What Constitutes a Hate Crime in Tennessee?
Crimes motivated by bias or hate toward the other person’s religion, race, color, ethnicity, gender, gender identity, or other characteristics are harshly prosecuted both on the state and federal levels. However, many people don’t understand what constitutes a hate crime and when you can face charges for acting with bias or hate toward another person.
At Moreland Law Firm, we understand the serious and sensitive nature of hate crime allegations. Our criminal defense attorney in Nashville, Tennessee, fights hard for clients to get the best possible outcome in their situation.
What Is a Hate Crime?
The term “hate crime” refers to any violent crime that one commits based on bias against a particular characteristic, such as color, race, national origin, religion, gender, gender identity, or sexual orientation. In other words, if a crime of violence is motivated by the offender’s bias against the alleged victim’s characteristic, it can be considered a hate crime. As a result, the offender may face criminal charges for the violent crime itself plus hate crime enhancements that make the penalties even more severe.
Fact: According to the U.S. Department of Justice, of more than 13,300 hate crimes, nearly 60% were motivated by bias toward race, ethnicity, and ancestry.
What Acts Can Be Considered Hate Crimes?
If a person commits any of the following acts based on the other person’s race, gender, or any other characteristic, they can face charges for the committed act in addition to the hate crime enhancement:
Assault
Battery
Murder
Robbery
Kidnapping
Arson
Rape
Vandalism
If the government can prove that you were guilty of a hate crime, your misdemeanor charge could be elevated to a felony. This can instantly increase the severity of the punishment.
How Can the Government Prove a Hate Crime?
In most cases, the government may have a hard time proving that a violent crime was motivated by bias unless the act was caught on surveillance camera footage where it’s clear that the defendant expressed hate toward the victim’s characteristic. However, the government may rely on circumstantial evidence to prove that the act meets the definition of a hate crime. Some of the examples of evidence that could be used include:
The defendant and the victim are of different races, ethnicity, national origin, or color
The defendant left bias-related evidence at the crime scene (symbols, drawings, graffiti, etc.)
Witnesses heard the defendant make bias-related comments to the victim before the act
The victim demonstrated written or verbal comments (e.g., text messages, social media comments, or audio records) they received from the defendant before the act
This is a non-exhaustive list of evidence that the government could use to justify the hate crime enhancement against the defendant. If the government lacks the necessary evidence to prove that the act was motivated by bias but still pushes hate crime enhancement in your case, you might want to consider getting legal counsel. A criminal defense attorney will work tirelessly to challenge the government’s allegations and show that your actions weren’t based on bias or, if applicable in your case, prove that you didn’t commit a crime altogether.
Penalties and Consequences of Hate Crimes
The penalties for hate crimes in Tennessee can be severe, reflecting the serious nature of these offenses. When a crime is classified as a hate crime, it can carry additional penalties beyond those typically associated with the offense. This can include longer prison sentences, larger fines, and additional charges. If you are facing hate crime charges, you might want to contact an attorney to discuss the potential penalties in your specific case.
The consequences of being found guilty of a hate crime extend beyond legal penalties. There can be social and personal repercussions as well. A conviction can lead to a lasting stigma that affects an individual's reputation, employment opportunities, and relationships within their community.
Defending Against Hate Crime Allegations
Individuals facing hate crime allegations in Tennessee need to be proactive in their defense. The complexities of hate crime charges require quick action and a strategic approach, focusing on challenging the evidence and questioning the prosecution's interpretation of intent. Understanding the legal system and the specific nuances of hate crime laws can make a major difference in the outcome of a case.
Building a defense against hate crime charges often involves gathering evidence that contradicts the prosecution's claims. Depending on the facts of your case, this could include witness statements, character references, and any documentation that challenges the narrative of bias or prejudice. You might want to consult with an attorney to understand the defense strategies available to you.
Facing Hate Crime Allegations? Contact Us Now
If you believe you are under an investigation for a crime motivated by bias or hate or are facing criminal charges with a hate crime enhancement, time is not on your side. Consider speaking with an attorney who can aid your defense and attempt to dismiss the charges or, at the very least, reduce your sentence. With years of experience providing violent crime defense in Tennessee, our attorney at Moreland Law Firm will treat your case with attention to detail, consideration, and concern. Get in touch today to schedule a free case evaluation.