I'm not sure if Cecily McMillan when on the offensive with her flase charges. But it sounds like her legal actions did not involve going on the offensive. Based on what I have read it looks as if they are playing a defensive game of trying to get her charges reduced. Any time you do that you are communicating to people that you are guilty as charged. It is especially important that you flatly refuse any plea deals or attempt to focus on getting your sentance reduce because they had not right to charge you in the first place. Fore more information about her situation please visit the links below.
The Occupy Wallstreet movment and anyone who has a grevance that request for remedy has a right to occupy any place on the land and make themselves heard. This is our land we have been tasked with protecting it and we are the only ones who have rights to the land. If anyone should try to take that away, its up to all of us to fight against it.
If you find yourself charged with a crime as an attack against you for exercising your rights as a human being my understanding would be that the best course of action is to go on the offensive immediately.
Press charges against the organization or individual ASAP. You need to immediately counter their offensive by getting the system to recognize you as the victim, not the perpetrator, if you don't dot that you are fighting a loosing battle against an already well established offense strategy. You have to remember that the charges against you don't matter if they were used to falsely accuse you of wrong doing while you were in the buisness of exersizing your rights. That needs to be make crystal clear to everyone involved from the outset, and though the entire proccedings.
After the charges are filed you submit a sworn affidavit to the court and to the justice along with a copy of the charges you made against them who will be hearing the case. That way if they try to deny hearing your testimony, or further evidence against you, then will be doing so knowing that the public will be aware of that injustice and right will be on your side.