A hate crime is a criminal act committed against someone due to their religion, race, gender, sexual orientation, ethnicity or disability. It can be anything from a threat, stalking or vandalism all the way to assault and murder. Crimes motivated by bigotry are taken very seriously by law enforcement and are punished more severely than similar crimes that are not motivated by bias. A misdemeanor can quickly turn into a felony if an element of bias is involved. If you are facing a charge for a hate crime, we can help. Contact the Law Offices of William Kroger and speak with one of our attorneys at 323-655-5700.
Under California Penal Code 422.55 PC a hate crime is defined as a criminal act motivated by the victim’s
A hate crime can be a stand-alone crime (California Penal Code Section 422.6 PC) or an enhancement that increases the penalties for other crimes (California Penal Code Section 422.7 PC and 422.75 PC).
You can be charged with committing a hate crime even if the victim didn’t in fact have any of these characteristics, as long as the time of the crime you believed that they did. For example, you see two men stand close to each other at a store and you assume they are gay. You proceed to get into a physical altercation with them while calling them anti-gay slurs. If it turns out that the two men are not actually gay but just friends, you can still be charged with a hate crime because you perceived them to be gay and that’s what prompted the assault.
Prosecutors will often look to support their claim by showing evidence that the defendant participated in previous activities that prove his/her bias. For example, if they have been arrested for defacing a synagogue with anti-Semitic slurs, or if they possess Nazi books or symbols.
But it’s important to keep in mind that not every crime that involves a racial minority or, for example a Muslim person is a hate crime. It must be proven beyond a reasonable doubt that the crime took place because of the victim’s race, sexual orientation or any of the other categories listed under Penal Code 422.55 PC.
Hate crimes can be charged on a state or federal level. These type of crimes receive harsher penalties. Crimes that might usually be charged as misdemeanors, can be charged as felonies if they are under the umbrella of hate crimes. The penalties you face for a hate crime depend on a variety of factors.
A misdemeanor conviction for a hate crime can cost you up to one year in county jail, and up to $5,000 in fines.
A felony conviction can result in up to three years in prison, and up to $10,000 in fines.
It’s not easy for a prosecutor to prove a hate crime, because crimes occur for a variety of reasons. And there are numerous defenses to the charge of a hate crime. One example is lack of bias.
A common defense to hate crimes is to show that the crime was not actually motivated by the person’s race, sexual orientation, gender or otherwise. Being involved in a criminal situation where the victim is of a different race doesn’t automatically make it a hate crime. Oftentimes there is a public outcry to add on the hate crime component to cases involving victims of certain social groups. But if your crime was not motivated by bias, then it doesn’t warrant the hate crime enhancement.
Another important factor is that speech alone is not a crime and the right to free speech is fiercely protected under the First Amendment. In order for your speech to add up to a hate crime it has to contain a threat of violence and you have to be able to carry it out.
An experienced criminal attorney can help you with your charge. Perhaps we can even prove that you didn’t commit a crime in the first place. Or we can work on reducing the charges. Whatever the case, you’ll be better of with legal representation.
America is a melting pot of cultures, and any attack on a protected class is taken very seriously. Hate crimes arouse a lot of public emotion, and therefore are prosecuted harshly by the authorities. A hate crime case may attract a great deal of media attention, and make it more difficult for you to receive a fair trial. An accusation of a hate crime can cost you your job, as well as future career opportunities, your freedom and a steep monetary fine.
The consequences of being convicted of a hate crime are too great to not hire an experienced lawyer. If you or someone you love have been charged with any type of hate crime, contact the Law Offices of William Kroger for a free consultation at 323-655-5700 right away.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sed augue mauris. Integer placerat et massa in pharetra. Cras diam mi, tincidunt nec erat in, mollis sagittis sapien. Quisque ultrices id diam quis dapibus. Nullam ac erat ac justo convallis fringilla nec ut purus. Vivamus volutpat orci et lacus tempus fringilla. Morbi sed erat vel nisi blandit placerat eget eget sapien.
Nulla eget tristique leo. Proin dignissim tellus nec risus congue fringilla. Donec interdum purus sem, a finibus ante efficitur ornare. Quisque ullamcorper pharetra lacus, vitae pharetra magna pretium vel. Donec aliquet purus sed pellentesque mollis. Pellentesque vestibulum eget massa in facilisis. Phasellus eu risus non metus consectetur facilisis. Interdum et malesuada fames ac ante ipsum primis in faucibus. In vitae fermentum enim, in vulputate diam. Aliquam malesuada urna suscipit, elementum sapien ac, posuere nisl.
Integer malesuada leo quis erat imperdiet aliquet. Aliquam ut eros vulputate, pharetra nulla quis, bibendum justo. Suspendisse justo leo, efficitur vel ex nec, fermentum condimentum dui. Suspendisse ut massa sit amet ligula mattis viverra. Sed sed turpis ligula. In vulputate, enim sit amet laoreet blandit, elit nisl fermentum odio, nec convallis libero dolor nec tellus. Donec rutrum nibh non nibh tincidunt, non iaculis diam dignissim. Sed nec massa pellentesque, gravida sem id, lobortis nisi. Integer turpis metus, sagittis vitae metus vel, feugiat congue nibh.
Vestibulum sed arcu eleifend ipsum eleifend semper nec sed est. Nam dapibus massa ut scelerisque egestas. Integer at elit faucibus elit molestie luctus. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur nulla neque, rhoncus sit amet ultricies ac, sagittis ac nibh. Praesent mattis ultricies nisi vitae efficitur. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nunc ullamcorper non est vitae faucibus. Duis pellentesque magna fermentum leo molestie, et dapibus diam dictum. Vivamus eu purus ullamcorper, consequat diam quis, blandit eros. Cras ultrices finibus metus, eget tempor sem euismod quis. Interdum et malesuada fames ac ante ipsum primis in faucibus.
Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos himenaeos. Fusce hendrerit arcu vel nisi bibendum, nec accumsan nunc sollicitudin. Mauris eu pretium ante, at rhoncus metus. Nunc dignissim turpis vel libero commodo imperdiet. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia curae; Donec gravida arcu eu turpis lobortis, vitae bibendum lectus egestas. Phasellus gravida eleifend ligula, eu sagittis diam rhoncus ut. Suspendisse fringilla ipsum eu purus tincidunt ornare. Vestibulum tincidunt enim eu ante mattis interdum. Integer molestie, est quis tincidunt dapibus, ex diam ultrices enim, nec vestibulum lectus orci non elit. Etiam vestibulum justo erat, ut vulputate urna dapibus vitae. Fusce ultrices lacus ac eros scelerisque, non malesuada neque ultrices. In pretium mi sed eros pharetra, eu molestie felis consectetur.
This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
"*" indicates required fields
