Last Updated on July 2, 2025
In the Old West, mob justice was a big problem, which is why California enacted an anti-lynching law in 1933 in order to stop mobs from seizing and harming a suspected criminal in police custody. But as time went on, “lynching” came to be associated with the illegal murder of innocent black people, largely in the Deep South, which is why California’s “lynching law” had the word “lynching” removed from the statute in 2014. That being said, the law, officially known as California Penal Code section 405(a) (PC), remains on the books even without the controversial “lynching” language.
Taking a Person from Custody by a Riot
Long ago, it was fairly common for mobs to seize criminal suspects from the local jail and hang, stone, beat, shoot or otherwise “punish” someone who had been accused of a crime, but never had a chance to defend himself in court. Interestingly, while historical attempts to take someone from police custody were almost never beneficial for the person being taken from police custody, that’s not the case in modern times.
Even if the attempt to free the person in police custody fails or if an attempt to riot falls flat, those responsible can still be charged with attempting to take a prisoner from custody. In fact, under 405(a) (PC), a person can even be arrested and charged if they intentionally tried to get the public to help set them free.
The Riot Makes All the Difference
405(a) (PC) is notably similar to the crime of “rescuing a prisoner,” filed as California Penal Code section 4550 (PC). This offense also involves freeing someone from prison, jail or police custody, but the main difference between the two California laws is that 405(a) (PC) requires a riot to occur.
Because a riot is considered much more dangerous to the public than a standard prisoner rescue, the crime is more serious and carries a maximum sentence of up to four years in state prison. On the other hand, the penalty for rescuing a prisoner depends on whether or not the prisoner in question was in custody for a capital-level offense. While always charged as a felony, if the offense is punishable by death, then those attempted in helping the prisoner escape can be sentenced to anywhere from 2 and 4 years, whereas in other cases, the sentence will be between 16 months and 3 years in prison.
Fighting Charges of 405(a) (PC) in Vista
There are many ways to fight accusations related to taking a person for custody during a riot, but it is critical you speak with an attorney as soon as possible in order to protect your rights and avoid saying something that may harm your defense. Remember to never speak with a police officer without your lawyer present, even if you have not yet been placed under arrest.
One of the most common defenses to these charges is simply arguing that you were in the wrong place at the wrong time and were merely swept up in a riot and were acting in a lawful manner though police believed you were part of the mob when you were placed under arrest. You could also argue that you were part of a mob protesting in what you believed to be a legal manner, and you were not trying to help release a prisoner, which means you could face much less serious charges. Conversely, the definition of a “riot” can be a bit subjective so if you were undoubtedly trying to free a prisoner, your attorney may try to argue that you were only guilty of 4550 (PC) -this could also be a successful plea bargain effort that would result in you getting a reduced sentence compared to 450(a) (PC). Finally, the prisoner has to be lawfully arrested so another defense to this crime is to argue that the accused was trying to free someone who was unlawfully arrested.
A Real Life Example in Murrieta
It is a rare occurrence for individuals to attempt to start a riot to take someone from police custody. However, in modern times, these charges are most often used against protesters. In 2014, Murrieta police arrested five protesters who blocked U.S. Border Patrol buses carrying detained Central American women and children from entering the city. Officials charged the protesters with 405(a) (PC), which was called “lynching” at the time. When interviewed by a local paper about the case, attorney Peter Liss said the charges were “unheard of.”
In the end, two protesters had the charges dropped against them and sued the city, and one pleaded guilty to a reduced charge of resisting or obstruction. The fate of the other protesters was not made public.
If you have been accused of rioting in order to take a person from legal custody or rescuing a prisoner, please contact lawyer Peter Liss. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
