Hate Crime Charges

Violent crimes can carry stiff penalties. If the court thinks your crime was motivated by bias or prejudice, you could receive additional charges for committing a hate crime.

A hate crime is an aggravating factor under federal law and some state laws. Depending on where the offense occurs, if racism, homophobia, or transphobia motivated your criminal actions, prosecutors may try to increase your criminal sentence by adding a hate crime enhancement.

Hate crime charges can vary by state and some states don’t have additional hate crime penalty enhancements. If you are accused of committing a bias-motivated crime, talk to a local criminal defense lawyer for legal advice.

What Is a Hate Crime?

According to the U.S. Department of Justice, a hate crime is “a crime motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.”

Hate crimes often include violent crimes like assault and battery or murder. Some property crimes can be hate crimes, including vandalism. Hate crimes are different from other acts of violence and destruction because of the suspected motivation for the act.

State hate crime laws vary by state. Some states have expanded hate crime statutes to also cover violence motivated by the victim’s age or political affiliation. Other states reduce hate crime laws to exclude certain victims. Targeting victims for their sexual orientation or gender identity is a hate crime in some states but not in others.

In most jurisdictions, convictions will carry enhanced legal penalties. The judge can also upgrade some misdemeanors to felonies. Hate crime enhancements can also include additional time to minimum prison sentence guidelines.

How Common Are Hate Crimes?

According to federal hate crime statistics, there were more than 12,000 reported hate crimes in 2021. Known offenders can be people of any race, gender, or religion. Most hate crime offenses occur near homes or residences. The majority of hate crime incidents were based on race, ethnicity, or ancestry, including against Pacific Islanders and Asian-Americans, Arab-Americans, and African-Americans.

A victim of a hate crime can report hate crimes to the police department or local law enforcement agencies. Hate crime victims or witnesses can also report a hate crime online to the Federal Bureau of Investigation (FBI).

Hate Crimes Against Other Groups

Hate crimes don’t just include victims from certain protected groups. Hate crimes also include victims the perpetrator thought were from protected groups. For example, if someone vandalized a store because they thought it belonged to a Jewish owner but it was not, it can still be a hate crime even if the offender was wrong.

How Do You Prove Hate Crimes?

To prove a hate crime, the prosecution has to show:

• A crime took place; and
• The defendant was motivated by hatred toward the victim’s identity or protected class

For a hate crime conviction, the prosecution has to have enough evidence to convict you of the underlying criminal offense. For example, if you are charged with battery, the prosecution has to prove you committed battery. Then the prosecutor can show bias for a hate crime sentencing enhancement.

The prosecution will then typically present evidence to show bias. If you posted death threats online against members of a certain religion and the crime was committed against a person of that religion, the prosecutor could use your threats as evidence to show motivation.

The prosecutor can also use witness testimony. If you made racist statements against the victim who was of that race or ethnicity, a witness could testify about what they heard in a bias-crime trial.

How Can I Defend Against a Hate Crime Charge?

The first line of defense in a hate crime case is challenging the underlying criminal act. Just like any other criminal case, your attorney can challenge any evidence against you in court. Even if you made racist statements against someone but didn’t commit a crime, there is no criminal act.

Your attorney can also show that the crime was not based on bias. Not all violent acts against someone from a certain race, religion, or sexual orientation are hate crimes. Your defense lawyer can show that there were other reasons you acted as you did and it was not based on the alleged victim’s race or gender.

How Can an Attorney Help Fight Hate Crime Charges?

Hate crime cases are not like other criminal cases. An experienced criminal defense attorney can identify defense strategies to build a strong case. Your attorney can also negotiate with the prosecution to reduce charges and penalties. A criminal defense lawyer can also explain the criminal court process and help you navigate the criminal justice system.

Contact a criminal defense lawyer who understands hate crime cases and can explain your legal options.