Washington, DC asked in Criminal Law for District of Columbia

Q: Can the DC rioters, including the organizers be charged under DC law with the murder of the police officer and rioter?

Under D.C. law anyone acting together to commit a felony may be charged as principles or accessories, DC ST § 22-1805 and DC ST § 22-1806. Most charged admit that they were there to “stop the steal” which was to disrupt congress while in session. It is a felony to intimidate or impede a public official while he/she is performing their duties, DC ST § 22-851. Murder of a police officer carries a life sentence without the possibility of release, DC ST § 22-2106. Under D.C. case law it is not necessary to name the person who committed the murder of the police officer to charge the others, Price v. U.S., 813 A.2d 169 (D.C. 2002). That also includes anyone who may not have there at the time but participated by directing or advising others to commit the crime, DC ST § 22-1805.

Related Topics:
1 Lawyer Answer
Laurence L. Socci
Laurence L. Socci
  • Criminal Law Lawyer
  • Washington, DC

A: No, they cannot be charged with murder. For a murder charge, there must be a showing of intent to commit murder. There is no intent. They may be charged with manslaughter if it could be proved that they knew there was a likelihood someone could get killed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.