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Typically, when an individual hears the word “lynching,” they think of the terrible atrocities that happened in the South associated with the Ku Klux Klan. However, there is another dimension to lynching that is now relevant to California state law. The statute from California’s Penal Code 405a and 405b are where the laws concerning lynching are derived. In order to understand these statutes properly, it is important to differentiate them from the historical definition of lynching. Lynching transpires when a person is separate from police custody through the effort of a riot by others. These riots can both transpire inside and outside prison.
Where the California statute for lynching branches off is when it deals specifically with the individual who escaped police custody and the individuals who helped them to do so by rioting in the first place. For example, Penal Code 405a specifically deals with those who are taken from the lawful custody of a police officer by the practice of lynching. Section 405b of the Penal Code refers to those who are responsible for the riot and how they are able to face punishment sentences of up to four years in total. Another important nuance to California lynching law to consider is that the person who escapes as a result of lynching can also be charged with having responsibility for the riots if it can be determined that they actively encouraged the mob of rioters that distracted law enforcement to give them a chance to escape lawful police custody. Furthermore, it is important to understand that if there is an attempt at lynching that fails, the failed escapee and rioters involved can still be charged with attempted lynching.
If you are facing charges related to lynching that you were not responsible for or are facing charges for being a participant in a riot that led to lynching of an individual who was in lawful police custody, then it is highly recommended that you retain an attorney to help you throughout the process of your case. The reason for this is that there are many nuances to the evidence required to convict you that an attorney is better equip to explain to you in a simplified manner. Additionally, an attorney is going to have a better knowledge of the potential legal theories that you could use to fight the charges against you.
Our law firm specializes in cases related to lynching in the greater Los Angeles area. If you would like to learn more about how our firm can potentially assist you with your upcoming case in relation to lynching, then it is highly recommended that you schedule a consultation appointment with us in order to discuss the relevant facts of your case. At that point, our associate attorney will decide whether your case has merit and whether it is the right fit for our firm at the present moment. Thus, do not hesitate to contact us today to schedule your appointment so that we can assist you to get through the entire legal process with the results that you were seeking. It would be our pleasure to assist you.