A hate crime is a crime committed against someone based on their race, religion, sexual orientation or other qualities subject to discrimination. Hate crimes typically, though not always, involve some form of physical violence or intimidation.
Hate Crime Statistics
According to the Federal Bureau of Investigation, in 2015:
- There were 5,818 “single-bias incidents” involving 7,121 victims in the United States.
- In those incidents, nearly 60 percent were targeted because of a race/ethnicity/ancestry bias.
- Nearly 20 percent of victims were targeted because of a religious bias.
- Over 17 percent were targeted because of a sexual orientation bias.
- 1.7 percent were targeted because of a gender identity bias.
Hate crime legislation in Kentucky has long been a point of contention among our lawmakers. Our officials have debated the merits of laws that address crimes against specific groups. They have grappled with issues that relate to crimes committed against groups based on their sexual orientation and crimes committed against police officers. Some lawmakers have even suggested that we do away with these laws entirely. These debates will likely continue in the years to come and, thus, the laws are subject to change.
Being accused of a hate crime presents many challenges for a defendant. In addition to the legal implications, the accused might also face societal judgment, distancing them from their community and their loved ones. The criminal defense lawyers at Dan Carman and Attorneys believe that everybody deserves fair treatment under the law, regardless of the charges levied against them. To speak to one of our attorneys, contact us today.
Kentucky Laws Addressing Hate Crimes
Kentucky has laws protecting people from crimes based on prejudice against someone’s race, religion, sexual orientation or national origin. Judges are granted the power to determine whether a crime falls under the classification of a hate crime. The statute granting this power is included in KRS 532.031, which states:
At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant.
The statute says that if a judge finds a hate crime has occurred, that determination may be used “as the sole factor for denial of probation, shock probation, conditional discharge, or other form of nonimposition of a sentence of incarceration.” If a defendant is found guilty of a hate crime, the Kentucky Parole board may use that finding in their considerations for delaying or denying parole to a defendant.
While state laws are often used to prosecute someone accused of a hate crime, federal laws also address the issue of hate crimes. Several acts have been passed by federal lawmakers that address different types of hate crimes. It is possible for cases involving hate crimes to be handled by federal prosecutors in federal courts.
A Defense Against Hate Crimes
Criminal defense attorneys investigate a client’s case from every angle to determine the best defense. An attorney might find that their client was wrongfully arrested or wrongfully accused of the alleged crime. They might also seek to prove that a crime wasn’t motivated by prejudice and, thus, should not be categorized as a hate crime. Every case is different, and the methods used by a skilled criminal defense lawyer will depend on their client’s circumstances.
For those charged with a hate crime, it is best to retain the services of an attorney as soon as possible. An attorney can take immediate action to help their clients following an arrest. The longer a defendant waits to call an attorney, the more opportunities they give prosecutors to build a case against them.
How Dan Carman and Attorneys Can Help
If you or a loved one has been accused of a hate crime, you might feel as though you have few places to turn for help. Our attorneys fight to make sure that our clients are treated fairly. We have attorneys located throughout Kentucky and we will respond quickly to your calls. Don’t hesitate to contact Dan Carman and Attorneys for legal assistance.
