In Minnesota, any person charged with rioting is facing a  very serious criminal offense. The riot statute divides the offense into three different degrees: first-degree riot, second-degree riot, and third-degree riot.

First Degree Riot is the most serious but requires proof beyond a reasonable doubt that (1) the suspect is one of three or more persons assembled; (2) the assembly disturbed the public peace by an intentional act or threat of unlawful use of force or violence to person or property and death results; and (3) the suspect was one of the persons armed with a dangerous weapon.  This is a felony offense subject to imprisonment for not more than  20 years or to a payment of a fine of not more than $35,000.00, or both

Second Degree Riot is the next most serious offense and also requires proof beyond a reasonable doubt that (1) the suspect is one of three or more persons assembled; (2) the assembly disturbed the public peace by an intentional act or threat of unlawful use of force or violence to person or property; and (3) the suspect was a participant who either was armed with a dangerous weapon or knew that another participant was armed with a dangerous weapon. This offense is also a felony. The penalty on conviction is imprisonment for not more than five years or a payment of a fine of not more than $10,000.00, or both.

Third Degree Riot is the least serious offense and requires the prosecution to prove beyond a reasonable doubt that (1) the suspect is one of three or more persons assembled; and (2) the assembly disturbed the public peace by an intentional act or threat of unlawful force or violence to person or property. This is a gross misdemeanor offense. Each participant on conviction may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $1,000.00, or both.

The state is typically required to prove a riot charge based on circumstantial evidence. The state must prove that the act of rioting can be inferred from the evidence. If the evidence is consistent with any other rational hypothesis, the state can not prove the crime of riot beyond a reasonable doubt. For example, if a protester next to you fires a dangerous weapon or breaks a window during a peaceful protest, it is reasonable to assume that you did not know that he decided to fire the gun or break the store window. Proof by circumstantial evidence must form a “complete chain” to the exclusion of any other rational hypothesis. If there is another rational hypothesis, you cannot be convicted. Remember also, when you are charged with the crime of riot, or any crime, you are presumed under our laws to be innocent of the offense.

If you have been charged with riot, please call me for a free phone consultation at (612) 339-1024 to discuss your case.