Lynching Penal Code 405
Lynching is not the beating and hanging of people from trees as we usually think of. In today’s modern terms California Law defines the term lynching as a keeping a person out of custody by the means of a riot. Everyone involved in keeping the person away from law enforcement is punished for the crime, this can include the original person that was supposed to be arrested. The original person who was supposed to be arrested can be charged for lynching if he encouraged it. Even if a lynching failed, a person can still be charged with attempted lynching. Example if a woman tried to hold her boyfriend and refused to let a cop take him and she called over a group of guys to help her. The police may successfully detain the boyfriend the women and the guys would be charged with attempted lynching. This would not have been the case if the woman would have just done it by herself.This turned from a case of resisting arrest to a lynch.
Lynching and Rioting
Rioting is a different crime is terms of how its carried out. Being involved in a riot or starting a riot comes with a max of a one year sentence to jail. Lynching is using the riot to prevent law enforcement to reach a criminal they’re trying to arrest. Lynching comes with up to a four year sentence to prison.
Lynching in relation to Rescuing
rescuing a prisoner is a felony if the crime the prisoner committed has a capital punishment. This can be done by any means, other than a riot. If a riot gets involved in this, then the crime immediately becomes a lynching case. This is because officers agree that a riot is a greater danger than a few trained rescuers.
Taking part in lynching can be a tough spot to be in. Discuss your case with an attorney to see where you stand.