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Hate Crimes

Hate Crimes are an enhancement for existing charges that may be leveraged by the court in the case that the accused committed the act based on some defining characteristic of the alleged victim.

State law dictates that hate crimes automatically elevate the original charge by one level for Class C, D, and E Felonies, and misdemeanors.

We’ll explore what constitutes a hate crime in the following article, and discuss the added penalties for committing one.

Nassau County Hate Crime Defense Attorney

Hate crime accusations are serious offenses, and simply being accused of one can have devastating consequences on your reputation and employment. It takes a skilled defense attorney to build a strong case.

Stephanie Selloni is recognized by the legal community through her admittance to reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Understanding Hate Crimes

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What is a Hate Crime?

New York Penal Code 485.05 defines a hate crime as any specific crime committed based on:

  • Race
  • Color
  • National origin
  • Ancestry
  • Gender
  • Gender identity or expression
  • Religion
  • Religious practice
  • Age
  • Disability
  • Sexual orientation

It does not matter if the accused is accurate in his or her belief; committing a crime based on the perception of one of the above-defining characteristics is enough to qualify for the enhancement.

The crimes available for enhancement under this section are too numerous to list out, but a few include:

  • Murder
  • Robbery
  • Terrorism
  • Grand larceny
  • Criminal mischief

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What Happens When You’re Convicted of a Hate Crime?

Any felony crime that is found to be a hate crime is considered to be a violent felony crime. This increases the minimum and maximum penalties substantially. In addition, and crime below a Class B Felony will be raised by one level. For example a Class C Felony becomes a Class B Felony, and a Class A Misdemeanor becomes a Class E Felony.

In addition, the following enhancements apply to Class B felonies:

  • First offense – Indefinite sentences may be raised from 1-25 years to 6-25 years in prison. Definite sentences may be raised from 5-25 years to 8-25 years.
  • Second offense – Definite sentences may be raised from 10-25 years to 12-25 years. Indefinite sentences for juveniles. May be raised from 0-10 years to a minimum of 4 years.

For Class A-1 Felonies, the crimes of which include murder, terrorism, use of a chemical weapon in the first degree and more, the minimum sentence is raised to 20 years in prison.

In addition to imprisonment, the offender may be required to complete programs, training or counseling sessions directed at hate crime prevention and education.

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Possible Defense Strategies for Hate Crimes

Because the elevation to a hate crime is based entirely on intent, defense attorneys will focus on demonstrating that the client did not commit the crime based on the alleged victim’s defining characteristic.

Refuting the Original Crime

One place to begin is by refuting the actual crime. This process begins with gathering evidence and witnesses, establishing alibis, and proving that the client did not or could not have committed the crime he or she is accused of.

Denying Intent

If it is impossible to entirely refute the charge of which the client is accused, then the attorney will instead seek to mitigate the charges, starting with the removal of the hate crime charge. Depending on the case, this can be a difficult argument. Much of the evidence provided for this may be to show that the client has committed similar crimes regardless of defining characteristics or to provide character witnesses and other evidence to show that the defendant is incapable or did not consider the alleged victim’s defining characteristic during the course of the crime.

Constitutional Rights

Another course of action may be for the defense attorney to claim that the defendant’s actions fall in line with protected First Amendment speech. The majority of crimes that may be enhanced do not necessarily allow for this argument, but it may still be argued that the defendant’s words, if any, said during the course of the crime are not indicative of ulterior motives.

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 Additional Resources

Nassau County Human Rights Commission – If you believe that you have been discriminated against because of a perceived connection between your race, national origin, or disability and the novel coronavirus, also known as COVID-19, you can file a complaint with the New York State Division of Human Rights.

Anti-Hate Crime Resource Guide – The New York State Office of Victim Services (OVS) provides assistance to victims of hate crimes. OVS funds 212 programs statewide that provide direct services, such as crisis intervention and counseling, to victims of crime, including those physically injured as a result of a hate crime.

What is a Hate Crime – New York City provides information on understanding a hate crime. The guide provides examples of bias incidents and what types of characteristics are protected under state law.

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Hire a Hate Crime Lawyer in Nassau County, New York

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

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