Innocent until proven guilty.
First off, the majority of them were found guilty in court - https://web.archive.org/web/20240108135705/https://www.justi...
Also, for the rest of them that accepted a pardon, that also necessities an admission of guilt - https://supreme.justia.com/cases/federal/us/236/79/#89-90
So yes, they were guilty of insurrection even if they escaped punishment.
According to the bipartisan House select committee that investigated the incident, the attack was the culmination of a plan by Trump to overturn the election.
Within 36 hours, five people died: including a police officer who died of a stroke a day after being assaulted by rioters and collapsing at the Capitol.
Many people were injured, including 174 police officers. Four officers who responded to the attack died by suicide within seven months. Damage caused by attackers exceeded $2.7 million. It is the only attempted coup d'état directed towards the Federal government in the history of the United States.
https://en.wikipedia.org/wiki/January_6_United_States_Capito...
Legally, yes. But everything was well-documented and publicized. As sentient creatures we can use our own eyes, ears, and judgement to come to our own conclusions in advance or lieu of a formal court ruling.