Top Oaklyn, NJ Hate Crime Lawyers Near You
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Criminal Cases Require An Aggressive Lawyer Who Knows The Court. With Years of Experience in New Jersey, Attorney Michael Smolensky Will Fight to Protect Your Rights.
306 West Somerdale Road, Voorhees, NJ 08043
1040 Mantua Pike, Wenonah, NJ 08090
13 West Avenue, The Opera House, Woodstown, NJ 08098
519 Market, PO Box 1067, Camden, NJ 08101
1847 Route 70 East, Cherry Hill, NJ 08003
1930 Route 70 East, Cherry Hill, NJ 08003
21 Grant Street, Mount Holly, NJ 08060
95 South Broadway, Pennsville, NJ 08070
89 Haddon Avenue, Haddonfield, NJ 08033
151 Greentree Road, Marlton, NJ 08053
16000 Commerce Pkwy, Suite B-1, Mount Laurel Township, NJ 08054
1010 Kings Highway South, Building 2, Cherry Hill, NJ 08034
105 High Street, Mount Holly, NJ 08060
457 Haddonfield Road, Cherry Hill, NJ 08002
330 Market Street, Camden, NJ 08102
1415 Marlton Pike East, #400, Cherry Hill, NJ 08034
3000 Atrium Way, Suite 200, Mount Laurel, NJ 08054
203-205 Black Horse Pike, Haddon Heights, NJ 08035
6 White Horse Pike, Suite 2D, Haddon Heights, NJ 08035
231 Crosswicks Road, Suite 14, Bordentown, NJ 08505
225 W. Front St., Florence, NJ 08518
511 Market Street, Camden, NJ 08102
411 Route 70 East, Cherry Hill, NJ 08034
38 North Haddon Avenue, Suite 100, Haddonfield, NJ 08033
100 Century Parkway, Suite 200, Mount Laurel, NJ 08054
Oaklyn Hate Crime Information
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What Is a Hate Crime?
A hate crime, or bias crime, is typically referenced as an offense that involves targeted persecution (often physical, but also emotional or psychological) of an individual for their (perceived or real) membership in a particular religious, racial, ethnic, gender or LGBTQ group. Some states, also protect political affiliation under state-level hate crime or bias crime statutes.
An individual committing assault against a victim due to the victim being an observant Muslim, a religion for which the offender has demonstrated deep-seated animosity, would qualify as a hate crime for example.
Types of Hate Crimes
A hate crime is an unlawful act motivated by bias based on race, religion, ethnicity, sexual orientation, gender, gender identity or disability. A “hate” offense is not in and of itself a crime, but the charge enhances the possible penalties. Once the prosecutor has proved that a defendant committed a crime and the offense was motivated by hate toward a specific group or characteristic, the severity of the punishment increases.
What States Don’t Have Hate Crime Laws?
While hate crimes are federally mandated laws, three states — namely Wyoming, South Carolina and Arkansas — do not carry state-level hate crime or bias crime statutes.
Is a Hate Crime a Felony?
At the federal level, hate crimes are generally classified as felonies given that there is a requisite harming, or serious attempt to do harm, to a victim. The punishment for a hate crime depends on the severity of the offense. If the assault results in the death of the victim, an attempt to kill the victim, aggravated sexual abuse of the victim or kidnapping — the maximum penalty can include life imprisonment. Otherwise, the maximum penalty is no more than 10 years in jail.
State level laws vary in the handling of hate crimes or bias crimes, with most jurisdictions allowing both misdemeanor and felony charges related to hate crimes. In some states, all hate crimes are considered to be felonies, while in others, hate crimes can either be classified as misdemeanors or as felony offenses.
The penalty for misdemeanor hate crime-related charges typically reaches a maximum of one year in county jail in addition to restitution or monetary fines, while those convicted of felony hate crime-related charges could face up to 10, 15 or even 20 years imprisonment, depending on the particulars of their offense.
How Is a Hate Crime Different From Other Crimes?
A hate crime differs from other categories of crime in two particularly ways.
First, the majority of other crimes focus their requisites in the realm of individual rights, responsibilities and the relationship between the offender and the victim outside of most sociopolitical framing. Hate crimes, rely almost entirely on the necessity for the offender to have an ideological reason (based on a deeply rooted bias or hate for one or more of the victim’s identity or biological groups) to motivate their criminal actions.
Second, hate crime-related charges are typically sought as penalty enhancements rather than as stand-alone charges. It is rare to see hate crime charges alone, rather than with other offenses such as assault, attempted murder or murder, sexual abuse and battery. Hate crime-related charges allow prosecutors, in most jurisdictions, to seek escalated penalties for the alleged perpetrator in response to the severity and maliciousness of their offense(s).
Have You Been Charged With a Hate Crime?
If you are convicted of a hate crime, your punishment can be increased and you could face serious time in prison. Call a Chicago attorney skilled in the defense of hate crimes to ensure you receive the best representation and avoid being sentenced to an enhanced penalty.
What to Do if Facing Federal Hate Crime Charges
If you are facing federal hate crime charges, it is strongly advised that you seek the services of an experienced criminal defense attorney at your earliest convenience.
Not only can retaining skilled and attentive legal counsel increase your odds of avoiding a conviction for hate crime-related charges, but also, in the event that taking your case to trial may prove disadvantageous, your lawyer will be best equipped to negotiate any potential plea deal on your behalf.
A conviction on charges related to hate or bias crimes is a serious matter, leaving you with a criminal record. For these reasons, among others, it is vitally important to retain adequate legal counsel.