With protests erupting across Los Angeles and throughout California, it’s more important than ever to know your rights — and what to do if you’re arrested.

Whether you’re actively protesting or just happen to be nearby, getting arrested in a crowd can happen quickly. It’s not always about what you did — it’s often about where you were and how officers perceive the situation.

If you’re arrested during a protest, your actions in those next few minutes can seriously affect your case.

Is It Legal to Protest in California?

Yes — peaceful protest is protected by the First Amendment. But in California, that right has legal limits.

Law enforcement may arrest protesters if there’s a claim of violence, public safety issues, or refusal to follow dispersal orders. You don’t have to be the one causing problems to get caught up in a mass arrest.

Criminal Charges You Could Face at a California Protest

Here are the most common charges people are arrested for at protests:

1. Unlawful Assembly

If police declare a gathering “unlawful,” anyone remaining on the scene can be arrested — even peaceful participants.

2. Failure to Disperse

If police issue a dispersal order and you don’t leave quickly enough, you may be arrested regardless of your behavior.

3. Obstructing a Public Way

Blocking streets, sidewalks, or entrances — even temporarily — can result in misdemeanor charges for obstruction.

4. Resisting Arrest

You don’t have to physically fight back. Pulling away or verbally protesting during an arrest can lead to resisting charges.

5. Trespassing or Vandalism

Crossing barriers, damaging signs, tagging buildings, or even walking into restricted zones can lead to additional charges.

6. Returning to Restricted Land — Penal Code 419

You could also be charged under California Penal Code 419, which makes it a misdemeanor to return to land you’ve been lawfully removed from. This could apply to protesters who return to a cleared encampment, campus area, or other property after being legally removed. Even if you’re peacefully demonstrating, returning to the same location could lead to criminal charges — especially if officers previously issued a lawful order to vacate.

If You’re Arrested in California — Do This

Getting arrested at a protest is stressful. Here’s what to do if it happens to you:

1. Stay Calm

Don’t argue or resist. Keep your hands visible and your tone respectful.

2. Say Only This:

“I’m invoking my right to remain silent and I want an attorney.”
Don’t try to explain your side. Your silence is your protection.

3. Don’t Sign Anything

Wait until you’ve spoken to a lawyer. You might be asked to sign a citation or statement — don’t.

4. Remember a Phone Number

Write a key contact number on your arm in case your phone is taken or dead. California law gives you the right to make a phone call after booking.

Even a Misdemeanor Arrest Can Follow You

Some people think protest arrests won’t lead to real charges. That’s not always true. A single misdemeanor conviction can affect your:

• Job applications
• School admissions
• Background checks
• Professional licenses

You don’t need to be guilty to face consequences — you just need to be charged.

How a Criminal Defense Attorney Can Help

At IE Criminal Defense, we’ve represented people who were arrested simply for being present at a protest — and we know how to fight these charges. From challenging the legality of the arrest to negotiating a dismissal or taking the case to trial, your defense starts with experienced legal guidance.

If you or someone you know in the Inland Empire has been arrested at a protest or accused of a similar crime, don’t wait. Call us at 909-281-0391. We specialize in defending violent crime and protest-related charges throughout the Inland Empire and have a strong track record of results.

The first consultation is free. We’re located in Ontario, CA, and we’re ready to help you protect your future.