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Federal Hate Crime Defense

Federal Hate Crime Defense

What Does New York State Call a Hate Crime?

A “Hate Crime” is a criminal act involving violence, intimidation and destruction of property based upon bias and prejudice.

Hate crimes are intentionally inflicted upon victims because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Because hate crimes are believed to threaten the safety and welfare of NY citizens and society as a whole, in addition to the physical and emotional damage inflicted upon each individual victim, NY State has become more aggressive in prosecuting hate crimes.

New York State stipulates how hate crimes should be prosecuted and punished.

Criminal Defense for Hate Crime Offenses

NY Penal Code 485.05

Under NY State’s written law definition, a hate crime occurs when one intentionally selects a person against whom an offense is committed or intended to be committed in whole or in substantial part because of a belief or perception relating to the victim’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person – regardless of whether this belief or perception is correct or incorrect.

Sentencing for Hate Crimes

Sentencing guidelines for hate crimes in New York State are complicated and can change with statute. We strongly advise those seeking legal counsel for a hate crime related charge to contact an experienced Criminal Defense attorney as soon as possible.

NY Penal Code 485.10

1. When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, the hate crime shall be deemed a violent felony offense.

2. When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a Class C, D or E Felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant`s conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable.

Learn more about: 
Sentencing for Felony Convictions. 
Sentencing on Misdemeanor Convictions.

Examples of Hate Crimes Punishable in NY State

  • Assault in the 3rd degree; assault in the 2nd degree; assault in the 1st degree, or aggravated assault upon a person less than 11 years old;
  • Menacing in the 1st degree; menacing in the 2nd degree; menacing in the 3rd degree; reckless endangerment in the 2nd degree;
  • Reckless endangerment in the 1st degree;
  • Strangulation in the second degree; strangulation in the 1st degree;
  • Manslaughter in the 2nd degree; manslaughter in the 1st degree;
  • Murder in the second degree;
  • Stalking in the 4th degree; stalking in the third degree; stalking in the 2nd degree; stalking in the 1st degree;
  • Rape in the 1st degree;
  • Criminal sexual act in the 1st degree;
  • Sexual abuse in the 1st degree; aggravated sexual abuse in the second degree; aggravated sexual abuse in the 1st degree;
  • Unlawful imprisonment in the 2nd degree; unlawful imprisonment in the 1st degree;
  • Kidnapping in the 2nd degree); kidnapping in the 1st degree;
  • Coercion in the 2nd degree; coercion in the 1st degree;
  • Criminal trespass in the third degree; criminal trespass in the second degree; section criminal trespass in the 1st degree;
  • Burglary in the 3rd degree; burglary in the 2nd degree; burglary in the 1st degree;
  • Criminal mischief in the 4th degree; criminal mischief in the 3rd degree; criminal mischief in the 2nd degree; criminal mischief in the 1st degree; arson in the 4th degree;
  • Arson in the 3rd degree; arson in the 2nd degree; arson in the 1st degree;
  • Petit larceny; grand larceny in the 4th degree;
  • Grand larceny in the 3rd degree; grand larceny in the 2nd degree; grand larceny in the 1st degree;
  • Robbery in the 3rd degree); robbery in the 2nd degree; robbery in the first degree; harassment in the 1st degree);
  • Aggravated harassment in the 2nd degree; or
  • Any attempt or conspiracy to commit any of the above offenses.

Criminal Defense Attorney for Hate Crimes in New York State

E. Stewart Jones Hacker Murphy also represents clients with the following criminal charges:

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Have Questions?

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  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
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  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
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  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.