Hate crimes involve acts committed against individuals, groups, or their property. They are driven by bias or prejudice related to attributes like race, religion, ethnicity, sexual orientation, gender, gender identity, disability, or other protected characteristics.

These offenses manifest in various ways. This includes assault, harassment, vandalism, threats, and even homicide. The critical factor that distinguishes a crime as a "hate crime" is its motivation, where the perpetrator deliberately selects the victim due to their perceived association with a particular social or demographic group.

Hate crimes are particularly grave because they not only harm the immediate victims but also convey a message of fear and intimidation to the entire community, sharing the characteristics of the targeted group.

California Laws that Address Hate Crimes

Hate crimes in California are criminalized under Penal Codes 422.55, 422.6, 422.7, and 422.75.

  • Penal Code 422.55

PC 422.55 defines a hate crime as a criminal act committed, either entirely or in part, due to the actual or perceived characteristics of the victim, such as their:

  1. Race.
  2. Religion.
  3. Nationality.
  4. Disability.
  5. Sexual orientation.
  6. Gender, or
  7. Gender identity.

Let us break down the terms used in PC 422.55.

Actual Characteristics

Actual characteristics refer to an individual's unalterable traits, including race, ethnicity, nationality, disability, and biological gender. These characteristics serve as the foundation for potential prejudice or bias-based targeting. Hate crimes can arise from hostility or intolerance aimed at a person's intrinsic attributes, regardless of whether those attributes are factual or merely perceived.

Perceived Characteristics

Perceived characteristics involve the attributes that an offender believes a victim has, even if these attributes are not factual. These perceived characteristics encompass assumptions or stereotypes regarding the victim's race, religion, nationality, disability, sexual orientation, gender, or gender identity.

Hate crimes can result from the offender's bias or prejudice against these perceived characteristics, irrespective of their accuracy. In essence, it is the perception of these specific attributes that propels the hate crime, even if the victim does not genuinely possess them.

Offenses Committed “because” of Protected Characteristics

A hate crime can also be committed due to prejudice, bias, or animosity against an individual or a group based on legally protected attributes or characteristics. To establish a hate crime in a court of law, a district attorney must prove two essential elements:

  1. You exhibited bias or prejudice against the victim because the victim either possessed or was perceived to possess one of the characteristics listed in PC 422.55.
  2. This bias or prejudice was the primary motivation behind your commission of the alleged crime.

Demonstrating a hate crime necessitates showing that your prejudice or bias linked to the victim's protected characteristics was the principal driving force behind the criminal act.

Requirement for a Predicate Offense

Hate crimes involve two crucial aspects:

  1. The actual commission of a criminal act and
  2. motivation rooted in bias or prejudice related to the victim's protected characteristics.

This motivating bias is the linchpin that transforms a regular offense into a "hate crime." In essence, a hate crime emerges when a criminal act, be it assault, harassment, or another violation, is carried out with a clear bias-driven intent against a protected characteristic, like race or religion.

In simpler terms, merely harboring ill will or hatred towards a particular race or any other protected attribute is insufficient to constitute a hate crime. To be legally considered a hate crime, you must engage in a criminal act driven by bias or prejudice against the victim's protected characteristic.

  • Penal Code 422.6

Penal Code Section 422.6 primarily addresses situations in which individuals use force or threats of force to intentionally interfere with someone else's civil or constitutional rights. To secure a conviction for a violation of PC 422.6, prosecutors must demonstrate three key elements:

  1. You, the accused, used force intending to willfully interfere with another person's civil or constitutional rights.
  2. The act was driven, either wholly or in part, by bias or prejudice based on the victim's actual or perceived characteristics.
  3. You had the intent to interfere with the victim's legally protected rights, as established by the Constitution or laws of California or the United States.

The fundamental aim of PC 422.6 is to shield individuals from unauthorized violence and prevent interference with their constitutionally and legally protected rights.

A violation of PC 422.6 is a misdemeanor. Convictions result in the following penalties:

  1. A jail sentence of up to one year.
  2. A maximum fine of $5,000 and/or
  3. 400 hours of community service.

Enhanced Penalties For Hate Crimes

The enhanced penalties are outlined under PC 422.7. Recall that for a hate crime, there must be an underlying crime you committed. Therefore, the enhanced penalties apply when:

  • You are convicted of a misdemeanor violation, and
  • The offense you are convicted of is a hate crime — The violation should meet the definition provided under PC 422.55.

Additionally, prosecutors must prove the following:

  • You must have committed the hate crime to interfere with the legal rights of the alleged victim.
  • In addition, at least one of the following conditions must apply:
    • The misdemeanor resulted in the victim sustaining an actual physical injury. The crime could also have occurred when you had the present ability to cause bodily harm.
    • The misdemeanor caused property damage above $950.
    • You have a prior conviction for a hate crime.

Prosecutors can charge you with a misdemeanor or felony violation since a PC 422.7 violation is a wobbler offense. Convictions for misdemeanor violations result in jail sentences of up to one year. On the other hand, convictions for felony violations result in prison sentences of up to three years.

You could also face additional penalties under PC 422.75 in the following cases:

  • You commit a felony categorized as a hate crime or attempt to do so. If so, the court can add an extra prison term, ranging from one to three years. This supplementary penalty is imposed in addition to the regular sentence for the felony.
  • You voluntarily engage in collaborative efforts with another person, either through active participation or aiding and abetting, in the perpetration of a felony hate crime. For these actions, you could face an additional prison term of two, three, or four years. This, once again, is subject to the discretion of the court.
  • You use a firearm while committing the offense — This action can be considered an aggravating factor for imposing an extra prison term. The court could, therefore, impose an additional prison term of up to three years.

Federal Laws on Hate Crimes

There are several federal hate crime laws in the United States, each with its specific focus:

  • Conspiracy Against Rights

18 USC 241 makes it a federal offense for two or more individuals to conspire to deprive someone of their constitutional rights through violent acts, intimidation, or threats.

Unlike many other conspiracy statutes, the Conspiracy Against Rights Act does not require the commission of an overt act as an essential element of the offense. In simpler terms, merely conspiring to violate someone's constitutional rights can be considered an offense.

This offense is always treated as a felony, regardless of whether the underlying conduct would individually qualify as a felony under a different criminal civil rights statute.

The standard punishment for this offense is imprisonment for a maximum of ten years. However, if the government can prove aggravating factors, such as:

  1. The involvement of kidnapping.
  2. Aggravated sexual abuse, or
  3. The offense resulting in death, the punishment can be increased to a maximum sentence of life imprisonment.

In cases where the conspiracy results in death, it could even make the offenders eligible for the death penalty.

  • The Civil Rights Act of 1964

18 USC 245 targets interference with federally protected activities. These include voting, public education, employment, and public facilities. It criminalizes the use of force, threats, or intimidation to obstruct individuals from exercising their civil rights.

Convictions result in a prison sentence of up to ten years. However, there is a possibility of a life sentence if:

  1. The victim died.
  2. The case involved kidnapping or an attempt to kidnap the victim.
  3. An attempt on the victim’s life or
  4. Sexual abuse or the attempt to sexually abuse the victim.

  • Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

18 USC 249 significantly broadens federal hate crime legislation to include offenses committed due to a person's actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity, or disability. It empowers federal authorities to investigate and prosecute hate crimes within these categories.

If an offense under this section does not lead to a person's death, there is a time limit for prosecution, trial, or punishment. The Department of Justice should file the charges within seven years from the date when the offense occurred.

In cases where the offense under this act results in a person's death, there is no specific time constraint for bringing an indictment or formally charging the offender. This means these cases can be pursued at any time without a statutory time limit.

Violation of this act is punishable by the following penalties:

  1. An imprisonment of up to 10 years.

You risk a life sentence if:

  1. The victim died, or
  2. The hate crime involved:
    1. Aggravated sexual abuse or attempting to commit aggravated sexual abuse.
    2. Kidnapping or attempting to kidnap, or
    3. An attempt to kill.

  • The Civil Rights Act of 1968

42 USC 3631 prevents threats, force, or intimidation in the context of individuals seeking to buy, rent, or occupy a dwelling. It ensures that individuals cannot face discrimination or intimidation in housing based on their race, color, religion, or national origin.

It is also a crime under this Act to attempt to discourage others from lawfully aiding or encouraging participation without discrimination in housing activities. Further, this Act makes it an offense to engage in speech or peaceful assembly opposing these denials.

The penalties can range from fines under Title 18:

  1. A prison sentence for up to one year or both.

The penalties will increase to a prison sentence of up to ten years if the discriminatory acts involve:

  1. Bodily injury.
  2. The use of dangerous weapons, explosives, or fire.

Defenses You Can Assert in a Hate Crime Case

Hate crime allegations are profoundly grave. Convictions on these charges result in equally harsh penalties. The following defense strategies are designed to introduce uncertainty regarding the prosecution's case. These defenses are especially effective if prosecutors fall short of proving their claims beyond a reasonable doubt.

Here are some of the common defense strategies:

  • Your Actions or Words are Protected Speech

Under this defense, your attorney will argue that your actions or statements, even if offensive or controversial, are protected under the First Amendment. Per the amendment, protected actions or speech express your opinions and beliefs and should not be considered criminal. It challenges the prosecution's assertion that these actions or speeches crossed the line into criminal behavior.

However, there are limitations on free speech. Not all forms of speech are protected, including speech that incites violence, obscenity, or defamation. Hate speech, which promotes discrimination, violence, or hatred based on characteristics like religion, race, or nationality, can be a complex and contentious area within the boundaries of free speech. The defense acknowledges these complexities and seeks to address them within the legal framework.

  • You Are Not Criminally Responsible For The Underlying Crime

This defense focuses on challenging the core criminal offense itself. Your attorney will argue that you did not commit the underlying crime upon which the hate crime allegation is built. Essentially, it questions the crucial element necessary for a hate crime conviction: the commission of a criminal act.

For example, if you face a hate crime charge related to an assault, this defense asserts that the assault did not happen or that you were not involved in it. By creating doubt about the existence of the underlying crime, this defense strategy aims to undermine the basis of the hate crime charge.

This defense, in certain instances, leads to an acquittal or a reduction in charges.

  • Your Actions Were Not Motivated by Bias

This defense questions the motivation behind the alleged criminal act, a vital element in a hate crime conviction. It argues that your actions were not driven by bias or prejudice based on the victim's protected characteristics, disconnecting them from the victim's attributes. The goal is to cast doubt on the hate crime charge.

Note: Even if you successfully challenge the hate crime aspect, you could still face a conviction for the underlying criminal offense. However, the prosecution must prove a motive unrelated to bias or prejudice.

For example, if you are accused of a hate crime, this defense contends that your actions were not motivated by bias but rather by other factors. These could include personal disputes or misunderstandings. By disputing the motivation element, this defense aims to weaken the hate crime charge, possibly resulting in an acquittal or reduced charges.

Civil Action Against Individuals Accused of Hate Crimes

Alleged victims of hate crimes can institute a civil action against you. Under the Ralph Civil Rights Act, individuals who have been victims of hate crimes or threatened hate crimes have the option to pursue legal claims seeking penalties of up to $25,000.

The plaintiff must demonstrate that the defendant's primary motivation for causing harm was their perception of the victim's association with a protected class. Essentially, this requires proving that the defendant's actions were driven by bias or prejudice related to the victim's characteristics.

Juries award damages in Ralph Act lawsuits if the plaintiff proves the following fundamental elements:

  • The defendant was involved in an act of violence, whether it was an actual act or a threat, directed against the plaintiff. Additionally, this act was based on the plaintiff's actual or perceived characteristics.
  • One of the substantial motivating factors behind your actions was the plaintiff's actual or perceived characteristics.
  • The plaintiff experienced harm as a direct result of your actions.
  • The defendant played a significant role in causing harm to the plaintiff.

Victims can file complaints under the Ralph Act with either California's Civil Rights Department (CRD) or the pertinent court. This offers victims multiple avenues for pursuing legal remedies and seeking justice.

Successful Ralph Act lawsuits result in the recovery of various forms of compensation. This includes:

  • The $25,000 civil remedy.
  • Compensatory damages to cover actual losses.
  • Punitive damages to penalize the wrongdoer and
  • Reimbursement for the attorneys' fees incurred during the legal process.

The Ralph Civil Rights Act aims at safeguarding individuals from hate crimes and hate-motivated threats while also providing them with the means to seek redress and restitution when they have been singled out based on their protected characteristics.

Find a Criminal Defense Attorney Near Me

Given the gravity of hate crime allegations, it is crucial to confront them with the aid of legal representation. Securing legal assistance offers the best chance of achieving a fair and just outcome.

At Los Angeles Criminal Lawyer, our skilled attorneys can effectively address the complexities of hate crime cases, analyze the available evidence, and craft a strong defense strategy. Moreover, we will safeguard your legal rights, guide the legal proceedings, and strive to secure the most favorable resolution possible. Call us today at 310-502-1314 for a free case evaluation.