Possible Defenses To Hate Crime Charges

According to the New York Police Department, more than fifty hate crimes can occur in New York City in one month. A hate crime is a type of crime motivated by bias. Generally, a hate crime occurs when one of a specified set of crimes is committed against a person because the person identifies with a particular color, race, religion, age, gender, disability, ethnicity, ancestry, sexual orientation, or national origin. Hate crimes can also be targeted at a group of people or private property. In New York, these crimes are vigorously investigated. They are also punished more severely than comparable crimes that are not motivated by bias. If you are facing hate crime charges, it is crucial that you retain a qualified criminal defense attorney.

Do Not Risk Handling Your Case Alone

If you are facing hate crime charges, it is crucial that you avoid handling your case alone without legal representation. Every criminal defendant is entitled to a criminal defense attorney, and it is critical that you retain an attorney who will fight to protect your freedom and preserve your rights. Because hate crimes are prosecuted vigorously, you need to retain the right criminal defense attorney. The right criminal defense attorney will thoroughly examine your case and help you develop a strong defense strategy.

Possible Defenses To Hate Crime Charges

After hate crime charges are filed, it can be challenging for the prosecutor to prove their case because crimes happen for many reasons. It is not enough for a prosecutor to show that a defendant does not, for example, belong to the same religious group as the victim. Instead, the prosecution must prove that the criminal act occurred because the victim belongs to a particular religious group.

One commonly used defense in hate crime cases is “lack of evidence.” In an attempt to fight your hate crime charges, your attorney may show that the prosecution has insufficient evidence to prove its case. The prosecution must have enough evidence to prove its case beyond a reasonable doubt. Otherwise, you cannot be convicted of a hate crime.

Another possible defense to a hate crime charge is “lack of bias.” Your attorney can try to show that your actions were not motivated by the person’s gender, age, race, sexual orientation, or otherwise. Just because you were involved in a situation where the victim is, for example, of a different gender, does not automatically mean you committed a hate crime. If you committed a crime but did not commit the crime due to being biased, you should not be charged with a hate crime, even if there is a public outcry to add on the hate crime. People often demand that a crime be enhanced to a hate crime when a case involves a person who identifies with a particular color, race, religion, age, gender, disability, ethnicity, ancestry, sexual orientation, or national origin.

Lastly, if evidence was gathered in violation of your constitutional rights, that could be a defense. For example, if the police conducted a search without a legal search warrant and found evidence against you, your attorney could have that evidence thrown out of court.

Contact Us for Legal Help

If you are facing hate crime charges in New York, contact the skilled NYC criminal defense attorney, Mark I. Cohen, Esq., at 212-732-0002 to discuss your case.

Source:

nyc.gov/site/nypd/news/p00061/september-2022-crime-statistics