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  1. Shouse Law Group
    https://www.shouselaw.com/ca/defense/penal-code/405a

    Penal Code § 405a PC – Taking a Person from Custody by a Riot

    • A prosecutor must prove the following to convict you under PC 405a: 1. you participated in a riot, and 2. the purpose of the riot was to take, or remove, a person from police custody.1 A “riot” occurs whe… See more

    Are There Legal Defenses?

    Defense attorneys use several legal strategies in attacking charges under this statute. These include showing that: 1. you were not involved in a riot, 2. you were not trying to tak… See more

    Shouse Law Group
    What Are The PC 405A Penalties?

    A violation of this statute is charged as a felony. The crime is punishable by: 1. custody in county jail for up to four years, and/or 2. a maximum fine of $10,000.5 A judge may … See more

    Shouse Law Group
    Are There Immigration Consequences?

    A conviction of this offense may havenegative immigration consequences. The commission of an aggravated felonycan result in you being either: 1. deported, o… See more

    Shouse Law Group
    Can I Get A Conviction expunged?

    You can get an expungementif convicted of this crime. An expungement is available provided that you successfully completethe imposed: 1. jail term, or 2. probation conditions (… See more

    Shouse Law Group
    What are the penalties for violating 405(a) PC?
    Violation of 405 (a) PC is a felony punishable by two to four years in prison, as specified by 405 (b) PC. Participating in a riot and inciting a riot, by themselves, are misdemeanors punishable by up to one year in county jail.
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    Table of Contents
    Are There Legal Defenses?
    What Are The PC 405A Penalties?
    Are There Immigration Consequences?
    Can I Get A Conviction expunged?
    What are the penalties for violating 405(a) PC?
     
  1. 405A PC, previously known as the "lynching" law, is a California statute that makes it a felony to participate in the taking by means of a riot of another person from the lawful custody of a peace officer12345. The crime is punishable by imprisonment in a California state prison for two, three, or four years12. The law was updated in 2015 to remove the term "lynching" from the penal code4.
    Learn more:
    405a. A person who participates in the taking by means of a riot of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.” Note that this offense was previously called “ lynching.”

    Penal Code § 405a PC – Taking a Person f…

    www.shouselaw.com/ca/defense/penal-code/405a/
    Under PC 405a, “the taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.” 3 A violation of Penal Code 405a is charged as a felony. The crime is punishable by imprisonment in a California state prison for: two years, three years, or four years. 4

    169 PC - Picketing Outside a Courthouse …

    www.shouselaw.com/ca/defense/penal-code/169/
    Section 405a Universal Citation: CA Penal Code § 405a (through 2012 Leg Sess) The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.

    CA Penal Code § 405a :: Section 405a - Ju…

    law.justia.com/codes/california/2011/pen/part-1/40…
    California 405 (a) PC is an example of the latter. This statute, once referred to as California’s lynching law, was updated in 2015 in order to remove the term “lynching” from the penal code. The modern understanding of this law is that it prohibits the taking of an individual from the lawful custody of police by means of a riot.

    What is California's Lynching Law? - Crim…

    www.donhammondlaw.com/blog/criminal-defense-l…
    Pursuant to Penal Code §405A requires that the police are grabbing someone who is involved in a riot, for example, and somebody else comes along with trying to help them with fighting with the police helping the person break free and then they can be charged with this lynching crime which is a felony.

    Crime of Lynching in Los Angeles | Penal …

    www.la-criminaldefense.com/violent-crimes/the-cri…
  2. People also ask
    What is California 405(a) PC?
    California 405 (a) PC is an example of the latter. This statute, once referred to as California’s lynching law, was updated in 2015 in order to remove the term “lynching” from the penal code. The modern understanding of this law is that it prohibits the taking of an individual from the lawful custody of police by means of a riot.

    What is California's Lynching Law?

    donhammondlaw.com
    What is lynching in California?
    According to California Penal Code 405a, lynching is defined as the crime of removing someone from the lawful custody of a peace officer by means of a riot. For more than 80 years, this has been the law in California.

    California “Lynching” Laws – California Penal Code 405a

    wklaw.com
    What are the penalties for violating 405(a) PC?
    Violation of 405 (a) PC is a felony punishable by two to four years in prison, as specified by 405 (b) PC. Participating in a riot and inciting a riot, by themselves, are misdemeanors punishable by up to one year in county jail.

    What is California's Lynching Law?

    donhammondlaw.com
    What is an example of a lynching crime?
    An example of a crime that was previously considered lynching under California Penal Code 405a is the case of Maile Hampton, an African American activist. Hampton was accused of trying to pull on the handle of a sign held by a protestor who was in the custody of Sacramento police officers. This incident set in motion the vote to remove the term ‘lynching’ from California Penal Code 405a.

    California “Lynching” Laws – California Penal Code 405a

    wklaw.com
    What is the meaning of lynching?
    Lynching is an act of murder of a person by an angry group of people, usually by hanging with a noose, often fueled by hate for the victim because of his or her race. Historically, lynching occurred most often against African Americans following the civil war between the 1890s and 1920s.

    California “Lynching” Laws – California Penal Code 405a

    wklaw.com
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  3. California Legislative Information
    https://leginfo.legislature.ca.gov/faces/codes...

    California Code, PEN 405A. - California Legislative Information

  4. Wallin & Klarich
    https://www.wklaw.com/practice-areas/c…

    Lynching ” Laws – California Penal Code 405a - Wallin …

    Under California Penal Code 405a, taking a person from the lawful custody of a peace officer by means of a riot is a felony punishable by two, three, or four years in county jail.

  5. Justia Law
    https://law.justia.com/.../title-11/section-405a

    California Penal Code § 405a (2023) :: 2023 California Code - Justia …

  6. Justia Law
    https://law.justia.com/.../title-11/section-405a

    405a :: 2013 California Code :: US Codes and Statutes - Justia Law

  7. donhammondlaw.com
    https://www.donhammondlaw.com/blog/…

    What is California’s Lynching Law? - Criminal Defense …

    Aug 25, 2016 · Historically, lynching was a hate crime associated with murder—typically by hanging—of an individual because of his or her race. However, under California Penal Code 405(a), lynching is described as the …

  8. California.Public.Law
    https://california.public.law/codes/ca_penal_code_section_405a

    CA Penal Code Section 405a - California.Public.Law

  9. Casetext
    https://casetext.com/statute/california-codes/...

    Section 405a - Taking by means of riot, Cal. Pen. Code § 405a ...

  10. FindLaw
    https://codes.findlaw.com/ca/penal-code/pen-sect-405a

    California Code, Penal Code - PEN § 405a | FindLaw

  11. Vista Criminal Attorney
    https://vistacriminallaw.com/understandi…

    California "Lynching" Laws: Penal Code 405a (PC)

    Aug 17, 2021 · California Penal Code 405a (PC), previously known as the anti-lynching law, prohibits taking someone in police custody by means of a riot.