Hate Crimes

For the third year in a row, the rate of hate crimes increased in California. According to a report released by the California Attorney General’s office, there were 1,093 reported hate crimes in California in 2017, a 17.4% increase. This statistic follows an uptick in hate crimes since 2014: The amount of reported incidents jumped 44% in that three-year span.

What is a Hate Crime?

Hate crimes target people based on their race, sexual orientation, religion, or other protected class. More than half of the hate crimes reported in California last year involved racial basis, Black people, in particular, represented 27% of such reported incidents.

Hate Speech or Hate Crime?

Hate Speech is behavior motivated by hate but legally protected by the First Amendment right to freedom of expression. Examples include name-calling, insults, distributing hate material in public places, and displaying hate material on a person’s own property. Hate speech is permitted by the U.S. Constitution so long as it does not interfere with the civil rights of others.

A hate crime is a crime against a person, group, or property motivated by the victim’s real or perceived protected social group.

California Hate Crime Laws

Intent or motive to commit a crime is at the heart of most criminal offenses. Under the law, if one of the motivators for committing the crime is hate, the accused person will be subject to enhanced penalties, like a longer prison sentence or steeper fines.

California considers a person’s disability, gender, nationality, race or ethnicity, religion, or sexual orientation protected characteristics. If a person is harmed, threatened, or harassed because of the person’s protected characteristics, then the law imposes severe additional punishment for the criminal offender.

How to Spot a Hate Crime

A hate crime occurs when a victim or property is targeted because they belong to a protected group, like race or religion. During the commission of the crime, the perpetrator often makes verbal comments showing prejudice.

Have You Been Charged With a Hate Crime in California?

Committing a violent crime against an individual from a protected class California is a serious offense. If you have been charged with a hate crime in California, you can face heavy fines and years of imprisonment. Consult a qualified San Diego Criminal Defense Attorney who can help mitigate your penalties.

Available 24/7, the Boertje Law Firm represents clients at any stage of the criminal process. We serve San Diego County including Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, Fallbrook, Imperial Beach, La Jolla, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Spring Valley, and Vista. Whether your need for a criminal defense attorney arises during the pre-arrest investigation stage or the night before a court date, San Diego Criminal Defense Attorney David Boertje is available to talk to you. Call us toll free at (888) 476-0901 or contact us on the web to start legal representation today.