What Are the Penalties for Hate Crime Charges Conviction?

Hate crimes, acts of violence or intimidation motivated by prejudice against a person or group based on their protected characteristics, are severe offenses with significant legal repercussions in Florida, United States. An experienced criminal defense attorney can help you understand the charges against you and guide you toward the best possible outcome.

Here are some basic facts to know if you face hate crime charges.

What Is a Hate Crime?

A hate crime occurs when an act of violence, vandalism, threat, or other criminal offense that targets an individual or group based on their:

• Race
• Color
• Ancestry
• Ethnicity
• Religion
• Sexual orientation
• Gender identity
• National origin
• Homeless status
• Senior citizen age (65+)
• Physical or mental disability
• Mental disability

The critical factor differentiating a hate crime from a regular crime is the motivation behind the offense. If the actions of a person who commits the crime affect one of these protected characteristics, the penalties can be significantly harsher.

Is Hate Crime a Felony in Florida?

Under Florida Statute 775.085, a hate crime can be classified as either a misdemeanor or a felony. The decision to charge for a misdemeanor over a more severe felony depends on:

• The severity of the underlying offense
• The provable presence of a hate crime motive

For example, a simple battery charge is usually a first-degree misdemeanor. However, if the act is motivated by prejudice against a protected person, the charge elevates to a third-degree felony under Florida law.

Federal Hate Crime Charges

Federal hate crime charges are civil rights violations and carry severe consequences. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 expanded federal jurisdiction over certain hate crimes. The law also closed gaps in previous legislation by including specific acts, such as:

• Willfully causing bodily injury
• Attempting to cause bodily injury using fire, a firearm, explosives, or other dangerous weapon

Federal hate crime charges apply if the act involves crossing state lines or affects interstate or foreign commerce.

How Much Jail Time for a Hate Crime?

Hate crime charges can result in longer prison sentences, steeper fines, a permanent record as an ex-felon, and potential criminal court penalties. Lower-level charges escalate when the prosecution classifies them as hate crimes or when they rise to the level under federal hate crime laws, such as:

• Misdemeanor Becomes First-Degree Misdemeanor – Up to one year in jail and a $1,000 fine
• First-Degree Misdemeanor Becomes Third-Degree Felony – Up to five years in prison and a $5,000 fine
• Third-Degree Felony Becomes Second-Degree Felony – Up to 15 years in prison and a $10,000 fine
• Second-Degree Felony Becomes First-Degree Felony – Up to 30 years in prison and a $10,000 fine
• First-Degree Felony Becomes Life Felony – Potential life imprisonment

What Can You Do If You’re Charged with a Hate Crime?

The last thing you want to do if you’re charged with a hate crime is to defend yourself without legal counsel. Due to the complex nature of these cases, an experienced attorney specializing in hate crime charges is essential. Immediately after the arrest, you should:

• Invoke your constitutional right to remain silent and tell law enforcement you will only answer their questions with an attorney present.
• Have your attorney with you at all court proceedings.
• Discuss your case only with your attorney, and do not share thoughts or comments on social media.

Potential Legal Defenses for Hate Crime Charges

Using various strategies, a skilled criminal defense attorney can effectively defend you against state and federal hate crime charges.

• Mistaken Identity – Assert that the accused was wrongly identified as the perpetrator, challenging the accuracy of eyewitness accounts or other identifying evidence.
• No Underlying Crime – State that the accused’s actions do not meet the criteria for the underlying criminal offense, challenging the basis of the hate crime charges.
• False Accusation – Assert that the defendant did not commit the alleged hate crime, presenting evidence to dispute the accuser’s credibility.
• Insufficient Evidence – Argue that the prosecution lacks the necessary proof to establish guilt beyond a reasonable doubt, highlighting weaknesses in their case.
• Absence of Bias – Maintain that the defendant’s actions were not motivated by prejudice, challenging the prosecution’s assertion of a biased intent.
• Constitutional Violations – Allege that law enforcement officials violated the defendant’s constitutional rights during the investigation or arrest, potentially leading to the exclusion of evidence.
• Unreliable Witnesses – Challenge the credibility of the prosecution’s witnesses, casting doubt on the reliability of their testimony.

Talk to a Florida Criminal Defense Attorney

Were you arrested on hate crime charges in Florida? An experienced criminal defense attorney in Pensacola who handles these cases could help you avoid conviction or shield you from the harshest consequences. Call The Morris Firm at (850) 503-2626 for a free consultation.

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