Back to Practice Area: Criminal Defense

Hate Crimes

Being accused of a hate crime in New York is an incredibly serious matter that requires immediate, skilled legal representation. Hate crimes carry significant legal and social consequences, as they are considered offenses not only against an individual but against society as a whole. At Hacker Murphy, we are committed to providing aggressive, compassionate, and strategic defense for clients facing hate crime allegations.

What Are Hate Crimes?

A hate crime in New York involves the commission of a criminal act against a person, group, or property that is motivated in whole or in part by bias or prejudice. These crimes target victims based on characteristics such as race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation.

Increase in Hate Crime Allegations

In recent years, hate crime allegations have risen nationwide, including in New York, reflecting heightened awareness, societal tension, and broader enforcement efforts. The FBI’s 2022 Hate Crime Statistics show a steady increase in reported hate crimes, with racial bias accounting for over 60% of incidents nationally. Religious bias crimes have seen an uptick, particularly against Jewish and Muslim communities, and LGBTQ+ bias crimes remain a significant portion of reported incidents. These trends indicate an increasingly vigilant approach to identifying and prosecuting hate crimes, underscoring the importance of robust legal defense.

Are Hate Crimes State or Federal?

Hate crimes can fall under both state and federal jurisdiction, depending on the specifics of the offense and its impact. While most hate crimes are prosecuted at the state level, severe or high-profile cases may escalate to federal jurisdiction. A defense strategy requires understanding both systems, and Hacker Murphy’s experience in state and federal courts ensures comprehensive representation, no matter where the case is prosecuted.

State Hate Crimes

  • Most hate crimes are prosecuted at the state level, typically handled by local district attorneys and prosecuted in state courts.
  • Statutes like New York Penal Law 485.05 define hate crimes as offenses motivated by a bias against the victim’s race, ethnicity, religion, sexual orientation, gender, or other protected characteristics.
  • A hate crime occurs when someone intentionally selects a victim or property based on their perception or belief about one of these characteristics—whether that belief is correct or not.
  • In New York, hate crimes are often categorized as an enhancement to underlying charges, amplifying the seriousness of the offense and increasing the penalties (e.g. moving a misdemeanor to a felony or increasing the severity of a felony charge).

Examples of hate crimes in New York include:

  • Violent offenses: Assault, menacing, or murder.
  • Sex crimes: Rape, sexual abuse, or criminal sexual acts.
  • Property crimes: Criminal mischief, arson, or trespassing.
  • Coercion or harassment: Stalking or aggravated harassment.
  • Theft-related crimes: Robbery or grand larceny.

Federal Hate Crimes

Hate crimes fall under federal jurisdiction when they involve:

  • Crossing state lines to commit the offense.
  • Federal property or federally protected activities (e.g., voting or attending school).
  • Specific federal laws, such as:
    • The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009), which expanded the definition of federal hate crimes and criminalized violence motivated by bias. 
  • Federal agencies like the FBI may get involved, and these crimes are prosecuted by the U.S. Department of Justice.

Defending Against Hate Crime Allegations

Defending against a hate crime accusation requires a multifaceted approach tailored to the specific charges. To build a strong defense, our skilled legal team employs strategies such as:

  • Challenging intent and motivation: Prosecutors must prove beyond a reasonable doubt that the alleged crime was motivated by bias. We carefully examine evidence to challenge the narrative of intent and protect your rights.
  • Questioning evidence and testimony: Hate crime cases often rely on witness statements or circumstantial evidence. Our attorneys scrutinize every detail, exposing inconsistencies or weaknesses in the prosecution’s case.
  • Negotiating reduced charges: By demonstrating lack of intent or bias, we work to have hate crime charges downgraded to the underlying offense, significantly reducing potential penalties.
  • Presenting mitigating factors: If a case proceeds to sentencing, we advocate for reduced penalties by highlighting mitigating circumstances, such as lack of prior criminal history or the absence of malicious intent.

Sentencing for Hate Crimes

New York law imposes harsher penalties for hate crimes. Under NY Penal Code 485.10:

  • If the underlying offense is a violent felony, the hate crime is also deemed a violent felony, potentially increasing the severity of the punishment.
  • If the underlying offense is a misdemeanor or a Class C, D, or E felony, the hate crime is elevated by one category higher than the original offense.

This escalation means that even relatively minor charges can result in serious penalties, including extended prison terms, fines, and mandatory hate crime prevention programs.

Why Choose Hacker Murphy Law?

Facing hate crime charges is not only a legal challenge but also an emotional and reputational ordeal. At Hacker Murphy, we provide nonjudgmental, steadfast legal representation to protect your rights and fight for your future. Here’s why clients trust us:

  • Decades of experience: Our team has a proven track record of success in defending clients against serious criminal charges, including hate crimes.
  • Strategic expertise: We understand the complexities of hate crime law in New York and know how to navigate these cases effectively.
  • Compassionate counsel: We treat every client with respect and care, recognizing the profound impact these charges can have on your life and reputation.

If you or a loved one is facing hate crime allegations, it is critical to secure skilled legal representation as soon as possible. Call Hacker Murphy at (518) 284-3183 or contact us online to schedule a confidential consultation. Our attorneys are available 24/7 to provide guidance, answer your questions, and begin crafting a defense strategy tailored to your case.