Article written by The Legal Newsblog
A hate crime involves a crime by the perpetrator that is caused due to a bias against sex, gender, sexual orientation, disability, ethnicity, race, religion, or other social group. Hate crimes can be tried under both federal and state law. Therefore the double jeopardy clause does not protect the prosecution and which means that the individual can be charged for the same act twice.
Some common hate crimes are destruction of property, assault, battery, arson, trespassing, and stalking. In some states hate crimes have higher penalties, than similar offenses. This is manly because statistics have shown that hate crimes have a larger affect on communities, more than similar crimes.
Defenses for hate crime charges – The defenses in this case are the same as defenses for crimes that do not target members of protected groups.The criminal defense attorney has to show that the defendant was not biased against the victim and create reasonable doubt that the defendant did not commit a hate crime.
Penalties and consequences of hate crime – Penalties may vary from death, incarceration, fines, compensation to the victim, and completion of anti-racism or anger management programs. Other consequences are that a hate crime on a person’s record will affect their employment, housing and aid prospects. Most defendants in hate crime cases will be viewed as risks in most communities.
Getting Help – If you or someone you know is accused of a hate crime, it is best to speak to a criminal defense attorney at your earliest.