Swept Up in a Crowd, Now Facing a Conviction? A Minnesota Riot Lawyer Explains What’s at Stake.
You were in the middle of a chaotic scene—maybe a protest that turned tense, a street celebration that got out of hand, or a large-scale disturbance you wanted no part of. In the confusion, you were arrested. Now you’re facing a criminal charge for “Riot,” and your future feels uncertain and terrifying. The prosecution wants to paint you as a violent participant, someone who intentionally contributed to the chaos. But that’s not your story. Perhaps you were simply in the wrong place at the wrong time, a bystander mistaken for a participant. Maybe you were exercising your First Amendment right to assemble peacefully before events spiraled beyond your control.
Being charged with Riot in Minnesota is incredibly serious. Depending on the circumstances, you could be facing anything from a gross misdemeanor to a felony that carries a 20-year prison sentence. Prosecutors across the state, from St. Paul to Duluth, are under immense pressure to secure convictions in these high-profile cases. They will use photos, videos, and witness testimony to build a case that labels you as a threat to public order. You cannot afford to be just another face in the crowd in the eyes of the court.
I understand the panic and helplessness you feel. I have defended individuals across Minnesota, in courtrooms from Hennepin County to Ramsey County and beyond, who have been swept up in these exact situations. My job is to separate you from the actions of the crowd, to protect your rights, and to fight back against the state’s narrative. You are an individual, and you deserve a defense that tells your side of the story. You don’t have to face this overwhelming pressure alone.
Caught in the Crowd: What “Riot” Actually Means in Minnesota
When you hear the word “riot,” you might picture widespread, violent destruction. Under Minnesota law, however, the definition is broader and can ensnare people who never personally committed an act of violence. Facing a Minnesota riot charge doesn’t necessarily mean you broke a window or hurt someone. The core of the offense is about being part of a group of three or more people who, acting together, disturb the public peace through intentional acts or threats of unlawful force or violence. It’s a group-based crime, and the prosecution’s goal is to prove you were an active and willing participant in that group’s unlawful purpose.
What makes a Minnesota riot accusation so dangerous is that your fate can be tied to the actions of others. The severity of the charge often depends on factors you may not have controlled or even been aware of, such as whether another person in the crowd was armed. The state doesn’t need to prove you orchestrated the event; they only need to prove you were a participant in a group that was disturbing the peace with unlawful force or threats. This is why it’s so easy for peaceful protestors, bystanders, or people simply present at a chaotic scene in Minneapolis or St. Cloud to be unfairly charged.
The Minnesota Law on Riot — Straight from the Statute
The legal battle you are about to face is defined by a specific law: Minnesota Statute § 609.71. The prosecutor will use the exact language of this statute to try and convict you. Understanding this language is the first step in building your defense.
The law creates three different levels of severity, known as degrees. Here is the exact text from the statute:
609.71 RIOT.
Subdivision 1. Riot first degree. When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property and a death results, and one of the persons is armed with a dangerous weapon, that person is guilty of riot first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.
Subd. 2. Riot second degree. When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant who is armed with a dangerous weapon or knows that any other participant is armed with a dangerous weapon is guilty of riot second degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Subd. 3. Riot third degree. When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot third degree and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $1,000, or both.
Breaking Down the State’s Case: The Legal Elements of a Riot Charge
To convict you of any degree of riot, the prosecutor has the burden of proving several key facts—the “elements” of the crime—beyond a reasonable doubt. My job as your defense attorney is to analyze each element and identify where the state’s case is weakest. If we can show that even one element has not been proven, the charge cannot stand. The entire case is built on this foundation, and our strategy is to knock out a critical pillar.
- Three or More Persons Assembled: The very first thing the state must prove is that you were part of a group of at least three people. This might seem simple, but in a fluid and chaotic situation, it can be difficult for the prosecution to definitively prove a cohesive group existed, as opposed to separate individuals in the same location. We can challenge the evidence that you were “assembled” with others for a common purpose.
- Disturbing the Public Peace: This element is subjective and open to interpretation. The prosecution must show that the group’s actions disrupted the tranquility and order of the community. What constitutes a disturbance in a busy downtown area of Minneapolis might be different from a quiet neighborhood in Plymouth. We can argue that the group’s conduct did not actually rise to the level of disturbing the public peace, or that you were not involved in the specific acts that did.
- Intentional Act or Threat of Unlawful Force: This is a crucial element. The state must prove the group acted with unlawful force or violence, or threatened to do so, and that this was intentional. Accidental or negligent acts don’t qualify. Furthermore, your participation must have been intentional. If you were merely present or your actions were misinterpreted, you did not intentionally participate in the threat of force. Self-defense may also be a valid reason for using force, making it lawful, not unlawful.
- Aggravating Factors (for 1st and 2nd Degree): To convict you of a felony-level riot, the prosecutor must prove an additional element. For Second-Degree Riot, they must prove you were armed with a dangerous weapon or knew someone else was. For First-Degree Riot, they must prove a death occurred and that you were armed with a dangerous weapon. Your knowledge and personal actions are central to defending against these life-altering felony charges.
From Gross Misdemeanor to Felony: The Steep Price of a Riot Conviction
A riot charge in Minnesota is not a minor infraction; it’s a serious crime with a tiered penalty system that can put you in jail or prison for a very long time. The consequences of a conviction go far beyond fines and incarceration, creating a permanent stain on your record that affects every aspect of your future. The Minnesota sentencing for riot depends entirely on the specific degree you are charged with, making it critical to fight the aggravating factors that elevate the charge.
Riot in the Third Degree (Gross Misdemeanor)
This is the base-level offense. If you are convicted of participating in a riot where no weapons were involved (or known to be involved) and no one died, you are guilty of a gross misdemeanor. The maximum penalty is up to 364 days in jail and/or a fine of up to $1,000.
Riot in the Second Degree (Felony)
The charge becomes a felony if you participate in a riot while armed with a dangerous weapon OR if you know another participant is armed. A conviction for Second-Degree Riot carries a maximum sentence of up to five years in prison and/or a fine of up to $10,000.
Riot in the First Degree (Felony)
This is the most severe charge. It applies to a participant who is armed with a dangerous weapon during a riot that results in someone’s death. A conviction for First-Degree Riot is a serious felony, with a maximum sentence of up to 20 years in prison and/or a fine of up to $35,000.
When a Gathering Turns Criminal: How Riot Charges Happen in Minnesota
Riot charges are born from chaos. They often begin as lawful, constitutionally protected events that are hijacked by the actions of a few or escalate due to a heavy-handed police response. You may have had no intention of breaking the law, but found yourself caught in a net cast by law enforcement trying to control a volatile situation. Understanding these common scenarios can help you see how your own circumstances fit into a pattern that I have seen and defended against time and time again.
These events are often a blur of conflicting accounts and unreliable evidence. My role is to cut through the confusion, challenge the police narrative, and present a clear picture of your individual actions—or lack thereof—to the court.
A Protest at the Capitol in St. Paul
You joined a demonstration at the State Capitol in St. Paul to make your voice heard on an important issue. The protest was peaceful for hours, but a small group began to clash with police. In the ensuing confusion, police deployed crowd-control measures and began making mass arrests. Even though you were not part of the agitators and were attempting to leave, you were arrested and charged with Riot. The prosecution now lumps you in with those who committed violence.
Post-Game Celebrations in Minneapolis
A major Minnesota sports team wins a championship, and ecstatic fans pour into the streets of downtown Minneapolis to celebrate. The atmosphere is joyous until some individuals begin climbing light poles and damaging property. The police move in to disperse the crowd, and you are arrested simply for being present in the area. You were a fan, not a rioter, but now you face a criminal charge based on the actions of others.
A Confrontation at a Duluth Bar
A dispute inside a crowded bar in Duluth spills out into the street. A large group gathers as the argument escalates into a physical fight involving several people. The police arrive and, unable to sort out who was involved, arrest multiple people who were part of the surrounding crowd. Though you were only a spectator, you are charged with Third-Degree Riot because you were part of the “assembly” that disturbed the peace.
A False Accusation During a Local Dispute in Rochester
Tensions in a Rochester neighborhood over a local issue lead to a heated community meeting that moves outside. Shouting and threats are exchanged. Later, someone reports property damage and names you as one of the people involved in the “riot,” perhaps due to a pre-existing grudge. You are now forced to defend yourself against a charge based on a neighbor’s word in a chaotic and emotional environment.
More Than Just “Being There”: How We Fight a Minnesota Riot Charge
Being arrested for riot does not make you a rioter. The state has the high burden of proving you were a willing and intentional participant in unlawful violence, and their case is often built on shaky ground. In the chaos of a crowd, misidentification is common, and the line between a bystander and a participant is easily blurred. My approach as your attorney is to aggressively challenge the prosecution’s evidence and narrative at every turn. A riot charge is defensible.
We will start by conducting our own investigation, not relying on the police version of events. This means finding and interviewing witnesses who can attest to your peaceful conduct, scouring video evidence from cell phones and surveillance cameras to find proof of your innocence, and filing legal motions to challenge the state’s case before it ever reaches a jury. There are numerous powerful defenses to riot charges in Minnesota, and we will build a strategy tailored to the specific facts of your case.
Defense: You Were Merely Present, Not a Participant
This is one of the most common and effective defenses. The Constitution protects your right to be present in a public place, even if others around you are breaking the law.
- No Intentional Act: We can argue that you took no action to further the unlawful goals of the group. You did not chant threats, throw objects, damage property, or encourage violence. You were a passive observer, not an active participant.
- Caught in the Crowd: You may have been trying to leave the area when the chaos erupted but were unable to. We can use video evidence or witness testimony to show you were moving away from the disturbance, not toward it, when you were arrested.
Defense: Lack of Knowledge or Intent
The state must prove your specific mental state. If you didn’t have the required criminal intent, you cannot be convicted.
- No Knowledge of a Weapon: For a felony Second-Degree Riot charge, the state must prove you knew someone was armed. In a large, chaotic crowd, it is often impossible to know what every other person is doing or carrying. We can argue you had no such knowledge.
- Actions Were Misinterpreted: Perhaps you were pushing through a crowd to get away or to help someone who had fallen. The police may have interpreted this as aggressive or participatory behavior. We can provide context to show your actions were innocent or even helpful.
Defense: Challenging the “Unlawful Force or Violence” Element
Not all force is unlawful. We can dissect the events and argue that the actions of the group, or your own actions, did not meet the legal definition required for a riot conviction.
- Self-Defense or Defense of Others: If you used force, it may have been to protect yourself or another person from being harmed in the chaos. The use of reasonable force in self-defense is a lawful act, not the basis for a riot charge.
- No Threat or Violence Occurred: In some cases, a loud and disruptive group may be charged with riot even if no actual violence or property damage occurred. We can argue that the group’s conduct, while perhaps disorderly, did not involve the “unlawful force or violence” required by the riot statute.
Defense: Misidentification and Unreliable Evidence
In a chaotic riot scene, police and witness identification are notoriously unreliable. The state’s evidence may simply be wrong.
- You Were Misidentified: The police may have arrested you based on a vague description or because you were wearing similar clothing to someone who was committing a crime. We will challenge any eyewitness testimony and point out inconsistencies.
- Flawed Video Evidence: The prosecution may have video that they claim shows you participating. We will analyze that video frame-by-frame. Often, such footage is grainy, taken from a bad angle, or fails to show the full context of your actions.
Minnesota Riot FAQs — What You Need to Know Now
When facing a charge as confusing and serious as riot, you have questions. Here are clear, direct answers to some of the most pressing concerns I hear from my clients.
Will I go to jail for a riot charge in Minnesota?
It is a serious risk. Even Third-Degree Riot is a gross misdemeanor carrying up to 364 days in jail. The felony versions carry mandatory prison sentences of up to 5 or 20 years. The best way to avoid jail is to mount an aggressive defense aimed at getting the charges dismissed or reduced.
Can a riot charge be dismissed?
Yes. Dismissal is always my primary goal. We can achieve this by showing the prosecutor that their evidence is too weak to prove their case, by getting crucial evidence thrown out for constitutional violations, or by demonstrating that you were clearly a bystander and not a participant.
Do I need a lawyer for a riot charge in St. Paul or anywhere else?
Absolutely. This is not a charge to face alone. A riot conviction, especially a felony, can ruin your life. You need a dedicated criminal defense attorney who can navigate the complexities of these cases, protect you from the immense pressure of the prosecution, and fight for your rights.
What is the difference between riot and unlawful assembly?
Unlawful assembly is a lesser charge that involves a group assembling with an unlawful purpose or acting in a disorderly way that disturbs the peace. Riot is more serious because it requires an intentional act or threat of unlawful force or violence. Riot goes beyond mere disorderly conduct and into active or threatened violence.
Can I be convicted of riot if I didn’t break anything or hurt anyone?
Yes. You can be convicted if the prosecution proves you were an active participant in a group that, as a whole, used or threatened unlawful force. Your personal liability is tied to the group’s actions if you are deemed a participant.
How long does a riot conviction stay on my record in Minnesota?
A conviction for a gross misdemeanor or felony will stay on your public criminal record permanently unless you can get it expunged. Expungement is a long and difficult legal process and is not guaranteed, especially for a felony. Avoiding the conviction is the best strategy.
What counts as a “dangerous weapon” for a felony riot charge?
A dangerous weapon can be a firearm (loaded or unloaded), a knife, a baseball bat, a large rock, or any object that, in the manner it is used or intended to be used, is likely to cause great bodily harm or death.
What if I was just there as a journalist or a legal observer?
This can be a strong defense. We would gather evidence of your role, such as press credentials, published work, or testimony from the organization you were observing for, to prove that your purpose for being there was lawful and non-participatory.
Is my right to protest a defense?
The First Amendment protects your right to peacefully assemble and protest. It does not, however, protect acts or threats of unlawful violence. A key part of your defense will be to show that your actions fell squarely within your constitutional rights and that you were not a part of any unlawful activity.
How can they prove I knew someone else had a weapon?
This is a difficult element for the prosecution. They would need evidence—your own statements, clear video, or credible witness testimony—that you were aware of the weapon. Without that direct proof, it is very hard to convict you of Second-Degree Riot on that basis.
What if I was given a dispersal order by police and didn’t leave?
Failure to disperse can be a separate charge. In a riot case, the prosecution might use it as evidence of your intent to participate. However, in a chaotic scene, dispersal orders are often unheard or confusing. We can argue you did not hear the order or were unable to comply safely.
Will this charge impact my immigration status?
Yes, critically. A conviction for riot, especially a felony, would likely be considered a “crime involving moral turpitude” or an “aggravated felony” under immigration law. This can lead to deportation, prevent you from obtaining a green card, and bar you from ever becoming a U.S. citizen.
Can my charges be reduced?
Negotiating for a reduction to a less serious offense, like disorderly conduct or unlawful assembly, is a common strategy. This can help you avoid a felony conviction or a gross misdemeanor, protecting your record and your future. This is often the result of a strong pre-trial defense.
What is the very first thing I should do?
Exercise your right to remain silent. Do not post about the incident on social media. Do not talk to the police or investigators. Your only call should be to a criminal defense attorney. The sooner I am involved, the more I can do to protect you.
Can I get in trouble for just being in a photo of the crowd?
Being in a photo proves you were present, but it does not prove you were an active participant in a riot. It does not prove your intent. The prosecution needs much more than a single photo to convict you, and my job is to show the full context that the photo leaves out.
What a Riot Conviction Could Mean for the Rest of Your Life
The judge’s sentence is only the start of your punishment. A conviction for riot, particularly a felony, carries a lifetime of collateral consequences that will fundamentally alter your future. These are the hidden penalties that follow you long after any jail time or probation has ended, closing doors to opportunities you once took for granted. You are fighting for much more than just your freedom—you are fighting for your future.
A Permanent Criminal Record
A conviction for riot will be a permanent red flag on every background check for employment, housing, and even volunteer positions. Employers, especially for jobs requiring trust or public interaction, will likely disqualify you immediately. Landlords may see you as a risk, making it incredibly difficult to find safe and affordable housing for you and your family. This single conviction can severely limit your ability to provide for yourself.
Loss of Your Second Amendment Rights
If you are convicted of a felony-level riot (First or Second Degree), you will be permanently barred from owning or possessing a firearm in Minnesota. This is a lifetime ban. For those who hunt, engage in sport shooting, or simply believe in their right to self-defense, this is a significant and irreversible loss of a constitutional right.
The End of Educational and Professional Opportunities
Many educational programs, especially at the graduate level or in fields like medicine and law, will not accept applicants with a felony conviction. Furthermore, a riot conviction can lead to the suspension or outright revocation of any professional licenses you currently hold, such as for nursing, teaching, or commercial driving. Your career path could be stopped in its tracks.
Immigration Consequences for Non-Citizens
For anyone who is not a U.S. citizen, a riot conviction is a legal catastrophe. It is a deportable offense and will make you ineligible for a green card, asylum, or naturalization. Even a gross misdemeanor conviction could be seen as a crime of moral turpitude, triggering devastating immigration proceedings and potentially separating you from your family and the life you have built in this country.
Why You Need a Tough, Experienced Minnesota Riot Attorney
When you are accused of a crime as chaotic and politically charged as riot, you cannot afford to be just another case number. The state has immense resources and is motivated to make examples out of people. You need a powerful advocate in your corner—a private criminal defense attorney who will give your case the focused, aggressive, and personalized attention it requires to fight back effectively.
The Advantage of Immediate Action
The time between your arrest and your first court appearance is the most critical period for your defense. When you hire me immediately, I can get to work before the evidence trail goes cold and before the prosecution’s narrative hardens. I can advise you against making statements, begin preserving crucial video evidence from phones and security cameras that might otherwise be deleted, and identify witnesses who can clear your name. In some cases, this rapid intervention can convince a prosecutor to drop the charges before they are even formally filed. Your future may depend on the actions taken in these first few days.
I Know the Minnesota Court System
From the Hennepin County Government Center in Minneapolis to the courthouses in Rochester, St. Cloud, and across the state, I have stood up for my clients and fought these battles. I know the local court procedures, the personalities of the prosecutors, and the expectations of the judges. This insider’s perspective is a tactical advantage. It allows me to craft legal arguments that are persuasive to the specific judge hearing your case and to negotiate with prosecutors from a position of strength and experience, not from a textbook.
Building a Defense Designed to Win
My philosophy is to prepare every case for trial from the moment you hire me. This means we are not just reacting to the prosecution; we are building our own proactive case for your innocence. I will meticulously deconstruct the state’s evidence, file motions to suppress anything obtained illegally, and expose the weaknesses in the police investigation. This aggressive trial-ready posture often forces the prosecution’s hand, leading to better plea offers, reduced charges, or outright dismissals because they know we are ready and willing to take them on in the courtroom and win.
Fighting for Your Future, Not Just Your Case
I understand that this is more than just a legal problem for you; it’s a crisis that affects your family, your career, and your entire future. My commitment is to you as an individual. I will always give you a straightforward and honest assessment of your situation and your options. Whether the best path forward is a strategic negotiation to get the charge reduced to a minor offense or an all-out fight for a “not guilty” verdict at trial, my goal is the same: to achieve the best possible outcome that protects your record and allows you to move on with your life. Your fight is my fight.