- Intent doesn’t matter:If you’re still there, you can be charged—peaceful or not.
Prosecutors Have a New Favorite Weapon: Video Evidence
Gone are the days of “he said, she said.” Bodycams, drones, livestreams, and social media are providing prosecutors with the receipts.
If you:
- Act as a lookout,
- Hand a tool to a looter,
- Block police from reaching rioters,
- Encourage or help coordinate criminal activity,
…then congratulations, you’re on the hook—not as a bystander, but as a participant.
“You might think blending into a crowd shields you, but video evidence can blow apart the ‘peaceful protester’ defense in seconds,” says legal analyst Andrea Vargas.
Red Flags: The Company You Keep
Did you knowingly join a protest organized by groups infamous for violence? Did you see social media chatter about “hitting the streets” and “making a statement” in not-so-peaceful ways? Prosecutors are now arguing that joining or staying with a group you know is likely to turn violent is itself evidence of intent or reckless disregard.
“Ignorance isn’t a defense if you had every reason to know what would happen,” warns civil rights attorney Mark Jeffries. “It’s on you to leave before things cross the line.”
