Hate crimes are one of the most harshly prosecuted offenses in California, attracting substantial public attention and enhanced penalties. Not only do these crimes affect individual victims, but they also impact entire communities. California has taken a firm stance on crimes motivated by hate, with comprehensive laws aimed at discouraging such behavior and safeguarding vulnerable groups.
If someone accuses you of a hate crime, understanding what to expect is crucial. This blog helps you understand California hate crime laws and what they say about penalties you can face if convicted and defenses you can use to avoid a conviction. Above all, you need to contact an experienced criminal defense lawyer to protect your rights through the criminal process.
What Are the California Hate Crime Laws?
Hate crimes refer to offenses motivated by prejudice against an individual due to personal characteristics such as gender or race.
Sections 422.75, 422.7, 422.6, and 422.55 of the California Penal Code (PC) are hate crime statutes. Each of these laws establishes an essential aspect of hate crimes. PC 422.55 lists the individual characteristics safeguarded against hate crimes. PC 422.6 describes hate crime as a standalone offense. Sections 422.7 and 422.75 set enhanced sentences for those found guilty of violating hate crime laws contingent on whether their violations are felonies or misdemeanors.
Penal Code Section 422.55 Hate Crime Definition
PC 422.55 provides the legal meaning of a hate crime as criminal conduct perpetrated in part or whole against someone, which is fueled by bias against that person's certain perceived or actual characteristics. Per this law, these characteristics are:
- Gender
- Disability
- Ethnicity or race
- National origin or nationality
- Sexual orientation
- Religion
- Association with an individual or people with one or several of these perceived or actual characteristics.
“Actual characteristics” means that the defendant acted with bias or ill will due to the victim's actual status regarding gender, nationality, disability, or any of the characteristics mentioned above. Put otherwise, a person commits a hate crime if they commit an offense simply due to the victim's characteristics.
“Perceived characteristics” means the defendant can be convicted of a hate crime even if the victim lacks any of the above traits. That is true provided the accused person perceived or believed the victim possessed one of the above characteristics.
Consider this example: Ross sexually assaults a lady he believes is a person of color. He does so solely based on the lady's race. However, it later turns out that the lady is not a person of color. Nevertheless, since Ross perceived the lady to be a person of color, he is guilty of violating hate crime laws.
The phrase “in part or whole” means a forbidden prejudice against a victim may or may not be the sole motivating element for the supposed offense. For example, say you commit a battery that is partly motivated by the victim's ethnicity or race and also partly motivated by their offensive comments towards you. In this case, a judge can convict you of a hate crime fueled by racial bias.
A judge cannot find you guilty of a hate crime under PC 422.55 unless you have committed some kind of underlying violation. That means that even though someone may show hatred or ill will toward a particular characteristic, they violate hate crime laws only if they commit an illegal act against an individual with that specific characteristic.
Penal Code Section 422.6, Standalone Hate Crime Law
PC 422.6 is the statute that makes it a standalone crime for someone to perpetrate a hate crime. Section (a) of PC 422.6 provides that using threats of force or actual force to intentionally hurt, interfere with, intimidate, threaten, or oppress someone in the enjoyment or exercise of any privilege or right secured to them by state laws or the U.S. Constitution is illegal.
Further, per Section (b) of PC 422.6, it is considered a violation of hate crime laws to consciously damage, destroy, or deface the personal or real property of someone else for the purposes of interfering with or intimidating the free enjoyment or exercise of any privilege or right secured to them by California law or the U.S. Constitution.
Hate Crime Prosecution
To be found guilty of violating a hate crime law, the prosecuting attorney must prove multiple elements based on the kind of hate crime they have charged you with.
For the judge to sentence you for a hate crime under Section (a) of PC 422.6 (interfering with a victim's civil or constitutional rights or privileges through force), the prosecution must demonstrate the following elements:
- You used actual force to intentionally interfere with the victim's constitutional or civil rights
- You did that, in part or in whole, depending on the victim's perceived or actual protected characteristics.
- You meant to impede the victim's constitutionally protected rights and privileges.
To be found guilty of a hate crime under Sections (a) and (c) of PC 422.6 (interfering with the victim's civil or constitutional rights by threats), the D.A. must prove the following:
- You threatened to use violence against the victim
- You appeared capable of executing the threat
- You used that threat to impede or intimidate the victim's or victims’ privileges or rights
- You did that in part or in whole due to the victim's or victims' actual or perceived protected characteristics
- You meant to hurt, interfere with, or intimidate the victim's or victims' privileges or rights
For the judge to convict you of a hate crime under Section (b) of PC 422.6 (interfering with the victim's civil or constitutional rights by destroying property), the D.A. must successfully demonstrate that you:
- Knowingly damaged, destroyed, or defaced personal or real property possessed, used, occupied, or owned by the victim
- You did that to interfere with the victim's privileges and rights
- Did that due to the victim's protected characteristics
- Intended to destroy the property
The policy governing 422.6 PC is to safeguard every person's integrity from violence. Violating PC 422.55 or any of the 422.6 PC sections is considered a misdemeanor punishable by a county jail sentence of up to 12 months, community service for 400 hours, and a fine not exceeding $5,000.
PC 422.7, Hate Crime Sentence Enhancement
Section 422.7 of the Penal Code imposes additional penalties on a defendant found guilty of any misdemeanor that is also considered a hate crime. Particularly, the prosecution must demonstrate the following elements for the judge to impose a sentence enhancement under 422.7 PC:
- You committed and were found guilty of a misdemeanor violation
- The offense you perpetrated is considered a hate crime under 422.55 PC
- You perpetrated the crime to impede the victim's exercise of their legal rights or privileges
- Any of these applies:
- The misdemeanor caused physical harm or happened when you possessed the present capability to perpetrate violent harm against the supposed victim
- Your actions inflicted property damage worth more than $950
- You had been found guilty of violating hate crime laws before
Violating this law is considered a wobbler crime. Wobblers are crimes that the prosecution can prosecute as misdemeanors or felonies, depending on the defendant’s criminal history and case facts. If convicted of a misdemeanor, you will be subject to up to 12 months in jail and a court fine of $10,000. If found criminally liable for a felony violation, the crime carries a prison term of no more than 3 years and a court fine not exceeding $10,000.
PC 422.75, Penalty Enhancement of Hate Crimes
PC 422.75 imposes more penalties on a defendant whenever they are found guilty of a felony considered a hate crime. Put otherwise, an accused person will be subject to increased penalties under 422.75 PC when they perpetrate a felony motivated by unauthorized bias (per 422.55 PC).
Regarding sentencing enhancement, you may face a sentence increase if found guilty of a felony hate crime that interferes with someone else's civil or constitutional rights and leads to first-degree murder under PC 190.03. In this case, the D.A. must prove the following:
- You were prejudiced against the victim contingent on their perceived or actual protected characteristic.
- This prejudice made you commit murder.
If found criminally liable for a felonious act that the law also considers a hate crime, you will be subject to a prison term for your underlying felony and another penalty for the conviction of the hate crime.
- Felony hate crime. Should the judge convict you of a hate crime that is considered a felony, you may face an additional 1, 2, or 3 years in prison (422.75 PC)
- Prior convictions for a felony hate crime. If you have been found guilty before of a hate crime considered a felony, you may be subject to an additional 12 months in prison for every prior conviction (Section (d) of 422.75 PC)
- Felony hate crime with a firearm. Should the judge find you guilty of perpetrating a hate crime deemed a felony with a gun, they may enhance your penalty at their discretion (Section (c) of 422.75 PC)
- Felony hate crime in concert. Should the judge convict you of acting together with someone else to perpetrate a hate crime considered a felony, you may face an additional 2, 3, or 4 years of prison term (Section (b) of 422.75 PC)
If the judge grants you probation after a conviction of any hate crime, they may issue a restraining order against you. The order may include a stay-away condition, which requires you not to go near the victim. Additionally, to serve probation, the judge may order you to comply with the following conditions:
- Submit payments to a body that serves victims of hate violence.
- Complete an ethnic or racial sensitivity program
- Compensate the involved victim for their counseling expenses
- Pay other fines or restitution the court considers appropriate
Potential Defense Strategies Against Hate Crimes
Even though hate crimes are considered severe in California, the law gives you a fighting chance. A skilled criminal defense counsel can help you argue the best defenses to avoid a conviction or face lenient penalties. Some of the defenses your lawyer can help you argue include the following:
You Had No Intent
Should the court determine that you never intended to hurt or interfere with the supposed victim's legally protected privilege or right, it cannot convict you of violating hate crime laws. If, for example, you perpetrated a violent act on a person with a protected characteristic and the violence was unintentional or occurred due to mere negligence, you are not guilty of any hate crime.
You Acted in Self-Defense or Defense of Another
If you commit a crime to avoid immediate harm to yourself or another, the judge should not convict you. Only if the judge convicts you of the underlying violation can they find you guilty of the additional hate crime charges.
Your Actions Were Not Bias-Motivated
The element of bias must be more than remote or trivial. Your lawyer can assert that even though you perpetrated a crime, your actions were only slightly motivated by prejudice toward any of the victim's protected characteristics. Therefore, it should not be deemed a hate crime.
You Were Within Your Free Speech Rights
The 1st Amendment to the U.S. Constitution safeguards a citizen's right to free speech. You can assert this protection as a legal defense if you can prove that your conduct consisted purely of speech and not speech accompanied by a criminal or violent act.
Find an Experienced Criminal Defense Attorney Near Me
Hate crime charges are usually difficult for the D.A. to prove. Nonetheless, they are serious. If accused of a hate crime or hate crime enhancement, you want to consult an experienced defense lawyer as soon as possible. Not all hate crime allegations have sufficient evidence or truth, so you may discover your innocence.
At Long Beach Criminal Attorney, we have represented clients accused of hate crimes and other charges for decades. Thus, we have the experience to help you obtain the best possible outcome. Call us at 562-308-7807 for a free consultation to assess the facts surrounding your case and provide expert legal counsel.