Hate crimes are largely misunderstood, but they still have very serious consequences.
Contrary to what many people think, there is not a separate category of offenses for hate crimes in Texas. Instead, any criminal offense can be classified as a hate crime if it was done to attack a person’s identity. Also known as bias crimes, hate crimes are criminal offenses motivated by prejudice or bias against an individual based on certain protected classes.
These classes include a person’s race or ethnicity, color, religion, sexual orientation, disability, age, gender identity, or ancestry or national origin. When crimes are committed based on these protected classes, the offense may be enhanced to a hate crime.
Class C Misdemeanors
Class C misdemeanors, such as vandalism, carry a penalty of a maximum fine of $500. When these charges are enhanced to a hate crime, the penalties also increase to up to one year in jail, a maximum $4,000 fine, or both.
Class B Misdemeanors
Class B misdemeanors, such as harassment, are punishable by up to 180 days in jail, a maximum fine of $2,000, or both. When a Class B misdemeanor is enhanced to a hate crime, the penalties include up to one year in jail, a maximum $4,000 fine, or both.
Class A Misdemeanors
Assault and other Class A misdemeanors carry up to one year in jail, a maximum $4,000 fine, or both when bias or prejudice are not involved. If these charges are enhanced to a hate crime, the offense becomes a third-degree felony, which is punishable by two to 10 years in prison and a maximum fine of $10,000.
Second-Degree Felonies
Felony offenses are taken much more seriously than misdemeanors. A second-degree felony without prejudice or bias carries penalties of two to 20 years in prison and a maximum $10,000 fine. If these offenses are charged with bias or prejudice, they are punishable by five to 99 years or life in prison and a $10,000 maximum fine.
First-Degree Felonies and Murder
Murder and other first-degree felonies are punishable by five to 99 years or life in prison and a $10,000 maximum fine. These penalties apply regardless of whether the crime was with or without prejudice or bias.
Defending Against Charges of Hate Crimes
Just as there is not a separate category of hate crimes in Texas, the defenses are also similar to other types of offenses. For example, if you were charged with assault, an attorney may prove that assault did not occur or that it was a case of mistaken identity. When offenses are upgraded to hate crimes, however, there is another element of the prosecution’s case to disprove. This is that the alleged offense did not have an element of prejudice or bias. Disproving the prosecution’s case is always challenging, so it is critical to work with an experienced defense attorney.
Call Our Criminal Defense Attorneys in Austin, TX Today
Facing charges of any crime is daunting. When those charges are enhanced to a hate crime, the situation is even more overwhelming. At Granger and Mueller, PC, our Austin criminal defense attorneys can outline your legal options, provide support throughout the process, and prepare the strongest defense possible. Call us now at (512) 474-9999 or contact us online to schedule an appointment with one of our attorneys and to learn more.