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Phoenix Hate Crime Lawyer
Experienced Criminal Defense Attorney for Hate Crime Charges in Phoenix, AZ
If you are being accused of a hate crime in Phoenix, having a skilled and committed criminal defense attorney by your side is crucial. At the Bufete de abogadas Belén, led by attorney Belén Olmedo Guerra, we understand the serious nature of hate crime allegations and how overwhelming the legal process can be. These emotionally charged cases often bring severe penalties, including lengthy jail time and significant fines, and require experienced legal representation to successfully navigate.
En Belén Law Firm, nuestros criminal defense lawyers in Phoenix are dedicated to protecting your rights and crafting a strong and solid defense to challenge the charges against you. Whether you’re facing accusations of aggravated assault, vandalism, or any other offenses categorized as hate crimes, our experienced legal team is ready to provide the support and guidance you need. Contact our Arizona law firm at (602) 715-0908 para programar una consulta gratuita con un Phoenix hate crime lawyer en nuestro equipo hoy.
What is a Hate Crime?
Hate crimes are criminal offenses that are driven by bias or prejudice against specific characteristics of an individual or group. These characteristics often include race, religion, national origin, gender identity, sexual orientation, or other aspects of a person’s identity. Unlike other crimes, hate crimes are unique in that the motivation behind the offense is a key factor in determining the criminal charge.
Under Arizona law, crimes that are considered hate crimes carry harsher penalties due to the biased nature of the offense. More often than not, hate crimes are committed with the purpose of intimidating and harming not just the victim but also the broader community to which the victim belongs.
Examples of Hate Crimes
Hate crimes can take many forms, ranging from property damage to violent crime charges in Phoenix, AZ. Here are a few common examples of hate crimes in Arizona:
- Vandalismo: Defacing or damaging property with symbols, language, or images intended to target a victim based on their race, religion, or other personal characteristic.
- Asalto: Physical attacks or threats against someone because of their identity, such as race or sexual orientation. Cargos de agresión en Arizona can range from simple assault to aggravated felony assault depending on the circumstances of the case.
- Acoso: Repeated threats, intimidation, or harmful behavior directed at someone based on their identity, meant to cause emotional or physical harm.
Each of these actions, when motivated by bias, could be classified as a hate crime under Arizona law and lead to severe legal consequences. If you’re facing hate crime charges involving vandalism, harassment, assault, or any other criminal offense, it’s crucial to have an experienced criminal defense attorney representing you against these very serious criminal charges.
Arizona Hate Crime Laws
The laws surrounding hate crimes in Arizona are designed to address various criminal offenses with one thing in common: that they are motivated by bias or prejudice against a victim’s identity, such as their race, religion, gender identity, or sexual orientation. These enhanced sentencing laws impose stricter penalties for crimes committed with a biased motive, as Arizona courts recognize the significant harm hate crimes inflict not only on the victim but also on the community as a whole. When facing these charges, understanding the specific statutes that apply to hate crimes is critical.
Below, we’ll outline the Arizona Revised Statutes (ARS) that set the legal framework for hate crime charges in the state.
ARS 13-701
Arizona Revised Statutes § 13-701 outlines how sentencing works for felony crimes, including how the court should consider any mitigating or aggravating factors. Provided in the list of aggravating factors under ARS 13-701 is the evidence of prejudice or bias. Crimes committed due to these biases will be considered aggravated, meaning those convicted will face penalties harsher than those without this factor present.
The exact statute states that “Evidence that the defendant committed the crime out of malice toward a victim because of the victim’s identity in a group listed in section 41-1750, subsection A, paragraph 3 [criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability] or because of the defendant’s perception of the victim’s identity in a group listed in [this section],” is considered an aggravating factor.
Can You Go To Jail for a Hate Crime?
Sí, you can go to jail for a hate crime in Arizona. In fact, hate crimes are treated very seriously under both Arizona law and federal law. If you are convicted of a hate crime, the penalties can be severe and long-lasting.
The length of the sentence depends on the nature of the hate crime itself, such as whether it involved violence, threats, or property damage, and whether there were any aggravating factors, like the use of a dangerous weapon. Even for first-time offenders, hate crimes can result in lengthy jail time or even years in prison, especially if the criminal offense involves serious harm or violence.
It’s important to understand that hate crimes can have lifelong consequences, even beyond the jail sentence you serve, so seeking experienced legal representation is critical to fight the criminal charges and potentially reduce the penalties you face.
Is a Hate Crime a Felony?
In many cases, hate crimes can be charged as felony offenses in Arizona. Whether a hate crime is classified as a felony or a misdemeanor depends on the severity of the crime committed. For example, when motivated by bias against the victim’s race, religion, national origin, gender identity, or sexual orientation, serious offenses like asalto agravado, acoso agravado, incendio provocado, or vandalism are often considered felonies.
So, while the hate crime itself isn’t a separate felony charge, it can make the penalties for a felony offense more severe in Arizona. In some cases, even if the original offense might normally be considered a delito menor en Arizona, the biased motivation behind the crime can elevate it to a felony (though this is often left to the discretion of the judge).
In Phoenix, felonies are the most serious type of crime and can result in lengthy prison sentences, large fines, and long-term consequences, including having a permanent criminal record, which has the power to impact nearly every facet of your life.
Arizona Hate Crime Sentence
As Arizona does not have a specific hate crime statute but rather uses it as a sentence enhancement, there is no set sentence for hate crimes in the state. These sentence enhancements mean that if the underlying crime is found to be motivated by bias, the court can add additional time to the typical sentence associated with that underlying crime. As such, being convicted of hate crimes can result in longer prison sentences, higher fines, and even a felony conviction on your criminal record.
Hate crimes can also be prosecuted under federal law under certain circumstances. One important federal statute is 18 U.S. Code § 249, part of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. This law allows for federal prosecution of hate crimes committed because of someone’s race, color, religion, national origin, gender identity, sexual orientation, or disability, given that the crime falls under federal jurisdiction (i.e., crossing state lines).
If the hate crime is prosecuted under this federal statute, the possible penalties can be even more severe, with the potential for longer prison sentences – up to life in prison – and higher fines.
How a Criminal Defense Attorney Can Help Fight Your Hate Crime Charges
A skilled criminal defense attorney plays a crucial role in defending against hate crime charges in Arizona by carefully scrutinizing the evidence and pursuing every possible defense strategy. One key approach is to challenge the prosecution’s case by creating reasonable doubt, demonstrating that the evidence may not conclusively prove the crime was motivated by bias or prejudice.
Additionally, your defense lawyer will investigate whether mistaken identity may be involved, especially in situations where you were wrongfully accused. By gathering witness statements, reviewing surveillance footage, or highlighting procedural errors, your attorney can work to undermine the prosecution’s claims.
In some cases, your Phoenix hate crime lawyer may be able to negotiate a plea deal to reduce the charges or lessen potential penalties, depending on the strength of the prosecution’s evidence. If the evidence is found to be insufficient, improperly collected, or otherwise flawed, your lawyer may even succeed in having the charges reduced or the case dismissed entirely.
Call Experienced Phoenix Hate Crime Defense Attorney Belén Olmedo Guerra Today
Facing criminal charges, especially for a bias crime, can have severe and lasting consequences that significantly impact your future. However, with the right criminal defense attorney by your side, you can protect your legal rights and fight for the best possible outcome. At Belén Law Firm, our criminal defense lawyers are committed to helping clients navigate the nuances of Arizona’s hate crime laws, ensuring they have a complete understanding of the charges they face and the legal options available to them.
If you’ve been arrested or are under investigation for a hate crime in Phoenix, Maricopa County, or the nearby Central Arizona area, it’s essential to have an experienced attorney who understands how prosecutors approach these serious cases. Rest assured, Belén Olmedo Guerra and her team have what it takes to defend your rights and advocate for the best possible result.
Contact the Belén Law Firm by calling (602) 715-0908 o comunicarse en línea a schedule a free case review with one of our knowledgeable Phoenix criminal defense attorneys today.