This is why people should know what they're
legally getting into when one of their friends or associates suggests that it's a good idea to descend on the seat of American government while Congress has convened to certify national election results.
You most certainly CAN be arrested for what others do or have done if you are a part of a mob, such as the mob that broke into areas of the U.S. Capitol that were locked and or barricaded in some other manner.
Assault or Battery by Mob §18.2-42
When a group of people gathers together in protest, tensions can rise. If an act of violence occurs during the gathering, any of the individuals gathered together may be charged with assault or battery by mob. In certain instances, this means an innocent person could be criminally charged for violence committed by someone else.
[snipped]
Assault and Battery by Mob Charges
Under
Virginia Code § 18.2-42, “any and every person composing a mob which shall commit a simple assault or battery shall be guilty of a Class 1 misdemeanor.”
A “mob” is defined as any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence without authority of law.
Virginia Code § 18.2-38.
Groups of people may not initially get together with the clear intent to assault someone. However, when a group of people gathered together intend to use force or violence against a person, the group may be considered a “mob” according to Virginia law.
It is also important to understand that “assault” or “battery” does not need to cause injury. Any willful and unlawful touching can be considered battery, even spitting on another person may be battery.
Continued here:
Assault and battery by mob in Virginia, criminal charges, penalties, and defenses explained by Charlottesville criminal defense lawyer Thomas M. Wilson.
www.tmwilsonlaw.com