Hate crimes are among the criminal offenses that gain the most attention in today’s society. It seems that any time someone is accused of committing an offense against another person of another race, religion, or gender, the media immediately labels it as a hate crime. In truth, for a court to convict a person of a hate crime, the crime needs to meet a strict legal definition.
While there is no specific criminal offense known as a “hate crime” in New York’s Penal Code, a hate crime is an aggravating factor that courts attach to otherwise illegal acts. It’s an aggravating factor that makes the underlying charge much more serious, and this is where an experienced defense attorney is invaluable. An Astoria hate crimes lawyer like Mike Schillinger may be able to work with you if you have been accused of a hate crime. He can help you fight back against the presumption that your actions were motivated by hate and combat the underlying criminal charge.
In general, a hate crime is any crime that a person commits against another because of their identity – essentially who they are. According to New York Penal Code § 485.05, this includes:
In these cases, the prosecutor must prove that a person committed a crime while motivated by one of these factors. The statute specifically states that the prosecutor must prove that the defendant committed the act because of their beliefs about the person in question. Interestingly, it does not matter if those beliefs are actually correct. For instance, if someone assaults another person because they believe that person is Arabic, but in reality that person is White, the prosecutor may still be able to charge it as a hate crime because of that motivating factor.
Further, the prosecution may also attempt to prove that the defendant committed the act simply because of who the victim is. For example, if a defendant is accused of assaulting a neighbor because that neighbor is Chinese, the prosecutor may attempt to prove that the defendant was motivated by the alleged victim’s ethnicity. Mike Schillinger is a skilled attorney in Astoria who is familiar with hate crimes, and can help you fight back against these types of claims.
There is no crime in New York’s Penal Code known specifically as a “hate crime.” Instead, a hate crime is an aggravating factor on an otherwise illegal act. An aggravating factor is something that makes an illegal act more severe.
For example, it is illegal for a person to break into another person’s home for the purpose of committing a crime. This is known as a burglary. If the prosecutor can prove that the defendant committed the crime because of one of the above motivating factors, this can make the allegations more severe.
A hate crime conviction makes the underlying charge one level more severe. For example, a simple burglary can be charged as a class D felony, but if the crime is motivated by hate, the court upgrades the charge to a class C felony. When the underlying charge is a misdemeanor, the charge may rise to the level of a class E felony. Mike Schillinger, an experienced hate crimes lawyer in Astoria, could help explain the difference in the type of felony. It’s important to understand the distinction, as this can impact potential sentencing times.
It is difficult enough to deal with a criminal charge in the Queens Criminal Court, but when the prosecutor alleges that your actions were motivated by hate, the charge becomes even more serious. A conviction could change a misdemeanor into a felony, or even require serving a mandatory minimum sentence.
Mike Schillinger is a knowledgeable Astoria hate crimes lawyer who may be able to help prevent this from happening. He represents clients in court to fight against criminal accusations and the idea that they were motivated by hate. Contact the Law Office of Michael A. Schillinger today to see how we can help you.
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