Disobedience of Public Safety Orders in Riot Conditions in Colorado
Disobedience of public safety orders in riot conditions commonly arise in the context of protests. Police officers regularly retaliate against peaceful protesters by charging them with criminal offenses like disobedience of public safety orders in riot conditions for an individual’s decision to engage in political demonstrations. The attorneys at The Aurora Criminal Defense Law Firm are experienced protest rights attorneys in Colorado who defend people charged with disobedience of public safety orders in riot conditions.
Disobedience of public safety orders in riot conditions is defined in C.R.S. Section 18-9-105. The Colorado disobedience of public safety orders statute defines the offense as follows:
C.R.S. Section 18-9-105 Colorado’s Disobedience of Public Safety Orders in Riot Conditions Statute
A person commits a class 2 misdemeanor if, during a riot or when one is impending, the person knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the police, fire, military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless the news reporter or other person is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense.
Possible Penalties for Disobedience of Public Safety Orders in Riot Conditions in Colorado
Disobedience of public safety orders in riot conditions is a misdemeanor. Possible penalties for this offense include fines, restitution, probation, or jail. Additionally, a disobedience of public safety orders in riot conditions conviction can result in serious collateral consequences including employment consequences, child custody consequences, housing consequences, immigration consequences, and many other civil consequences that can flow from a criminal conviction.
The Aurora Criminal Defense Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with disobedience of public safety orders in riot conditions in Colorado will face.
Disobedience of Public Safety Orders in Riot Conditions
Disobedience of Public Safety Orders in Riot Conditions 18-9-105
Possible Penalties
Class 2 Misdemeanor
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
Disobedience of Public Safety Orders in Riot Conditions
(Click Links Below To See Penalties)
Disobedience of Public Safety Orders in Riot Conditions 18-9-105
Possible Penalties
Class 2 Misdemeanor
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
Defenses to Disobedience of Public Safety Orders in Riot Conditions in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the offense exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.
Inapplicability of the Dispersal Order
In a disobedience to public safety orders in riot conditions the accused may raise the affirmative defense of inapplicability of the order.
Law enforcement authorities are not permitted to disperse a gathering unless there exists an imminent risk of riot, disorder, traffic obstruction, or any other immediate threat to public safety. In the event that a dispersal order is issued, officers are obligated to provide a fair chance to comply, which includes ample time and a clear, unimpeded route for exit. Every individual is entitled to receive a comprehensive and explicit notice of a dispersal order. This notice must specify the time allotted for dispersal, the repercussions of non-compliance, and the designated clear exit route they can utilize. Only after providing such notice can individuals be subject to arrest or criminal charges.
First Amendment – Free Speech, Right to Assemble, and Protest Defense to Disobedience of Public Safety Orders in Riot Conditions
The First Amendment to the U.S. Constitution and Art. II. Section 7 of the Colorado Constitution protects an individual’s right to freedom of speech and the right to peaceably assemble. These rights are instrumental in allowing citizens to express their views and to protest without fear of government interference.
The right to peaceful protest is closely tied to the freedom of speech. This means that individuals have the right to express their views, even if they are controversial or unpopular, without fear of retaliation, censorship, or legal sanction. The right to assemble peaceably is also protected, allowing people to come together and collectively express, promote, pursue, and defend their ideas.
In the context of disobedience of public safety orders in riot conditions, the accused can raise a free speech, right to assemble and protest defense. This would involve arguing that the actions taken were a form of protected speech or assembly. This defense involves a complex fact specific inquiry the depends heavily on the details of the case, including the nature of the disruption, the intent of the individual, and the impact on the assembly. In certain circumstances, the First Amendment can be a powerful defense to disobedience of public safety orders in riot conditions charges.
Mistaken Identity
Mistaken identity is a general denial defense that attacks the element of who committed the alleged offense. As the prosecution is required not only to prove that the offense happened, but that the person charged committed the offense, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of a disobedience to public safety orders in riot conditions case, mistaken identify defenses usually arise when the accused is arrested and charged with disobedience to public safety orders in riot conditions after the alleged offense happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.
Alternate Suspect
The alternate suspect defense occasionally arises in disobedience to public safety orders in riot conditions cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the offense. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of the offense by raising the possibility that another person committed the offense rather than the accused. In Colorado disobedience to public safety orders in riot conditions trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”
If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in disobedience to public safety orders in riot conditions cases, certain circumstances will give rise to the availability of this defense.
Choice of Evils
Under Colorado’s choice of evils statute, C.R.S. 18-1-702 (1) conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
Statute of Limitations for Disobedience of Public Safety Orders in Riot Conditions in Colorado
In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for disobedience to public safety orders in riot conditions in Colorado is as follows:
- Disobedience to public safety orders in riot conditions charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Contact the experienced attorneys at The Aurora Criminal Defense Law Firm to Fight for You Today
If you’ve been charged with disobedience to public safety orders in riot conditions contact the attorneys at The Aurora Criminal Defense Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining The Aurora Criminal Defense Law Firm you can rest assured that:
- The attorneys at The Aurora Criminal Defense Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at The Aurora Criminal Defense Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
- The attorneys at The Aurora Criminal Defense Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at The Aurora Criminal Defense Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at The Aurora Criminal Defense Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at The Aurora Criminal Defense Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at The Aurora Criminal Defense Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At The Aurora Criminal Defense Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At The Aurora Criminal Defense Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.