What Can the Police Arrest You for at a Protest?

As an American citizen, the First Amendment affords you the right to assemble and redress grievances against the government. However, expressing your opinion does not give you carte blanche to do whatever you like. Under certain circumstances, you may be arrested at a protest for failing to follow police orders or threatening to harm another for exercising their Constitutional rights. In this blog, our Myrtle Beach criminal defense attorney discusses the situations in which the police can arrest you during a protest.

If You Participate in a Riot

While a peaceful protest is legal, if your participation results in violence or destruction of property, you may be charged under SC Code §16-5-130. This law applies if you are found instigating or participating in a riot. If you are found guilty, you may be incarcerated for up to five years and potentially fined $1,000.

If You Violate Restrictions on Manner or Location

Under South Carolina law, you are generally allowed to hold a protest in a “public forum,” including streets, sidewalks, or any places that are open to the general public. However, if you plan on holding a protest that would obstruct traffic or create a noise disturbance (such as using a megaphone), then you will likely need to get a permit. If you fail to get a permit, you could be jailed.

If You Threaten to Harm or Prevent Someone From Expressing Their Civil Rights

Both federal and state laws prohibit anyone from conspiring against another individual’s rights. If you are charged under 18 U.S.C. §241, you may be fined, imprisoned for ten years, or potentially both. SC Code §16-5-10 prohibits two or more individuals from conspiring to harm another person or destroy another person’s property based on that individual’s political perspective. Preventing a person from expressing his or her views also falls under this offense. Considered a felony, if found guilty, you may be fined a maximum of $2,000 and incarcerated for up to five years.

Tenacious Counsel Against Serious Charges

Charges that involve disturbing the peace will remain on your record indefinitely, making it difficult to obtain adequate housing or a well-paying job following your release. While law enforcement may insist that you were acting against the public interest, these accusations may be groundless. The government may dig up any evidence to work against you, which is why you need dependable counsel by your side.

At The Law Office of Brad C. Richardson, our Myrtle Beach criminal defense lawyer is devoted to achieving justice for any person found on the wrong side of the law. If you believe that you were arrested in error, do not hesitate to reach out to our office.

Arrested at a Protest? Contact Our Myrtle Beach Criminal Defense Lawyer Now

Being apprehended by the police can be a terrifying experience. Even if your arrest is unfounded, you need experienced counsel to handle your case from beginning to end. At The Law Office of Brad C. Richardson, our Myrtle Beach criminal defense attorney has helped countless protesters successfully advocate for their rights. To learn how we can be of assistance, or to schedule your consultation contact our office online or by phone today.