San Diego Criminal Lawyers Blog
A crime that is motivated by certain characteristics outlined in state and/or federal law can be charged as a hate crime. Penalties may be increased beyond typical guidelines for the original crime. In other words, a sentence that might normally be for ten years could be extended by months or years based on the added hate crime enhancements. If you find yourself charged with a crime that has hate crime enhancements attached, a tough criminal defense attorney on your side is needed more than ever.
Enhancement Categories
A number of areas are called out in state and federal hate crime legislation, allowing additional punishment when crimes are committed based on bias against a victim who has, or is perceived to have, certain characteristics:
- A particular ethnicity, race, or national origin;
- A specific religion;
- A certain gender, gender identity, or sexual orientation;
- A person with a disability;
- Someone who is associating with a person or group having one or more of these characteristics.
Common Crimes With Enhancements for Hate
Generally speaking, hate crimes are associated with criminal activities intended to demean and/or crimes of violence. Crimes such as vandalism, arson, assault, and murder could result in enhanced penalties if the crime was based on bias in a specified category. Simply planning it or trying to convince someone else to do so could be costly in terms of consequences. It’s estimated that 250,000 or more such crimes—largely unreported—occur annually in this country.
California’s Hate Crime Statistics
Hate crimes in California have risen in the past year by nearly three percent, to over 2,500 reported hate crimes. The most prevalent rise in hate crimes has been directed at the Jewish community and LGBTQ+ individuals. The number of hate crimes directed at particular groups in 2024 is as follows:
- Over 500 hate crimes directed at LGBTQ+ individuals;
- Over 500 hate crimes targeting Black individuals;
- Over 400 hate crimes targeting individuals based on religion;
- Nearly 120 hate crimes targeting Asian individuals.
Additional Penalties
The enhanced penalties attached to hate crimes are nothing to sneer at. When a felony, such as assault, arson, or murder, is charged by the state as a hate crime, it could add up to three years of time in prison, while federal law allows for an additional 10 years in federal prison. If the crime included an attempted or successful aggravated sexual abuse, kidnapping, or murder, federal law provides for a life sentence in federal prison. For misdemeanors such as graffiti, property crimes, and stalking, the added time could be up to one year in jail, on top of $5,000 in fines.
The Defense You Deserve
Anyone charged with a crime is entitled to a robust defense. At Boertje & Associates, our experienced criminal defense attorneys are dedicated to fighting for the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.