What to Do If You’re Falsely Accused of a Hate Crime in Florida
Being accused of any crime can be frightening. Being accused of a hate crime, however, can be devastating. Not only do allegations of hate crimes carry the possibility of prison time, but they also come with an ugly stigma, public scrutiny, and the risk of enhanced penalties. In this article, the Tallahassee criminal defense attorneys at Luke Newman P.A. will discuss the hate crime enhancement and how it works under Florida law.
What is a hate crime under Florida law?
Under Florida law, there is no list of hate crimes. Instead, hate crimes act as an intensifier, leading to escalated penalties under Florida law. A simple assault charge can be reclassified with the hate crime intensifier and lead to harsher sentences. It can be a huge deal if the prosecution claims your crime was motivated by bias against race, religion, ethnicity, sexual orientation, gender identity, disability, or any other protected characteristic.
For example, let’s say that you’re charged with a misdemeanor offense. Under Florida rules, your charge can be elevated to a felony if the prosecutor says your crime was motivated by hate or bias toward an individual with a protected characteristic. This means that you’ll likely face worse penalties, a longer probation, and long-term consequences that haunt you forever.
Why false accusations happen
Federal hate crime charges happen more often than most people realize. Sometimes, they aren’t substantiated by the evidence
- Speech or conduct that was misinterpreted
- Social media posts that were taken out of context
- Personal disputes where someone wants to gain leverage
- Assumptions made by witnesses instead of proved intent
To make hate crime charges stick, prosecutors must prove motive, not just the underlying offense. Motives are often inferred instead of being directly established. This opens the door to mistakes.
What should I do after a hate crime accusation?
If you’re being accused of a hate crime, what you do directly afterward matters. You should:
- Not speak to law enforcement
- Not post on social media
- Save any evidence that proves your intent
- Contact a criminal defense attorney early
How hate crime charges are defended
Your defense will focus on your intent. Prosecutors are required to show that you were motivated by bias or hatred. Defense strategies can include:
- Demonstrating a lack of bias
- Challenging the credibility of witnesses
- Suppressing evidence that was unlawfully obtained
- Exposing inconsistencies in reports
In a lot of cases, removing the hate crime enhancement can completely change the case against you.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who have been charged with serious crimes. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
