Hate crime allegations are among the most serious and sensitive charges a person can face. In California, a hate crime allegation can affect not only the underlying charge, but also the potential punishment. Prosecutors may file a separate hate-crime offense, seek felony sentencing on what might otherwise be a misdemeanor, or add a hate-crime enhancement to a felony case. These allegations can significantly raise the stakes and should be taken seriously from the outset.
At the Law Office of H. Charles Gorian, we understand that hate crime cases often turn on motive, intent, context, and disputed facts. In many situations, the key issue is not just what happened, but whether the prosecution can actually prove beyond a reasonable doubt that the alleged conduct was committed because of a legally protected characteristic. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is a Hate Crime Under California Law?
California Penal Code section 422.55 defines a hate crime as a criminal act committed, in whole or in part, because of one or more actual or perceived characteristics of the victim. Those protected characteristics include:
- disability
- gender
- nationality
- race or ethnicity
- religion
- sexual orientation
- association with a person or group having one or more of those actual or perceived characteristics.
California law further explains that:
- gender includes gender identity and gender expression
- nationality includes country of origin, immigration status, and citizenship
- bias does not have to be the only motive, but it must be a substantial factor in bringing about the offense.
Interfering with Civil Rights
California Penal Code section 422.6 makes it unlawful, whether or not a person is acting under color of law, to by force or threat of force willfully injure, intimidate, interfere with, oppress, or threaten another person in the free exercise or enjoyment of constitutional or legal rights, in whole or in part because of a protected characteristic. The same section also prohibits knowingly defacing, damaging, or destroying another person’s real or personal property for the purpose of intimidating or interfering with those rights on that same bias basis.
A conviction under section 422.6 may be punished by:
- up to one year in county jail
- a fine of up to $5,000
- or both
- or punishment pursuant to Penal Code section 1170(h)
The statute also requires community service, and it expressly says a person may not be convicted under subdivision (a) based on speech alone, unless the speech itself threatened violence against a specific person or group and the defendant had the apparent ability to carry out the threat.
When a Crime May Be Treated More Seriously as a Hate Crime
California Penal Code section 422.7 allows certain crimes that are not otherwise punishable by state prison to be punished more severely if they qualify as hate crimes and one of the listed aggravating circumstances is charged and proved. Those circumstances include:
- the crime against a person includes the present ability to commit a violent injury or causes actual physical injury
- the crime against property causes damage exceeding $950
- the defendant has certain qualifying prior hate-crime convictions.
California’s Rules of Court also explain that when a hate-crime enhancement under section 422.75 is pled and proved in a felony case, the punishment must be enhanced unless the offense is instead sentenced as a felony under section 422.7. The Rules of Court describe section 422.75 as the felony hate-crime enhancement provision and note that the enhancement is imposed in addition to other punishment provided by law.
Common Defenses to Hate Crime Charges
Every case depends on the facts. In many situations, the strongest defense is that the prosecution cannot prove the required bias motivation or cannot prove the underlying offense itself. Possible defenses may include:
- lack of bias motivation
- lack of intent to intimidate or interfere with civil rights
- insufficient evidence that the act was committed because of a protected characteristic
- false accusation or mistaken identity
- lack of proof of force, threat, or unlawful property damage where required
- constitutionally protected speech, where the prosecution is relying too heavily on words alone.
Because these cases often involve statements, context, social media evidence, witness interpretation, and motive-based allegations, a close review of the facts is critical.
Speak with a Hate Crime Defense Attorney
If you have been accused of a hate crime or a bias-motivated offense, it is important to seek legal advice as early as possible. These allegations can increase sentencing exposure and add substantial complexity to a criminal case.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call today at (951) 395-0511 for a free, no-risk, no-obligation case evaluation.