When crimes are targeted at a particular gender or towards a particular ethnic or racial group, that crime is considered a "hate crime". Specialized units and prosecutors often are assigned to these sensitive matters, and for good reason. Today, an alarming report appeared in The Associated Press. Reports of hate crimes against gays and religious groups increased sharply in 2008, according to FBI data released Monday. Overall, the number of reported hate crimes increased about 2 percent. These same figures show a nearly 11 percent increase in hate crimes based on sexual orientation, and a nearly 9 percent increase in hate crimes based on religion. The largest category, racially motivated hate crimes, fell less than 1 percent. Many of us remember the gruesome story of Matthew Shepard, a 21 year old gay college student in Wyoming who was beaten to death because of his sexual orientation. These statistics seem to indicate that this problem has only increased. But the the problem of "hate crimes" prosecution is clear. When is a crime just a crime? Just because a minority may be victimized, it does not necessarily mean that they were targeted for that racial or ethnic reason (a requirement). Hate crimes, in fact, can take many different forms. The same report in The Associated Press qouted the following statistics. Among all categories of hate crimes, roughly a third are vandalism or property damage. About 30 percent involve intimidation of some kind, and another 30 percent were physical attacks. Many jurisdictions throughout Southern Californoa, from Ventura County, to Los Angeles County, to the Inland Empire, Orange County, and San Diego County, have pockets where racial tension is rampant. As a criminal defense attorney based in Southern California, I have handled inumerable cases where the Defendant and victim (or victims) are from different racial or ethnic groups. A particular finesse is required when handling these matters to ensure a just and fair outcome. Defendants in a criminal case are presumed innocent and entitled to a strong, vigorous defense no matter the charge or allegation. Just because a "hate crimes" allegation is brought, does not mean that it is appropriate. But, only a skilled criminal defense attorney who has both the experience and the respect of prosecutors should handle these cases. That respect aspect is crucial to ensure that all benefit of the doubt and deferrence truly is given to the defendant. If you, a friend, or loved one is charged or accued of a crime, including a so called "hate crime", your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112. You also can simply click here for immediate assistance.
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Posted By Richard Sudar on November 23, 2009 05:55 pm | Permalink |