When Can a Crime Be Charged as a Hate Crime in Florida?
Certain criminal acts under Florida law receive harsher penalties when the defendant committed them out of bias or prejudice against the victim. Known as hate crimes, these charges include accusations that the offender was motivated by a particular quality of the victim as opposed to a purely selfish reason or profit motive. Even if the charge remains the same, a hate crime accusation can result in more serious penalties for the defendant.
If you are facing hate crime charges in Florida, there are a few things you should know about defending yourself.
What is a hate crime?
A hate crime does not stand alone as a crime. It is a punishment intensifier for an individual who commits any number of crimes against another person because of that person’s protected characteristics.
According to the law in Florida, some of the protected characteristics are:
- Race
- Color
- Ancestry
- Ethnicity
- Religion
- National origin
- Homeless
- Disabilities
- Sexual orientation
- Age
Just proving that the victim belonged to one of the categories listed above will not suffice; there needs to be proof that the victim was targeted because of his protected characteristic.
Which crimes can receive a hate crime enhancement?
An enhancement for a hate crime could also apply to many different types of criminal offenses, such as:
- Assault and aggravated assault
- Battery and aggravated battery
- Criminal mischief
- Trespassing
- Theft offenses
- Harassment or intimidation
- Murder and violent offenses
It usually results in an increase in the penalty for committing the crime. The misdemeanor could become a felony, while certain felonies could become even more serious.
What must prosecutors prove?
Since the hate crime enhancement is based on the offender’s motive, most hate crimes have evidence that goes beyond the primary crime committed.
This evidence could include, but is not limited to:
- Anything the offender said prior to, during, and after the crime
- Anything the offender posted on any social media platform or in any email
- Past interaction between the offender and the supposed victim
- Testimonies from witnesses who saw how the offender acted
- Physical evidence in the form of signs, writings, and similar items
Nevertheless, offensive statements or unpopular ideas alone will not suffice to classify a case as a hate crime.
Defending against hate crime allegations
Each criminal offense depends on the specifics of the case, and allegations of hate crimes are no exception. The criminal defense lawyer can evaluate whether the prosecution has sufficient evidence to establish the requisite motive or is relying on assumptions.
Defensive strategies can be as follows:
- The event happened without any motive of prejudice
- The evidence fails to prove the criminal’s intent
- Misinterpretation of the statement or actions by the witnesses
- Mistaken identity of the criminal
- Insufficient evidence from the prosecution’s side
Overturning the hate crime enhancement charge can significantly influence the potential sentence for the offender.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents individuals charged with serious crimes in Tallahassee. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
