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 probation, 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.