What is a hate crime?

Hate crimes can be defined in many different ways, and each state treats such crimes in varying ways.   In general, a hate crime - also known as a "bias motivated crime" - is based partly or wholly on a prejudice of the offender against a protected group or member of such group.  For instance, a person who with malice aforethought and premeditation killed another person based on the fact that they were an African-American would be subject not only to a first degree murder charge, but also to hate crime charges.  If one is caught up in a violent crime arrest and is accused of a hate crime, skillful guidance will be needed from a New Jersey criminal defense lawyer.

As defined by the Federal Bureau of Investigation (FBI), a hate crime includes prejudicial offenses against someone because of race, religion, disability, sexual orientation, ethnicity and national origin.  Not all states consider each of these categories relevant under their specific hate crime laws, and different groups are thus protected differently by various states.  Many times a hate crime will carry with it penalty enhancements, that is to say, increased penalties related to a conviction because by its very nature the offense was a hate crime.  Some jurisdictions allow for not only criminal prosecution of a hate crime offense, but also allow affected parties to pursue a civil lawsuit.

Criminal Defense Lawyer in New Jersey for a Hate Crime Accusation

Hate crimes often inflame public emotions and create media attention, thus placing an unfair burden upon someone who should be held innocent until proven guilty.  Prosecutors will need to prove specific and clear elements of a case to show that a hate crime was at play, and a skilled defense lawyer can work hard to push back against these allegations.  Rafael Gomez is a committed and knowledgeable attorney who is dedicated to his clients' success and cares about exemplary and personalized representation in every single case he takes on.

In New Jersey, hate crimes are designated Bias crimes under N.J.S. 2C:16-1.

2C:16-1. Bias intimidation.

     a.     Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,

     (1)     with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or

     (2)     knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or

     (3)     under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

     b.     Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

     c.     Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.

     d.     Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.

     e.     Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.

     f.     Additional Penalties. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:

     (1)     complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;

     (2)     complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and

     (3)     make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.

     g.     As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.

     h.     It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.

Zealous prosecutors can escalate already serious allegations by adding a hate crime charge to the mix.  Contact Bergen|Hudson|Passaic|Essex County New Jersey criminal defense attorney Rafael Gomez for swift defensive action by calling (201) 646-9799.