HATE CRIME DEFENSE ATTORNEYS
Federal Hate Crime Charges
If federal authorities believe that you committed a violent crime against someone because of their race, age, religion, sexual orientation, or other protected class, you can be charged with a hate crime. Federal hate crimes are indicted under 18 U.S.C. § 249 and can be charged along other criminal offenses.
What constitutes a hate crime?
In order to find the defendant guilty of committing a hate crime under 18 U.S.C § 249(a)(1), the government must prove beyond a reasonable doubt each of the following elements:
- First, that the defendant caused bodily injury to [name of victim] (or attempted to cause bodily injury to [name of victim] through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device);
- Second, that the defendant did so because of the actual or perceived race (or color or religion or national origin of [the victim]); and
- Third, that the defendant acted knowingly and willfully.
- Fourth, If applicable: [and] that the defendant’s conduct caused the kidnapping of (or the death of or the aggravated sexual abuse of or an attempt to kill, kidnap, or commit aggravated sexual abuse of) [name of victim].
For a prosecution under 18 U.S.C § 249(a)(2), the prosecution needs to prove the following five elements beyond a reasonable doubt:
- First, that the defendant caused bodily injury to [name of victim] (or attempted to cause bodily injury to [name of victim] through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device);
- Second, that the defendant did so because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of [name of victim]); and
- Third, that the defendant acted knowingly and willfully; and
- Fourth, that the defendant’s acts in causing the bodily injury to [name of victim] occurred during the course of, or as a result of, the defendant’s (or [the victim]’s) travel across a state line or national border (or the defendant used a channel, facility, or instrumentality of interstate or foreign commerce in connection with the acts that caused the bodily injury to [the victim] or the defendant employed a firearm, dangerous weapon, or explosive or incendiary device that had previously traveled in interstate of foreign commerce or the defendant’s conduct interfered with commercial or economic activity in which [the victim] was engaged at the time of the alleged offense or the acts alleged in the Indictment took place in the special maritime or territorial jurisdiction of the United States).
- Fifth, If applicable: [and] that the defendant’s conduct caused the kidnapping of (or the death of or the aggravated sexual abuse of or an attempt to kill, kidnap, or commit aggravated sexual abuse of) [name of victim].
What is the penalty for a hate crime conviction?
If you are convicted of a federal hate crime, you face up to ten years in prison. If a death results from the offense, or the offense includes the attempt or actual act of kidnapping, aggravated sexual abuse, or to kill, then a conviction carries up to a life sentence.
Hate Crime Defense Attorneys
With the severe potential penalties of a conviction for a hate crime, our defense attorneys tailor a fact-specific and thorough defense to the allegations. As a first step, we request and review discovery, and conduct our own investigation. This allows us to fully assess the charges, to understand that the federal prosecutors are looking at, and what they might do next.
A lot of time goes into prosecuting hate crime cases, and the investigations can be quite extensive. A team of expert criminal defense attorneys can help you level the playing field.
