The Mullen Law Group’s hate crime defense attorneys are leading Eau Claire and the Chippewa Valley due to their lawyers successful hate crime settlements in Wisconsin.
Category: Violent Crimes
Section: Hate Crime
Definition: Hate Crime
1:A hate crime is usually defined by state law as one that involves threats, harassment, or physical harm and is motivated by prejudice against someone’s race, color, religion, national origin, ethnicity, sexual orientation or physical or mental disability. Laws vary by state and if hate crimes are provided for by statute, the definitions of hate crimes and penalties imposed vary. States that have hate crime statutes provide harsher penalties for such offenses. The underlying criminal offenses that are designated in hate crime laws include, but are not limited to, crimes against persons like harassment, terroristic threats, assault and crimes against property like criminal trespass, criminal mischief and arson. It may also include vandalism causing damage to a church, synagogue, cemetery, mortuary, memorial to the dead, school, educational facility, community center, municipal building, courthouse, juvenile detention center, grounds surrounding such places or personal property located within such places.
The current federal law regarding hate crimes deals with crimes where the offender is motivated by bias against a race, religion, disability, sexual orientation, or ethnicity/national origin and only applies if the crime happens when a person is attending a public school or is at work or participating in one of four other “federally protected activities.”
The following is an example of a state statute governing hate crimes: The Legislature finds and declares the following:
It is the right of every person, regardless of race, color, religion, national origin, ethnicity, or physical or mental disability, to be secure and protected from threats of reasonable fear, intimidation, harassment, and physical harm caused by activities of groups and individuals.
It is not the intent, by enactment of this section, to interfere with the exercise of rights protected by the Constitution of the State of Alabama or the United States.
The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions.
b. The purpose of this section is to impose additional penalties where it is shown that a perpetrator committing the underlying offense was motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability.
c. A person who has been found guilty of a crime, the commission of which was shown beyond a reasonable doubt to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, shall be punished as follows:
On conviction of a Class A felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 15 years.
On conviction of a Class B felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than 10 years.
On conviction of a Class C felony that was found to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the sentence shall not be less than two years.
For purposes of this subdivision, a criminal defendant who has been previously convicted of any felony and receives an enhanced sentence pursuant to this section is also subject to enhanced punishment under the Alabama Habitual Felony Offender Act, Section 13A-5-9.
On conviction of a misdemeanor which was found beyond a reasonable doubt to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability, the defendant shall be sentenced for a Class A misdemeanor, except that the defendant shall be sentenced to a minimum of three months.
Topic Expanded: Hate Crime
The hate crime defense lawyers at The Mullen Law Group excel in representing clients in all aspects of hate crime cases. A hate crime is a serious charge that can have severe consequences. The Mullen Law Group’s hate crime lawyers have extensive experience defending clients from hate crime allegations and are committed to providing an aggressive defense on the clients behalf. In a hate crime case it is essential to have a dedicated attorney that engages early and strives to get the case either dismissed or settled out of court. Have Wisconsin’s premier hate crime attorneys prove their success in settling cases out of court and preventing charges from ever being filed.
If charges of a hate crime related crime have been filed or are in process, an experienced hate crime defense team will be able to improve the outcome. Remember, it is easier to prevent a hate crime charge from being filed than it is to receive a not guilty verdict in court once it has already been charged.
Recommendation: Hate Crime
It is extremely important to hire a criminal hate crime attorney to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. The Mullen Law Group’s hate crime lawyers maintain an extremely high rate of success. Our determined focus is to:
- Keep a felony or misdemeanor hate crime allegation out of court
- Use our knowledge base to settle strategically
- Fight for the best outcome our client is facing
In some situations, it may be difficult for the prosecution to pursue or prove a hate crime case. This is due to the fact that the intent of the defendant is a key part of the charges. To be convicted of committing some type of hate crime, the prosecution must prove beyond a reasonable doubt that the defendant intentionally made the attempt to or actually committed a hate crime. If a hate crime case goes to court, there is often no recovery of losses for the plaintiff because a judgment has ordered prison or jail time.
Although the evidence may seem substantial, there are many options an attorney can use to challenge the hate crime charges. It is important to act quickly to involve a legal professional who can properly assert rights and act as a knowledgeable voice inside and outside of the courtroom. Our criminal defense lawyers have achieved amazing results in hate crime cases during the pre-file stage as well as in the courtroom. Our attorneys have the expertise to have hate crime cases completely dismissed, or pursue a lower sentence for the client.
Don’t let a hate crime charge jeopardize your future, contact us immediately to find out how an exceptional hate crime attorney can help you.
We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.