Top Elberta, AL Hate Crime Lawyers Near You
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211 North Water Street, Suite 10290, Mobile, AL 36695
11 North Water Street, RSA Tower, Suite 22200, Mobile, AL 36602
14347 Oak Street, Magnolia Springs, AL 36555
301 St. Louis St, Mobile, AL 36602
205 Church Street, PO Box 43, Mobile, AL 36601-0043
207 Church Street, PO Box 2705, Mobile, AL 36652-2705
1706 Dauphin Street, Mobile, AL 36604
104 Saint Francis Street, Suite 300, Mobile, AL 36602
6251 Monroe Street, Suite 200, Daphne, AL 36526
509 Church Street, Mobile, AL 36602
8975 Pompano Way, Gulf Shores, AL 36542
201 E. 2nd St., PO Box 400, Bay Minette, AL 36507-0400
501 Church St., Mobile, AL 36601
307 S. McKenzie St., PO Box 1965, Foley, AL 36536
10015 Turtle Creek Lane S, Mobile, AL 36695
61 Saint Joseph St, Suite 210, Mobile, AL 36602
1 St. Louis Street, Suite 1000, Mobile, AL 36602
163 St. Emmanuel St South, Mobile, AL 36602
11 North Water Street, Suite 24290, Mobile, AL 36602
1111 Dauphin St, Mobile, AL 36604
1111 Dauphin St, Mobile, AL 36604
118 N Royal St, Suite 404, Mobile, AL 36602
109 N.W. 1st St., PO Box 10, Summerdale, AL 36580
208 Adams St., Mobile, AL 36633
561 Fairhope Ave, Suite 202-E, Fairhope, AL 36532
Elberta Hate Crime Information
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What Is a Hate Crime?
A hate crime, or bias crime, is typically referenced as an offense that involves targeted persecution (often physical, but also emotional or psychological) of an individual for their (perceived or real) membership in a particular religious, racial, ethnic, gender or LGBTQ group. Some states, also protect political affiliation under state-level hate crime or bias crime statutes.
An individual committing assault against a victim due to the victim being an observant Muslim, a religion for which the offender has demonstrated deep-seated animosity, would qualify as a hate crime for example.
Types of Hate Crimes
A hate crime is an unlawful act motivated by bias based on race, religion, ethnicity, sexual orientation, gender, gender identity or disability. A “hate” offense is not in and of itself a crime, but the charge enhances the possible penalties. Once the prosecutor has proved that a defendant committed a crime and the offense was motivated by hate toward a specific group or characteristic, the severity of the punishment increases.
What States Don’t Have Hate Crime Laws?
While hate crimes are federally mandated laws, three states — namely Wyoming, South Carolina and Arkansas — do not carry state-level hate crime or bias crime statutes.
Is a Hate Crime a Felony?
At the federal level, hate crimes are generally classified as felonies given that there is a requisite harming, or serious attempt to do harm, to a victim. The punishment for a hate crime depends on the severity of the offense. If the assault results in the death of the victim, an attempt to kill the victim, aggravated sexual abuse of the victim or kidnapping — the maximum penalty can include life imprisonment. Otherwise, the maximum penalty is no more than 10 years in jail.
State level laws vary in the handling of hate crimes or bias crimes, with most jurisdictions allowing both misdemeanor and felony charges related to hate crimes. In some states, all hate crimes are considered to be felonies, while in others, hate crimes can either be classified as misdemeanors or as felony offenses.
The penalty for misdemeanor hate crime-related charges typically reaches a maximum of one year in county jail in addition to restitution or monetary fines, while those convicted of felony hate crime-related charges could face up to 10, 15 or even 20 years imprisonment, depending on the particulars of their offense.
How Is a Hate Crime Different From Other Crimes?
A hate crime differs from other categories of crime in two particularly ways.
First, the majority of other crimes focus their requisites in the realm of individual rights, responsibilities and the relationship between the offender and the victim outside of most sociopolitical framing. Hate crimes, rely almost entirely on the necessity for the offender to have an ideological reason (based on a deeply rooted bias or hate for one or more of the victim’s identity or biological groups) to motivate their criminal actions.
Second, hate crime-related charges are typically sought as penalty enhancements rather than as stand-alone charges. It is rare to see hate crime charges alone, rather than with other offenses such as assault, attempted murder or murder, sexual abuse and battery. Hate crime-related charges allow prosecutors, in most jurisdictions, to seek escalated penalties for the alleged perpetrator in response to the severity and maliciousness of their offense(s).
Have You Been Charged With a Hate Crime?
If you are convicted of a hate crime, your punishment can be increased and you could face serious time in prison. Call a Chicago attorney skilled in the defense of hate crimes to ensure you receive the best representation and avoid being sentenced to an enhanced penalty.
What to Do if Facing Federal Hate Crime Charges
If you are facing federal hate crime charges, it is strongly advised that you seek the services of an experienced criminal defense attorney at your earliest convenience.
Not only can retaining skilled and attentive legal counsel increase your odds of avoiding a conviction for hate crime-related charges, but also, in the event that taking your case to trial may prove disadvantageous, your lawyer will be best equipped to negotiate any potential plea deal on your behalf.
A conviction on charges related to hate or bias crimes is a serious matter, leaving you with a criminal record. For these reasons, among others, it is vitally important to retain adequate legal counsel.