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What Is a Federal Hate Crime?
A federal hate crime is defined by the U.S. Department of Justice (DOJ) as “a crime motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.” That means there are essentially two parts to a hate crime. The first is a crime on its own, something someone could be charged with by itself. The crime takes on the status of a hate crime if it’s thought to be motivated by any of the biases listed above. For example, someone could be charged with attempted murder. But if the prosecutor believes that the alleged murderer wanted to kill someone because of their race, color, etc., then the prosecution may elevate the charges to a hate crime.
A crime can become a hate crime if it’s committed on federal property or if the perpetrator crosses state lines to commit the crime. Hate crimes may also be charged when the crime interferes with the victim’s ability to engage in federally protected activities, such as voting or going to work.
What Does it Take to Prove a Hate Crime?
Basically, there are two aspects, both of which must be proven for someone to be convicted of a hate crime.
A crime was committed. In criminal hate crime cases, these involve injury, threats, or property damage to the victim.
There is a link between the crime and the victim’s protection status. The prosecution has to prove that the person charged with the crime has demonstrated that their primary intention in committing the crime was to harm someone because of their status.
How Do Federal Hate Crimes Differ From Other Acts of Hate?
The DOJ says that incidents of bias or hate that aren’t hate crimes don’t involve violence, threats, or property damage. That might include something like someone being denied a job or housing because of the bias against the various statuses listed above. No violence or damage is caused physically, and these are usually civil cases rather than criminal.
What Are the Consequences of Being Convicted of a Federal Hate Crime?
The DOJ takes hate crimes seriously. A conviction can lead to up to ten years in prison on the federal level. If the crime involved sexual abuse, kidnapping, and/or murder, life in prison is possible. A fine of up to $250,000 may be levied.
What Defenses Could Be Used Against Federal Hate Crime Charges?
Keep in mind that there’s no one defense strategy that works for all cases because each case is unique. If you’ve been charged with a federal hate crime, the first thing you should do is reach out to an experienced federal hate crime defense attorney who can advise you on what’s possible and probable for your case. These are highly complex cases that should only be handled by a legal professional.
That said, there are some defense strategies that are frequently used and may apply to your circumstances.
Proving no guilt. This involves too many facets to include here, but it means that the defense works to identify ways to discredit the prosecution’s case so the alleged criminal (the plaintiff) is found not guilty. In criminal cases, the prosecutor has to prove guilt beyond a reasonable doubt. The defense attorney then works to provide enough reasonable doubt for the plaintiff to be acquitted.
Remove the hate crime aspect. There are numerous approaches for this, including that the crime occurred but not because the plaintiff acted because they wanted to hurt someone because of their race, gender, or other protected status.
Request the case be changed to a state level rather than federal. In Georgia, someone convicted of a hate crime might face up to 24 additional months in jail and a fine of up to $5,000 on top of the underlying criminal charge. But that may be less onerous than the federal conviction.
No intent. This says the plaintiff did not deliberately try to injure someone or that the injury was accidental.
Mistaken identity. The plaintiff was incorrectly identified as involved in the crime. Having a strong alibi helps with this defense.
Lack of participation. If a group is charged with a hate crime, one possibility is that one of the plaintiffs was present but didn’t join in the crime.
Lack of evidence. The prosecutor didn’t provide compelling evidence that the plaintiff either acted based on hate or was involved in the crime at all.
Violation of constitutional rights. This involves proving that the plaintiff’s constitutional rights were violated somewhere along the process, from investigation to arrest. That can include things such as illegal search and seizure or the failure to read the Miranda rights to the plaintiff while arresting them.
Negotiation with the prosecution. At times, it’s possible to negotiate reduced or dropped charges with the prosecutor, especially when their case is weak or they lack evidence.
What Should I Do if I’ve Been Charged with a Federal Hate Crime?
Call Mones Law as soon as possible at 678-616-2647 to request a free 60-minute consultation. This is a serious situation that could have grave consequences if you’re convicted. Our team of experienced, knowledgeable federal hate crime defense attorneys understands what’s at stake. We can walk you through the specifics of your case and propose what might be the right approach for the best possible outcomes.
