Have You Been Charged with Unlawful Assembly in Georgia?
Crimes that concern public safety are vast and the punishments greatly vary. Whether you have been charged with a misdemeanor or a felony, our Georgia Interfering with Others and Authorities Lawyers can help. We have over 50 combined years of criminal defense experience and are prepared to assist you today. Call now for a free case evaluation.
Under Georgia law O.C.G.A. §16-11-33, a person commits the crime of unlawful assembly in Georgia can occur in two different ways:
- The assembly of two or more persons for the purpose of committing an unlawful act and the failure to withdraw from the assembly on being lawfully commanded to do so by a peace officer and before any member of the assembly has inflicted injury to the person or property of another; or
- The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or property of one supposed by the accused to have been guilty of a violation of the law, or for the purpose of exercising correctional or regulative powers over any person by violence.
The Penalty for Unlawful Assembly in Georgia
A person convicted of unlawful assembly in Georgia will be punished as a misdemeanor. Misdemeanors in Georgia carry the consequences of up to one year in jail or up to $1,000 in fines, or both.
Georgia Defenses to Unlawful Assembly
Withdrawal from the area: O.C.G.A. §16-11-33 outlines that a withdrawal from the assembly after being asked will be an affirmative defense to unlawful assembly. Therefore, if no one is injured and the accused withdrew from the assembly, then they could be acquitted of the charge.
We had authority to assemble: If the people assembling had authority to do so under the law, then that will be a great defense for your unlawful assembly attorney in Georgia to use.
No injury had occurred: For no crime to have committed, the statute requires that the accused withdraw from the assembly and that no injury occurred to a person or property. If an injury did occur, even if they withdrew, they could still be convicted of unlawful assembly.
Many people just plead guilty because they do not consider a misdemeanor charge to be a serious offense. However, our unlawful assembly lawyers in Georgia can help get the charge reduced or even dropped depending on your situation. Do not just plead guilty! Contact us now to see how we can assist with your case.