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Being Charged: Hate Crimes in New York

Facing a hate crime charge in New York is a serious situation that can affect you for the rest of your life. Prosecutors in New York often bring hate crime charges when they believe a person was threatened based on their ethnicity, race, nationality, gender, or sexual orientation, even if these factors weren't directly involved.

New York takes a strong stance against hate crimes, and the consequences of being charged or convicted can be severe. If you find yourself in this situation, it's crucial to reach out to a skilled New York hate crimes lawyer who can help defend you. The Law Office of Dusenberry & Dusenberry has successfully defended many cases with hate crimes charges.

What is a Hate Crime?

In New York, hate crimes are defined in NY Penal Law §485.05. Essentially, a hate crime occurs when a crime is committed against someone because of their perceived race, color, national origin, ancestry, gender, religious practice, age, disability, or sexual orientation.

The New York Hate Crime Act of 2000 was enacted to address the serious impact of hate crimes. The legislature stated that hate crimes not only harm individuals but also send a powerful message of intolerance and discrimination to entire groups. Such crimes can intimidate and disrupt communities.

Types of Discrimination

According to the law, a person can face hate crime charges if the alleged crime was motivated by the victim belonging to certain groups, including:

  • age (60 or older)

  • ancestry

  • color

  • disability (mental or physical)

  • gender

  • national origin

  • race

  • religion/religious practices

  • sexual orientation.

    Being charged with a crime against someone based on these characteristics is not only illegal but also carries a social stigma.

Hate Crimes in New York

Numerous criminal offenses, ranging from felonies to misdemeanors, have the potential to be considered hate crimes. A criminal defense lawyer in New York can help defend against charges such as assault, aggravated assault, aggravated sexual assault, burglary, criminal mischief, harassment, homicide, kidnapping, rape, and robbery.

Legal Penalties for Hate Crimes

Being charged with a hate crime in New York can result in increased criminal penalties, as the prosecutor will seek enhanced punishments and higher, more serious charges. A hate crime is considered an aggravating factor, leading to punishments a degree higher than the original crime. For instance:

  • A Class B Misdemeanor may be punished as a Class A misdemeanor.

  • Class A misdemeanors are treated as Class E Felonies.

  • Class E felonies become Class D felonies.

  • Class D felonies become Class C felonies.

  • Class C felonies become Class B felonies.

New York Hate Crimes Lawyer

Hopefully, this article has explained some of the dangers of Hate Crimes charges and enhancements. With that in mind, I look forward to speaking with anyone and everyone who has read this article and wants to learn more.

Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION.

Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.

Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.

Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.

Web: Dusenberrylaw.com

M Dusenberrycriminal defense, hate crime, sentencing, enhancement