What To Do If Charged With A Hate Crime in Arizona?

What Constitutes a Hate Crime

Hate crimes are criminal acts committed against individuals or property that are motivated by bias or prejudice against specific characteristics of the victim, such as race, religion, ethnicity, sexual orientation, or gender identity.

However, being accused does not mean you are guilty. Misunderstandings, mistaken identities, or unfounded accusations can lead to wrongful charges, impacting innocent lives.

Hate crimes are predominantly handled and prosecuted by state and local authorities. A significant number of states have passed legislation explicitly addressing hate crimes. The traits protected under these laws and the consequent penalties for hate crimes differ from one state to another.

Arizona’s Approach to Hate Crimes

In Arizona, there is no separate charge for hate crimes, but biased motives can lead to enhanced penalties under specific circumstances, per ARS § 13-701(D)(15). This means that if a crime is motivated by prejudice, the legal consequences can be significantly more severe.

However, it’s important to remember that the burden of proof lies with the prosecution. They must prove beyond a reasonable doubt not only that the crime occurred but also that it was motivated by bias.

Understanding Hate Crimes and Associated Charges

Typically, hate crimes are recognized not as standalone offenses but as aggravating factors that elevate the severity of other crimes.

When motivated by prejudice or bias, the following offenses can lead to more severe charges:

• Assault and Aggravated Assault: Assault typically involves intentionally causing fear of physical harm or engaging in physical contact to provoke or injure another person. When an assault is driven by bias and results in significant injury or uses a weapon, it may escalate to aggravated assault, carrying more severe penalties.
• Battery: Though often paired with assault, battery specifically refers to unlawful physical acting upon a threat, typically involving direct physical contact with another person without their consent.
• Harassment: Harassment encompasses a range of behaviors intended to threaten, annoy, or alarm another person. When these actions are motivated by discrimination, they can constitute a hate crime, leading to more serious legal consequences.
• Disorderly Conduct: This offense involves actions that disrupt the peace, such as loud arguments, fighting, or disruptive behavior in public spaces. If motivated by bias, such acts can be elevated to hate crimes.
• Criminal Trespass: Entering or remaining unlawfully on someone’s property constitutes criminal trespass. When this action is driven by an intent to intimidate or harm someone based on bias, it can be treated as a hate crime.
• Criminal Property Damage: This refers to intentionally damaging another’s property. When such destruction is motivated by hate, it falls under the hate crime category, warranting stiffer penalties.
• Theft: The act of unlawfully taking someone else’s property, when motivated by bias or hate, transcends mere robbery and can be prosecuted under hate crime statutes, reflecting the egregious nature of the offense.

The Impact of Allegations

We understand that being accused of a hate crime goes beyond legal challenges; it can affect your reputation, your relationships, and your peace of mind. Remember, an accusation is not a conviction. Everyone deserves a fair trial and the opportunity to clear their name, and that’s where we come in.

Strategies for Defending Against Hate Crime Charges

In addressing hate crime charges, several defense strategies can be employed. These strategies can potentially lead to a full acquittal or may result in the charges being downgraded from a hate crime to a more common criminal offense:

Absence of Intent to Harm

One defense is proving that there was no intention to harm the alleged victim. This strategy involves demonstrating that any injury caused was accidental or that there was no malicious intent behind the actions, undermining the prosecution’s claim of a hate-motivated crime.

No Use of Weapons or Explosives

Asserting that no firearms, dangerous weapons, or explosive materials were used during the incident can significantly impact the case. This defense can argue that the offense’s severity is less than claimed, especially since using such items often escalates a crime to a more severe classification.

Lack of Participation in Group Activity

If a group committed the alleged hate crime, a valid defense could prove that, although present, you did not participate as an accomplice or co-conspirator in the criminal activity. Demonstrating non-involvement or lack of support for the actions taken can distance you from the hate crime allegations.

No Bias-Motivated Targeting

Another crucial defense is showing that the victim was not targeted based on any actual or perceived protected characteristic, such as race, religion, or sexual orientation. This involves arguing that the incident was not motivated by bias but rather resulted from a misunderstanding or unrelated dispute, thereby challenging the classification as a hate crime.

Utilizing these defense strategies requires a nuanced understanding of the law and the case’s specifics. Each strategy focuses on undermining critical aspects of the prosecution’s argument, aiming to clear the accused of the hate crime charges or reduce the severity of the charges they face.

How Litwak Law Group Can Assist You

Facing a hate crime allegation can be an overwhelming experience, but you don’t have to go through it alone. Litwak Law Group is committed to providing empathetic, expert legal defense to those accused of hate crimes in Arizona. We understand the stakes and are here to help clear your name while protecting your rights.