Inciting to Riot in Georgia: Common Defense Options

Under Georgia law, inciting to riot is a serious offense that can result in significant penalties. The statute, O.C.G.A. § 16-11-31, defines the crime as follows:

“A person commits the offense of inciting to riot when, with intent to riot, they engage in conduct that urges, counsels, or advises others to riot, at a time and place and under circumstances that produce a clear and present danger of a riot.”

A conviction on this misdemeanor charge carries an inciting a riot punishment of up to one year in jail and a $1,000 fine. Repayment of property damage costs also may be ordered.

If you’re facing charges for inciting to riot in Georgia, it’s crucial to understand the legal implications and potential consequences. As a criminal defense attorney with over 500 AVVO 5-star reviews, Larry Kohn has extensive experience defending clients against these serious charges in Atlanta and throughout Georgia.

It’s important to note that the prosecution must prove beyond a reasonable doubt that the accused:

1. Had the intent to riot
2. Engaged in conduct urging others to riot
3. Did so under circumstances creating a clear and present danger of a riot

It’s crucial to understand that even if no actual riot occurs, you can still be charged with inciting to riot if your actions meet the criteria outlined in the law.

Defending Against Inciting to Riot Charges

As an experienced criminal defense attorney, Larry Kohn approaches each case with a strategic and personalized defense plan. Some potential defense strategies may include:

• Lack of intent: Demonstrating that you did not have the intention to incite a riot or act of violence.
• First Amendment protection: Arguing that your actions were protected free speech.
• Insufficient evidence: Challenging the prosecution’s evidence that your actions created a clear and present danger of a riot.

Common Questions About Inciting to Riot Charges

Is inciting a riot a felony in Georgia?

No, inciting to riot is classified as a misdemeanor in Georgia.

What’s the difference between inciting a riot and unlawful assembly?

While inciting to riot involves urging others to engage in riotous behavior, unlawful assembly occurs when two or more people gather for an unlawful purpose or fail to disperse when lawfully ordered to do so by a peace officer.

Can I be charged with inciting a riot if no actual riot occurred?

Yes, you can be charged if your actions meet the criteria outlined in the law, even if no riot actually took place.

With his extensive experience and proven track record, Larry Kohn is well-equipped to handle your inciting to riot case. His approach combines:

• In-depth knowledge of Georgia’s criminal laws
• Strategic defense planning tailored to your specific case
• A commitment to protecting your rights and freedom

What’s the Difference Between This Charge and Affray in Georgia?

There are several notable differences between inciting to riot and affray in Georgia. Inciting to riot has these essential elements:

1. Engaging in conduct which urges, counsels, or advises others to riot.
2. Can involve one person urging others to riot.
3. At a time and place and under circumstances which produce a clear and present danger of a riot.
4. Can occur anywhere, in public or private.
5. Involves encouraging or advising others to engage in riotous behavior.
6. Inciting to riot requires a specific intent to cause a riot.
7. Inciting to riot must produce a clear and present danger of a riot.

An Affray requires these facts:

1. An affray must take place in a public setting; for example fighting inside a private home is not considered affray.
2. Affray requires at least two people actively fighting.
3. Affray requires an intent to fight, but not necessarily to cause a broades misdemear disturbance.
4. Affray must disturb public tranquility, causing fear or alarm to ordinary people present.

Both inciting to riot and affray are generally charged anors in Georgia, punishable by up to one year in jail and/or a fine of up to $1,000.

These distinctions highlight the specific circumstances and intentions that differentiate inciting to riot from affray in Georgia law.

Don’t let an inciting to riot charge jeopardize your future. Contact Larry Kohn today at (404) 567-5515 for a free consultation and take the first step towards building a strong defense.