Can I Go to Jail for Being at a Political Protest?

 Posted on January 23, 2025 in Criminal Law

With a new president sworn in after a contentious election, not to mention various global developments that people feel passionately about, we can expect to see political protests in and near major cities across the country in the coming weeks and months. Additionally, DuPage County is home to several colleges and universities. Since these tend to be common locations of such protests, we can expect to see many in our own backyard, on either side of the political spectrum. 

Political protests are legal and included in the free speech protections established in the First Amendment of the U.S. Constitution. However, when protests get out of hand and become violent riots, protestors can find themselves facing criminal charges. If you intended to demonstrate as part of a peaceful protest but are facing charges because other people turned the event into a chaotic riot, contact an Illinois criminal defense lawyer to understand your rights and options.

What Does Illinois Law Say About Public Protest?

There is no law against protesting in public. In fact, the right to free speech is one that many Americans hold dear, and law enforcement officers are entrusted with protecting. However, when protests turn into riots, it complicates matters. If you wanted to go out and have your voice heard, but the nature of the protest changed into something more violent than you intended to be a part of, you could end up facing criminal charges. Some of the most common charges following a protest that turns into a riot include:

• Class A misdemeanor: This standard charge for simple battery or damage worth under $500 can carry a fine of up to $2,500 and a sentence of up to one year in county jail. The same charge for disorderly conduct can result in up to 30 days in county jail and a fine of up to $1,500.

• Class 4 felony: This is a standard charge for rioting, possession of a firearm or illegal weapon during a riot, or causing damage worth between $500 and $10,000, and can carry fines of up to $25,000 and a prison sentence of one to three years.

• Class 3 felony: This is typically a charge for aggravated rioting, which can happen if significant injury or property damage worth over $10,000 was caused during the riot or if a weapon was used or carried with intent to commit a crime. It carries fines of up to $25,000 and a prison sentence of two to five years.

Schedule a Free Consultation with a Wheaton, IL Criminal Defense Lawyer

If you got into legal trouble when all you wanted to do was exercise your right to free speech, a qualified DuPage County, IL criminal defense attorney can review the charges and explain your options. At Davi Law Group, LLC, we are dedicated to protecting our clients’ constitutional rights, so call us at 630-580-6373 and we can begin working on a strong defense to exonerate you.