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Hate Crimes
Hate Crime Charges
In California, hate crime charges are governed by several provisions in the penal code. California PC 422.55 serves as a key section that defines the specific circumstances under which a crime may be considered a hate crime. These various penal codes determine whether the charge will be classified as a misdemeanor or felony. Additionally, they determine whether the hate crime charge stands alone or supplements another charge.
PC 422.55
California Penal Code 422.55 defines a hate crime not by the act itself, but by the motivation behind the crime. This code outlines the specific circumstances that can elevate a standard crime into a hate crime. This could include vandalism, intimidation, or violence. A crime is classified as a hate crime if it is driven by negative bias towards the victim’s:
- Gender
- Sexual orientation
- Physical or mental disability
- Race
- Nationality
- Religious affiliation
- Association with any groups supporting these categories
This provision is crucial because it clarifies what constitutes a hate crime, but it does not itself charge a hate crime. Instead, it defines the motivations behind a crime. Other penal codes will determine whether the crime is charged as a misdemeanor or felony.
PC 422.6
California PC 422.6 categorizes actions driven by hate as crimes in themselves. This means that an individual can be charged with a hate crime even in the absence of additional charges. Under PC 422.6, a hate crime is typically classified as a misdemeanor. For example, if an individual is found guilty of vandalizing property motivated by bias or hatred towards the victim’s race or religion, they may be charged solely with a hate crime under this section, and the charge would likely be a misdemeanor.
PC 422.7
California PC 422.7 allows for a hate crime charge to be added to an existing charge. This can escalate a misdemeanor to a felony, depending on the circumstances. For example, a charge of misdemeanor vandalism can be elevated to a felony if it is proven that the crime was motivated by bias or hatred.
Let’s say someone vandalizes a bakery. It might be a misdemeanor if the act is simply defacing property. However, if the vandalism involves hate symbols like swastikas spray-painted on the window of a Jewish-owned bakery, the addition of a hate crime charge escalates the crime to a felony.
If the original charge is already a felony, adding a hate crime charge influences the sentencing guidelines. This may lead to additional time in prison, depending on the severity of the crime.
Hate Crime Defense
Whether facing misdemeanor or felony hate crime charges, there are several ways a criminal defense attorney can assist. One of the most important aspects of a hate crime case is proving the motive behind the alleged crime. While bias is easier to prove in some cases—such as in the example of defacing property with hate symbols—it can be difficult for prosecutors to conclusively prove that hate or bias was the driving force behind other crimes.
If the prosecution fails to prove that hate or bias motivated the defendant’s actions, the hate crime charge may not stand, even if the defendant is convicted of other charges. In such cases, the defense attorney may work to reduce the sentence or reclassify a felony charge as a misdemeanor.
Even if the prosecutor succeeds in proving a hate-driven motive, there may still be ways to mitigate the charges. The defense attorney could argue that the defendant’s actions were prompted by prior incidents, provocation, or duress at the time, such as a response to immediate threats or past actions.
Charged With a Hate Crime? Contact Our Los Angeles Hate Crime Lawyer
If you have been charged with a hate crime under California Penal Code 422.6 or any other related sections, it’s critical to have a skilled criminal defense attorney by your side. Ronald Brower, with over 45 years of experience as a criminal defense attorney in Orange County, CA, has a deep understanding of the penal code and criminal justice system. His expertise will ensure that you receive the best possible defense against these serious charges.
Whether you’re facing a misdemeanor or felony, we are dedicated to fighting for your rights, challenging the evidence, and striving for the best possible outcome in your case. Contact our Los Angeles hate crime lawyer today to learn how Ronald Brower can help you defend against hate crime charges and protect your future.