the street smashing things and starting fires when they hear the term "riot," the legal definition is not nearly so dramatic. Texas may refer to a situation as a riot if a group of at least seven people either: 

• Created a risk of property damage or injury - Your group does not need to have actually damaged any property or hurt anyone; just created an "immediate risk" of this happening
• Obstructed the police or other governmental activities - Simply creating enough of a disruption that a city council meeting decided to end early could fall into this category
• Interfered with another person’s rights - This broad category includes using force, threats, or other physical action to stop another person from exercising a legal right or disturbing him or her while he or she is exercising a legal right. For example, physically standing in the way to discourage someone from voting might turn a lawful protest into an unlawful riot.

To convict you of a riot offense, the state would also have to prove that you knowingly participated in a riot. Say you are walking home after watching your team win a playoff game. You come across a group of people jumping around and yelling. Thinking they are also celebrating, you run up and high-five everyone before continuing on.

You later learn that the people were actually protestors who had just begun vandalizing cars, and they thought you were egging them on. You would not be guilty of a riot offense because you did not knowingly get involved in a riot - you were simply mistaken about what was going on.

Contact a Houston, TX Riot Offenses Attorney

Doug Murphy Law Firm, P.C. is experienced in helping people who have been accused of rioting. Dedicated Harris County, TX defense lawyer Doug Murphy has represented people from all walks of life who are facing criminal charges and understands that this can happen to anyone. Contact us at 713-229-8333 for a complimentary consultation.