Protest-Related Charges This Election Day

 Posted on October 30, 2024 in Criminal Defense

This election cycle has been more heated than most. People on both sides are very passionate, and protests are to be expected regardless of the outcome. Everyone has the right to engage in political speech in public. The right to free speech and the right to assembly are well-protected. However, there are time, place, and manner restrictions. Going about protesting in the wrong way can lead to criminal charges like disorderly conduct, rioting, obstructing a highway, or even more serious charges like terroristic threats and other assaultive offenses. If you are arrested while engaging in political protest this election day, an experienced Houston, TX criminal defense lawyer can help you.

Criminal Offenses People Might be Charged With While Protesting

A few of the most likely offenses people may be arrested for while attempting to protest this election day include: 

• Disorderly conduct - While protests are expected to be loud and passionate, vulgarity, obscene gestures that disturb the peace, direct verbal attacks on others, or conduct that is likely to cause alarm can lead to charges. 
• Rioting - Protests that become too heated and involve a group of people behaving in a way that could cause injury to others or property damage can lead to rioting charges. While standing in a group and chanting is generally a protected activity, breaking windows on storefronts, starting fires, or throwing objects around might be considered rioting. 
• Obstructing a highway - Unless your group has a permit to block a public road, interfering with the flow of traffic could get you arrested. Using a vehicle to block a roadway or standing in the streets holding signs could lead to these charges. 
• Terroristic threats - Threatening harm to others or calling in bomb threats can lead to serious felony charges. It is easy to become caught up in the heat of the moment and make a threat you do not intend to carry out, but you could still find yourself in legal trouble. 
• Assaults - While peaceful protest is protected activity, it is not unforeseeable that conflicts between protesters on opposing sides could lead to physical fights breaking out. It is best to avoid directly confronting other groups to reduce the chances of violence. 
• Deadly conduct and other weapons charges - Discharging a gun or pointing weapons at others in a manner that causes the imminent risk of harm can be considered the crime of deadly conduct. Other weapons charges are also possible if a weapon is inappropriately brandished or a person who cannot lawfully carry a firearm is in possession of one. 

Lawyers, police officers, and courts have long struggled to find the line between protected political speech and criminal offenses. If you are charged with a crime while protesting, you should enlist the help of an experienced attorney.

Contact a Harris County, TX Criminal Defense Lawyer 

Murphy & McKinney Law Firm, P.C. is experienced in helping people who are arrested while engaging in protest-related offenses. Knowledgeable Houston, TX criminal defense attorney Doug Murphy will do all he can to ensure that your constitutional rights are protected. Contact us at 713-229-8333 for a complimentary consultation.