Hate crime laws have been somewhat controversial since they were put into place. Here we will go over the specifics of what makes a hate crime different from other types of crime. If you are charged, we are here.
Hate Crime Classification
The key to hate crime classification is the motivation of the person accused of the crime. If the criminal act was motivated simply by the defendant’s prejudice or hatred of the victim because of the victim’s perceived race, religion, ethnicity, or sexual orientation, the criminal act qualifies as a hate crime. Therefore, it is an essential element for the reclassification of crimes as a hate crime that the record reflects that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section. We are here to help. Call if you have any questions.
Under Florida Statute § 775.085, Fla. Stat. and § 775.0863, Fla. Stat., a crime can be aggravated based on proof that the victim was selected based on prejudice. The elements of this accusation require proof beyond all reasonable doubt of the following elements:
- The defendant perceived, knew, or had reasonable ground to perceive or know (victim’s) [race] [color] [ancestry] [ethnicity] [religion] [sexual orientation] [national origin] [homeless status] [mental or physical disability] [advanced age]; and
- The defendant intentionally selected (victim) because of that perception or knowledge.
Criminal Lawyer West Palm Beach
Here at avid Olson Law, we make our clients out to priority. We also know that every case is different, and we take the time to review any case. Our doors are always open. Call today.