New York Hate Crimes Defense Attorney

Facing a hate crime charge in New York can be a stressful experience involving concerns over potential consequences such as penalties, fines, and a permanent criminal record. Additionally, the sensitive nature of these charges requires skilled legal representation.

As a former New York City Prosecutor, attorney Mehdi Essmidi understands both sides of the courtroom. He knows how prosecutors build their cases and uses this insight to anticipate their strategies and build strong defenses for his clients. Don’t hesitate to reach out for a free consultation.

Understanding Hate Crimes

Hate crimes are motivated by hatred toward particular groups. They are not a standalone charge in NY but an enhancement to an existing crime. For instance, if someone is charged with assault, and it’s determined that it was motivated by bias, this person could face additional penalties under hate crime laws. Common hate crimes include assault, harassment, stalking, false reporting, disorderly conduct, property damage, sexual abuse, and murder.

Hate crimes are committed against individuals or property due to prejudice, bias, or discrimination. These charges are committed or intended to be committed against a person, in whole or in substantial part, due to the victim’s color, gender, national origin, race, ancestry, religion, age, disability, sexual orientation.

These offenses can range from felonies to misdemeanors and can include menacing, burglary, criminal mischief, and protesting related charges if motivated by the victim’s protected characteristics.

18 USC § 249 Federal Hate Crimes

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act makes it a federal crime to willfully cause bodily injury or attempt to do so using fire, a firearm, a dangerous weapon, or an explosive device because of a protected characteristic. 

For crimes involving kidnapping, attempted murder, aggravated sexual abuse, or resulting in death, the penalty can be life imprisonment. The maximum penalty for other offenses under this law is ten years imprisonment.

NY Penal Code 485.05 Hate Crimes

In New York State, hate crimes are defined under Penal Code 485.05. A person commits a hate crime when they intentionally select a victim based on their perceived race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation and commit a specified offense against them.

New York law covers offenses including assault, manslaughter, murder, stalking, and menacing. The penalties for these crimes are increased if they’re prosecuted as hate crimes. For instance, if a conviction of a Class E felony is determined to be a hate crime, it’s treated as a Class D felony with harsher penalties.

2024 Updates to New York Hate Crime Laws

2024 updates to New York’s hate crime laws have changed how these crimes are prosecuted. These modifications provide stronger protections and stricter penalties. 

Expanded Offenses

The updates to New York’s hate crime laws have broadened the scope of offenses that can be classified as hate crimes. Key changes include:

• Inclusion of gender identity and expression as protected categories
• Expansion of cyberbullying and online harassment provisions
• Inclusion of bias-motivated property damage as a potential hate crime
• Inclusion of falsely reporting an incident as a hate crime when misusing law enforcement to target specific communities
• Classification of serious violent offenses such as murder and rape as hate crimes when bias is a motivating factor

These changes mean that more actions may be prosecuted as hate crimes, potentially leading to more severe consequences for offenders.

Enhanced Penalties

Along with the expanded list of offenses, the 2024 updates have also introduced enhanced penalties for hate crimes. Notable changes include:

• Increased minimum sentences
• Higher fines for individuals and organizations found guilty of hate crimes
• Mandatory bias awareness training for offenders

These enhanced penalties can significantly impact the outcome of your case if you’re facing hate crime accusations. The Law Offices of Mehdi Essmidi can provide the aggressive defense you need in light of these new legal developments. Contact us today to explore your options.

Common Hate Crime Defenses

Successfully defending against hate crime arrests requires a thorough understanding of both the underlying offense and the hate crime enhancement. Some common defenses include:

Lack of evidence: The prosecution must prove beyond a reasonable doubt that you committed the underlying offense and that it was motivated by bias or prejudice. If there’s insufficient evidence to support evidence, it could affect the prosecution’s case.

Constitutional defenses: In some cases, the constitutionality of the hate crime laws under which you’re charged may be contested.

Lack of intent: The prosecution must prove that you intentionally selected the victim based on their perceived race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. If they cannot prove this intent, the hate crime enhancement may not apply.

Contact Us for a Free Consultation

If you’re facing hate crime accusations, you need an experienced New York hate crimes defense attorney. Former prosecutor Mehdi Essmidi has a proven track record defending clients against criminal charges.

With the right legal representation, it’s possible to fight these charges effectively and secure the best possible outcome for your situation. Contact The Law Offices of Mehdi Essmidi today for a free consultation.

Frequently Asked Questions

What are the penalties for a hate crime conviction?

The immediate consequences of a hate crime conviction depend on the nature of the underlying offense and whether it’s prosecuted under state or federal law. Hate crimes are not standalone charges but enhancements to existing charges. Convictions can significantly increase the penalties for the underlying offense.

What should I do if I am facing hate crime allegations?

If you are facing hate crime allegations, consult a New York hate crimes defense attorney as soon as possible. Crime allegations related to offenses motivated by bias carry severe consequences, and a strong legal defense may challenge the prosecution’s claim that the alleged crime was committed with discriminatory intent.

Can hate crimes apply to property damage?

Certain property-based offenses, such as criminal mischief or grand larceny, may be considered hate crimes if motivated by bias related to national origin, ancestry, gender, religion, or other protected characteristics under New York law.

Is a hate crime different from an offense?

A hate crime charge is an enhancement applied to an underlying offense. For example, an alleged crime like a violent felony may become a hate crime if it was motivated by the victim’s race, national origin, or religious practice. This enhancement increases potential penalties upon conviction.

How do hate crimes aggravate other offenses?

This enhancement applies to a wide range of offenses, including assault, harassment, stalking, and property damage. It also applies to both misdemeanors and felonies. Therefore, even if you’re charged with a minor offense, the penalties could be increased if prosecuted as a hate crime.

In New York, an underlying offense that would normally be a Class E felony may be elevated to a Class D felony, and a Class C felony could be increased to a Class B felony if it can be proved that the crime was motivated by hate. The severity of the sentence depends on the charges and the specific details of the alleged act. 

Given these severe consequences, it’s crucial to have an experienced attorney on your side if you’re facing hate crime accusations.