If you have been charged with a hate crime in New Jersey, you are facing serious consequences. All hate crimes are indictable offenses, and some hate crimes can carry six-figure fines and decades behind bars. While you may have various defenses available, you will need an experienced New Jersey criminal defense lawyer who can help you fight to avoid unnecessary consequences.
New Jersey heavily punishes hate crimes. Under the state’s “bias intimidation” statute, hate crimes carry enhanced penalties, and all hate crime convictions can result in steep fines and prison time. The Attorney General’s Bias Crimes Unit handles these cases, and it aggressively pursues convictions in courts statewide.
If you have been charged with a hate crime, this makes it vital to hire an experienced New Jersey criminal defense lawyer promptly.
While hate crimes are serious offenses, there are several potential defenses to these charges. If you have been wrongfully accused, if the police violated your constitutional rights, or if you have other grounds to fight the allegations against you, you do not deserve to face unwarranted consequences. An experienced defense lawyer can thoroughly assess the circumstances of your case and help you build the strongest possible defense.
What Constitutes a Hate Crime in New Jersey?
Hate crimes are addressed in New Jersey’s “bias intimidation” statute. This statute (Section 2C:16-1) states that a person is guilty of bias intimidation if he or she commits, threatens to commit, attempts to commit, or conspires to commit a criminal offense under any of the following circumstances:
- “[W]ith a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity;”
- “[K]nowing that . . . the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity;” or,
- “[U]nder circumstances that caused [the] victim . . . to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed [that he or she was targeted based on] race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.”
Harassment, assault, homicide, and other types of crimes can all be prosecuted as hate crimes depending on the circumstances involved. From text messages and social media posts to eyewitness testimony, prosecutors can use various forms of evidence to prove (or attempt to prove) a defendant’s purpose or knowledge, and victims’ statements can play a key role in prosecuting hate crime charges as well.
What Are the Penalties for Hate Crimes in New Jersey?
The penalties for hate crimes in New Jersey depend on the underlying offense involved. Hate crime allegations elevate disorderly persons offenses to indictable offenses, and they elevate second, third, and fourth-degree indictable offenses to more serious crimes:
- If the Underlying Offense is a Disorderly Persons Offense: A hate crime is charged as a fourth-degree indictable crime carrying up to 18 months in prison and a $10,000 fine.
- If the Underlying Offense is a Second, Third, or Fourth-Degree Indictable Crime: A hate crime is charged one degree higher than the underlying offense. Potential prison sentences can range from 3 to 20 years, and fines can reach $150,000.
- If the Underlying Offense is a First-Degree Indictable Crime: A hate crime is still charged as a first-degree indictable crime. Penalties for first-degree indictable crimes vary, but can include up to a $200,000 fine and a life sentence.
Hate crime convictions can have other serious consequences as well. Having a hate crime conviction on your record can negatively impact all aspects of your life; and, while some hate crimes are eligible for expungement, others are not.
FAQs: Defending Against Hate Crime Charges in New Jersey
Is “bias intimidation” considered a hate crime in New Jersey?
New Jersey’s “bias intimidation” statute is used to prosecute hate crimes. An offense is considered a hate crime (and prosecuted as “bias intimidation”) if it involves targeting an individual or group on the basis of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.
What are potential defenses to “bias intimidation” in New Jersey?
From false accusations to violations of your constitutional rights, there are several potential defenses to “bias intimidation” in New Jersey. Prosecutors have the burden of proving your guilt beyond a reasonable doubt—and if they do not have the evidence they need to meet that burden, you are entitled to walk free.
How can I prove that I didn’t intend to commit a hate crime?
Lack of intent is a defense to “bias intimidation” charges in some, but not all, cases. If you did not intend to commit a hate crime, an experienced New Jersey criminal defense lawyer can determine what this means for your defense and advise you accordingly.
How Our New Jersey Criminal Defense Lawyers Can Help
Due to the substantial risks involved with facing hate crime charges in New Jersey, individuals who are facing these charges need to ensure that they are doing everything they can to protect themselves. Our New Jersey criminal defense lawyers can help.
From assessing potential defenses to providing representation in court, our lawyers provide comprehensive legal representation for individuals who are facing charges under New Jersey’s “bias intimidation” statute. We can help you regardless of the facts of your case, and we can use our experience to fight your case by all means available.
Schedule a Consultation with a New Jersey Criminal Defense Lawyer Today
If you need to know more about defending against a hate crime charge in New Jersey, we encourage you to contact us right away. The sooner you contact us, the more we can do to help. To schedule a confidential consultation with a New Jersey criminal defense lawyer at Helmer, Conley & Kasselman, P.C., call 877-435-6371 or tell us how we can help online now.