{"id":43,"date":"2020-06-11T11:31:34","date_gmt":"2020-06-11T11:31:34","guid":{"rendered":"http:\/\/localhost\/monderlaw\/?page_id=43"},"modified":"2022-05-20T15:16:35","modified_gmt":"2022-05-20T15:16:35","slug":"san-diego-hate-crimes-lawyer","status":"publish","type":"page","link":"https:\/\/www.monderlaw.com\/assault-battery\/hates-crimes\/","title":{"rendered":"San Diego Hate Crimes Lawyers"},"content":{"rendered":"

 <\/p>\n

Hate Crimes in San Diego<\/h2>\n

Hate crimes are criminal acts or attempted criminal acts<\/a> against an individual or group of individuals based solely on\u00a0their actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability. These categories are very broad, everyone can easily fit into at least one category. This is because the categories themselves are not intended to define the offense of a hate crime. In other words,\u00a0belonging to any one of these\u00a0special categories alone does not make a crime a hate crime. Unlike other crimes under the category of assault and battery<\/a>, the victim’s status in a special category alone is insufficient to be charged with a hate crime. To be charged with a hate crime you must have committed the offense with a bias to\u00a0target a person for their association to one of these categories.<\/p>\n

What does a hate crime conviction require?<\/h2>\n

The problem with hate crimes in San Diego is that prosecutors are often\u00a0quick to charge people with a hate crime solely\u00a0because the offense involved a victim who happens to fit into a special\u00a0category. This is not the law!\u00a0You should not be charged with a hate crime for committing a crime\u00a0that happened to involve a person who belongs to a special\u00a0category.\u00a0A hate crime conviction requires that the offense be motivated by a bias against the victim. This means the prosecution cannot make this assumption based on the victim but must prove beyond a reasonable doubt that you\u00a0specifically targeted that individual because of their association to one of these categories.<\/p>\n

Understanding Penal Code Section\u00a0422.6<\/h2>\n

California PC 422.6\u00a0makes it a stand-alone crime to interfere with someone else’s civil rights, unlike disturbing the peace\u00a0or damage and destruction of their property, because of one or more of the following actual or perceived characteristics of the victim:<\/p>\n

Disability:<\/h3>\n

A person\u2019s mental and physical disability.<\/p>\n

Gender:<\/h3>\n

A person’s gender identity and gender expression.<\/p>\n

Nationality:<\/h3>\n

A person\u2019s national origin, citizenship, and country of origin.<\/p>\n

Race or Ethnicity:<\/h3>\n

A person’s ancestry, color, and ethnic\u00a0background.<\/p>\n

Religion:<\/h3>\n

All aspects of a person’s religious belief, observance, and practice and includes agnosticism and atheism.<\/p>\n

Sexual Orientation:<\/h3>\n

A person’s heterosexuality, homosexuality, or bisexuality.<\/p>\n

Basically, to convict someone of California PC 422.6, the\u00a0prosecutor must prove the following elements:<\/p>\n

    \n
  1. In whole or in part because the victim has one of the above characteristics;<\/li>\n
  2. Willfully injure, intimidate, interfere with or threaten someone;<\/li>\n
  3. Knowingly damage or destroy someone’s property;<\/li>\n
  4. For the purpose of interfering with their legal and constitutional rights.<\/li>\n<\/ol>\n

    It is important to note that California\u00a0PC 422.6 imposes criminal penalties even if the criminal defense attorney\u00a0can’t prove that you violated any other law.<\/p>\n

     <\/p>\n

    First Amendment Implications for a Hate Crime<\/h2>\n

    The First Amendment prohibits Congress from making laws that would restrict an individual\u2019s freedom of speech. A person cannot be charged and convicted of a California hate crime under Penal Code 422.6 PC only based on their speech. Unless that person\u2019s speech threatened violence and the person had the apparent ability to actually carry out the threat. This is because our right to free speech is not absolute, it does not protect any and all types of speech. Unprotected categories of speech may be restricted but must be narrow in scope to avoid infringing individual’s First Amendment rights.<\/p>\n

     <\/p>\n

    Misdemeanor Hate Crimes<\/h2>\n

    \u2022 P.C. 302 \u2013 Disorderly conduct during an assemblage of people gathered for Religious worship at a tax-exempt place of worship.<\/p>\n

    \u2022 P.C. 422.6 \u2013 Use of force, threats, or destruction of property to interfere with another\u2019s exercise of Civil Rights.<\/p>\n

    \u2022 P.C. 422.9 \u2013 Violation of civil order protecting the exercise of Civil Rights.<\/p>\n

    \u2022 P.C. 538(c) \u2013 Unauthorized insertion of advertisements in newspapers and redistribution to the public.<\/p>\n

    \u2022 P.C. 640.2 \u2013 Placing handbill, notice, or advertisement on a consumer product or product package without authorization.<\/p>\n

    \u2022 P.C. 11411 \u2013 Terrorism of owner or occupant of real property. Placement or display of sign, symbol, or other physical impression without authorization, engagement in pattern of conduct, or burning or desecration of religious symbols.<\/p>\n

     <\/p>\n

    Felony Hate Crimes<\/h2>\n

    \u2022 P.C. 422.7 \u2013 Commission of a crime for the purpose of interfering with another\u2019s exercise of Civil Rights.<\/p>\n

    \u2022 P.C. 594.3 \u2013 Vandalism of place of worship based on Racial or Religious bias.<\/p>\n

    \u2022 P.C. 11412 \u2013 Threats obstructing exercise of Religion.<\/p>\n

    \u2022 P.C. 11413 \u2013 Use of destructive device or explosive or commission of arson in certain places.<\/p>\n

     <\/p>\n

    Enhancements for Hate Crimes<\/h2>\n

    \u2022 P.C. 190.2(a)(16) \u2013 Special circumstances imposing the Death Penalty for the crime of murder<\/a>\u00a0or Life Without possibility of Parole if the victim was intentionally killed because of race, color, religion, nationality, country of origin.<\/p>\n

    \u2022 P.C. 190.3 \u2013 Special circumstances imposing Life Without possibility of Parole if the victim was intentionally killed because of sexual orientation, gender, or disability.<\/p>\n

    \u2022 P.C. 422.75 \u2013 Penalty for felony committed because of victim\u2019s race, color, religion, nationality, country of origin, ancestry, disability or sexual orientation shall be enhanced one, two or three years in prison, if the person acts alone; and 2, 3 or 4 years if the person commits the act with another.<\/p>\n

     <\/p>\n

    How can your criminal defense lawyer prove you are not guilty of a hate crime?<\/h2>\n