Crimes of this nature are defined as criminal acts against an individual or a group of people because of their perceived race, color, religion, ancestry, national origin, sexual orientation, gender or disability. People cannot help who they are or where they were born; hate crimes target individuals for who they are, what group they are a member of, or the color of their skin.
Although freedom of speech is protected under the United States Constitution and is not a crime of hate in itself, speech that carries a credible threat of violence against a person or a group named above is considered criminal in California.
According Hate Crime Statistics for 2010 released by the FBI, of the 6,624 hate crime incidents, 47.3% were racially motivated, while 20% were religiously motivated, 19.3% related to sexual orientation and 12.8% involved ethnicity and nation of origin bias.
What types of behaviors are categorized as a crime? For example, using force or threats of force to induce bodily injury, intimidate or interrupt another person from exercising their constitutional rights would be a hate crime.
Another example would be damaging another person's property in order to intimidate or interfere with their ability to exercise their constitutional rights. A good example of this would be burning a cross on a Buddhist church's property or painting a swastika on a Jewish temple. Desecrating a religious symbol or displaying a threatening sign on someone else's property with the intent to terrorize them is also a hate crime in California, along with the rest of the country.
Any kind of activity that vandalizes a church, synagogue, mosque or other house of worship with the intent to terrorize its parishioners is a hate crime.
The state of California separates hate crimes into misdemeanors or felonies depending on the facts surrounding the case. For instance, disorderly conduct at a place of worship where people are assembled is prosecuted as a misdemeanor, whereas vandalizing a house of worship based on religious bias can be prosecuted as a felony.
When a victim was intentionally killed because of their race, color, religion, nationality, or country of origin, then the death penalty or life without the possibility of parole might be imposed. Furthermore, the suspect may be sentenced to life without the possibility of parole if the victim was killed because of their sexual orientation, gender or disability. When the criminal offense was not committed because of a bias, the person can still nonetheless be criminally prosecuted for any of the above crimes.
If you are facing hate crime charges, you will need to speak with an experienced criminal defense attorney who can further explain hate crimes and their corresponding penalties. Since you could be facing anywhere from light penalties in a misdemeanor charge to far more serious penalties if you are convicted of a felony, proper legal representation is essential. Without a criminal lawyer, you are essentially putting your entire future in jeopardy. It is important that you protect your legal rights, your freedom, and your future by contacting a criminal defense lawyer in your area right as soon as possible.
Martinian & Associates is an experienced criminal defense firm conveniently located in Los Angeles, California. Their legal team has succeeded in exonerating clients and getting their charges reduced a number of times over. They would like to help you with your charges by utilizing their negotiation and litigation skills to achieve a better outcome in the case against you. You cannot give up hope when you are under investigation or arrest, there's no telling what the right attorney can do to improve your situation. Don't hesitate to contact a Los Angeles criminal defense attorney from their firm at (888) 847-9821 today.
