Charged With A Hate Crime?
When a hate crime occurs, a crime that is motivated by certain characteristics outlined in state and/or federal law, penalties may be heightened to exceed typical guidelines. In other words, a sentence that might normally be for five years could be extended by months or years based on the added hate crime enhancements. If you find yourself charged with a crime that has hate crime enhancements attached, you need an able criminal defense attorney more than ever.
Enhancement Categories
A number of areas are called out in hate crime legislation, allowing additional punishment when crimes are committed based on bias against a victim who is, or is perceived to be, a person with certain characteristics:
- A person of a particular color, race, or national origin;
- Someone of a particular religion;
- A person of a certain gender, gender identity, or sexual orientation;
- A person with a disability.
Typical Crimes that May Get Hate Crime Enhancements
Hate crimes are generally associated with criminal activities that are violent and/or meant to demean. Crimes such as vandalism, assault, arson, and murder, as well as simply threatening or conspiring to commit such crimes could result in enhanced penalties, even if the crime did not ultimately occur. Simply planning it, or trying to convince someone else to, could be costly in terms of consequences. It’s estimated that 250,000 or more such crimes occur annually in this country.
Nevada’s Hate Crime Statistics
Hate crimes in Nevada have historically been primarily based on race/ national origin, with over 50 percent of crimes targeting this group. About a quarter of Nevada hate crimes have been related to the victim’s religion, and just under 20 percent related to sexual orientation. Victims’ gender, gender identity, or disability account for less than five percent each.
Enhanced Penalties
The enhanced penalties associated with hate crimes is nothing to scoff about. When a felony, such as assault, arson, or murder is charged by the state as a hate crime, it could add anywhere from 1-20 years of time in prison, whereas federal rules allow for an additional 10 years in federal prison. If the crime included an attempted or successful aggravated sexual abuse, kidnapping, or murder, federal law allows for a life sentence in federal prison. For misdemeanors such as graffiti, property crimes, and stalking, the added time could be up to 364 days, in addition to $2,000 in fines.
The Defense You Deserve
Anyone charged with a crime is entitled to a robust defense. At Lobo Law our experienced Las Vegas criminal defense attorneys are dedicated to fighting for the best possible outcomes for you. To discuss, schedule a confidential consultation in our Las Vegas office today.
Source:
justice.gov/hatecrimes/learn-about-hate-crimes
