Category Archives for Civil Rights

Misdemeanor Interference with Civil Rights by Damaging Property

Misdemeanor Interference with Civil Rights by Damaging Property

Misdemeanor Interference with Civil Rights by Damaging Property is art of a sub group of hate crimes. This crime covers interfering with another person’s civil rights by damaging property. In order to be charged with this crime you have to meet 5 conditions. 1. You defaced, damaged, destroyed, property that belonged to another person. 2. You knew that you were defacing, damaging, destroying property that was occupied by another person. 3. You did so for the purpose of interfering with the victim’s free exercise or enjoyment of the their civil rights. 4. You did so in whole or in part because of the victim’s actual or perceived characteristics. And 5. You intended to interfere with the victim’s civil rights. The first condition includes many different ways to alter property. Types of damage to property can include things such as vandalism and arson. Characteristics can include many things. The most popular are race, gender, nationality, race ethnicity, religion, sexual orientation, or a group association. To act in whole or in part because you were bias against the other person’s actual or perceived characteristics. And because of that bias you committed Misdemeanor Interference with Civil Rights by Damaging Property. If you had more than a single reason to commit Misdemeanor Interference with Civil Rights by Damaging Property, the bias must have been a substantial or core reason. although it does not need to be the only reason, it has to be more than a trivial one.

Punishment for Misdemeanor Interference with Civil Rights by Damaging Property

Misdemeanor Interference with Civil Rights by Damaging Property is a wobbler. That means it can be either a misdemeanor or a felony. As part of a hatMisdemeanor Interference with Civil Rights by Damaging Propertye crime however the usual sentences get enhanced. As a misdemeanor you could see a year in jail, up to a $5,000 fine, an informal probation, and community service. If you damage more than $950 worth of property then it becomes a felony. As a felony it comes with a formal probation. Up to 3 years in jail and up to a $10,000 fine.

Misdemeanor Interference with Civil Rights by Threat

Misdemeanor Interference with Civil Rights by Threat

Misdemeanor Interference with Civil Rights by Threat is a sub group of hate crimesMisdemeanor Interference with Civil Rights by Threat. This crime covers interfering with another person’s civil rights by the use of threats. In order to be charged with this crime you have to meet 5 requirements. 1. you threatened physical violence against a specific person or specific group of people. 2. the threat would cause a reasonable person to be afraid because you were able to carry out the threat. 3. You used the threat to willfully interfere the victim’s free exorcise or enjoyment of their civil rights. 4. You did so in whole or in part because of the victim’s actual or perceived characteristics. And 5. You did so with the intention to interfere with the other person’s civil rights. So in order for this crime to be committed it can’t be an empty threat. For example an old frail woman that threatened to beat down a group of Latinos would not be a plausible threat. That is because it would not cause a reasonable person to be afraid because she most likely could not carry out the threat. Therefore it could not clear the second condition.  Characteristics can include many things. The most popular are race, gender, nationality, race ethnicity, religion, sexual orientation, or a group association. To act in whole or in part is to act due to your bias against the other person’s characteristics (perceived or actual). And that the bias caused you to commit the Misdemeanor Interference with Civil Rights by Threat. If you had more than one reason to commit Misdemeanor Interference with Civil Rights by Threat, the bias described must be a core or substantial reason. Although it doesn’t have to be the only reason it has to be more than a trivial one.

If you or someone you know committed Misdemeanor Interference with Civil Rights by Threat, you need to have an attorney help you with your case.

Misdemeanor Interference With Civil Rights by Force

Misdemeanor Interference With Civil Rights by Force

Misdemeanor Interference With Civil Rights by Force is part of sub group of hate crimes. This crime covers interfering with another person’s civil rights by the use of force. In order to be charged with this crime you have to have met three conditions. 1. you used force to willfully interfere another person’s free exercise or enjoyment of the their civil rights. 2. you did so in whole or in part because of the victim’s actual or perceived characteristic(s). 3. you intended to interfere with the victim’s legally protected right or privilege. To willfully interfere is to just do it on purpose. You had the sole intention of stopping or attempting to stop their actions. Characteristics can include many things. The most popular are race, gender, nationality, race ethnicity, religion, sexual orientation, or a group association. The difference between conditions 1 and 3 is that one mentions the use of force, however condition 3 can include different types of interference. You act in whole or in part if you acted because you were bias against the other person’s actual or perceived characteristics. And because of that bias you decided to use force to interfere. If you had more than a single reason to commit Misdemeanor Interference With Civil Rights by Force, the bias described must have been a substantial or core reason. Although it does not need to be the only reason, it has to be more than a trivial one. Related crimes can include interference with civil rights by threat, interference with civil rights by damaging property.Misdemeanor Interference With Civil Rights by Force

Punishment for Misdemeanor Interference With Civil Rights by Force

The underlying crime are assault and battery in this case. By default they are misdemeanors, however as part of a hate crime, they can be enhanced. This can turn them into a felony charge. As a misdemeanor you can see up to a year in jail and up to a $5,000 fine and community service. As a felony you may see a formal probation. up to 3 years in prison and up to a $10,000 fine.

If you or someone you know was charged with Misdemeanor Interference With Civil Rights by Force, you need an attorney by your side.

 

Hate Crime Laws

Hate Crime Laws

Hate Crime Laws. Under California law a hate crime is more like an enhancer than an actual crime. A hate crime is committed when a crime is done under the impression that you have something against a persons’ ethnicity, disability, gender, nationality, religion, sexual orientation, or is associated with a group with those characteristics. This means that if there was a crime that had some type of hate related to the above, then a hate crime is committed. It doesn’t even matter if the reason itself wasn’t the main reason, as long as it was a substantial part to your motivation. This law also applies to speeches. Your speech usually cannot become a part of a hate crime unless. 1. you threatened to cause injuries or violence and 2. that you have the ability to carry out the violence. If a group of young men preached violence and hate then they are very susceptible to fall under hate crime criteria. However if a frail old woman preached that she hated Hispanics and threatened to beat up every one she sees, she cannot be considered for a hate crime. Although she preached for violence, she does not the actual ability to carry out the threat.

Punishments for Hate Crime Laws

Hate crimes itself as can be charged as a stand alone crime. It would be charged as a misdemeanor which would include a informal probationhate crime, a year in jail. Up to a $5,000 fine and or up to 400 hours of community service. Hate crime as a “penalty” makes it like an enhancer. If you convicted a misdemeanor that falls under hate crime criteria which caused injuries, damages over $950, or a second hate crime offense. Then the crime could turn into a felony. That could include a formal probation, up to 3 years in jail and up to a $10,000 fine. If you committed a felony that could fall under the hate crime criteria then it can be enhanced by another 3 years. However if another person was involved with the crime then the enhancement can add up to an extra 4 years in prison.

If you or someone you know was charged with a hate crime, come see an attorney.