Hate Crimes Defense Lawyer Tampa
Tampa Criminal Attorneys Defending Against State And Federal Hate Crime Charges
Discrimination, hate crimes, issues of gender equality and race relations, and immigration status have all become hot topics in the country lately. With this heated political climate, it’s more likely than ever that people accused of a crime will face a “hate crimes” enhancement. Hate crimes in Florida have a narrow definition, but depending on the demographic of the accused person and the alleged victim, a “regular” criminal charge could suddenly become a hate crime, with stricter penalties. Our Tampa, FL hate crimes defense lawyer protects you from overzealous police and prosecutors who may be assigning motivation to you that simply wasn’t there.
If you or someone you love are facing allegations of hate crimes, or if you’ve already been arrested and charged, it’s important to get legal representation right away, to protect your rights and your freedom. The attorneys at Stechschulte Nell are skilled at defending even the most serious hate crimes charges. Contact us today to discuss your situation.
What Is A Hate Crime In Florida?
Florida criminal statutes define a hate crime as either a misdemeanor or felony crime that evinces prejudice against someone in a protected class. That is, the perpetrator is presumed to have committed the crime against the victim based on their race, gender, national origin, sexuality, or other membership in a protected class. If you’re convicted of a felony or a misdemeanor with hate crime charges, then your sentencing is automatically raised one class higher. That is, a first-degree misdemeanor would become a third-class felony, and so on.
With these enhanced charges comes the potential for much stiffer penalties, including longer jail sentences and probation time.
However, to be convicted of a hate crime, the prosecutor must prove that you knew, or reasonably should have known, the victim’s membership in the protected class, and that was your motivation for committing the crime.
Defeating the prosecutor’s argument that this element was present is just one successful defense our Tampa hate crimes defense lawyer has deployed for people accused of Florida hate crimes.
You May Face Federal Hate Crime Charges
Not only are hate crimes illegal under Florida law, but they’re also illegal under federal law. The requirements for a misdemeanor or a felony to be a hate crime in Florida similar to the requirements for a federal crime to be a hate crime.
For you to be charged with a federal hate crime, the federal government must have jurisdiction. For example, if the commission of the crime caused the victim or defendant to travel across state lines, then federal jurisdiction would apply. If the defendant used a firearm in the course of the crime, or another dangerous weapon or incendiary device, then federal jurisdiction would also apply.
There are other ways in which you would be charged with a federal crime, so it’s important to talk to our Tampa hate crimes defense lawyer, as they are licensed in federal court and can explain all the charges you may face.
The attorneys at Stechschulte Nell are prepared to protect your rights whether you’re charged with a federal hate crime, state hate crime, or both. Please contact us today for a consultation.
