Have You Been Charged with Inciting to Riot in Georgia?
Many people are unsure of the differences between affray, riots, and inciting a riot in Georgia. All of these crimes are a disturbance of the peace, but they are all different. It is important to know the subtle distinctions between each crime. All of them are charged as misdemeanors in Georgia. Lawson and Berry and their team of Georgia Inciting a Riot Lawyers have decades of experience and know how to defend your case successfully. Contact our offices today for a free case evaluation.
Georgia Law O.C.G.A. § 16-11-31 reads as follows:
The offense of inciting to riot occurs when a person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot.
There are three essential elements of inciting to riot:
- Engaging in conduct which urges, counsels, or advises others to riot
- With intent to riot, and
- At a time and place and under circumstances which produce a clear and present danger of a riot.
Georgia Case Law
An example of inciting to riot can be found in the case of Powell v. State. Powell was upset at a girl for denying to sleep with him, so he encouraged another woman to confront her. He encouraged the fight and yelled, “don't stop the fight.” He also shoved and bullied people that were trying to break up the fight. The Court found there was sufficient evidence that Powell intentionally urged, counseled, or advised others to riot. 218 Ga. App. 556, (1995).
The Penalty for Inciting a Riot in Georgia
A person convicted of inciting to riot will be guilty of a misdemeanor. Misdemeanor convictions in Georgia come with a maximum of one year in jail, up to $1,000 in fines, or both. Even though a misdemeanor may seem like a minor blemish on your record, you should still seek experienced representation. We can help get you a reduced sentence and keep a conviction from going on your criminal history.
Georgia Defenses to Inciting a Riot
There are always Georgia Criminal Defenses we can use to defend your case. Evidence that you were coerced in acting such a way would be helpful to your situation. In addition, proof that your conduct did not amount to urging, counseling, or advising others to riot would also be beneficial.
Lastly, the accused must have had the intent to incite a riot. Our Georgia Inciting a Riot Lawyers can help demonstrate that you did not have the intent to start a riot and that it was instead a misunderstanding.
Every situation is different and there is no defense that fits every situation. We investigate very detail of your case and then build your defense.
To schedule a free consultation with one of our inciting a riot lawyers in Georgia, contact our offices today. Formulating a defense on your own can be overwhelming and seemingly impossible. Our Attorneys are highly knowledgeable and will assist you in formulating the best possible defense for your case. We will walk you through every step of the process, and we are dedicated to being accessible to you- days, nights, weekends, and holidays while working hard on your behalf. Your Attorney will make sure you understand all of your options and advise you on the best approach to take for your case based on their many years of experience. Your future is at stake so don't sit around waiting for your case to resolve itself. Call now.