6 Essential Pieces of Evidence That Proves You Were the Victim of a Hate Crime

Hate crimes are classifications for a variety of offences that involve victims who fall into subcategories related to gender, race, religion, nationality, and sexual orientation. The malum in se or a dangerous crime is increased by classification only after the prejudice has been established. Criminal defendants who are facing these crimes need legal representation to build a proper defence.

1. The Defendant is a Known Member of a Hate Group

Membership or affiliation with any known member of a hate group defines the character of the criminal defendant. Crimes that involve hate groups and individuals that meet the criteria of the hate group’s focus can be proven to be hate crimes based on association. Even if it was just one member who committed the crime, the known prejudice against individuals who meet the description of the victim can substantiate the claim that the offence should be classified as a hate crime. Criminal defendants who are facing a hate crime charge can visit lawboss.com for further details.

2. The Presence of Hate Group-Based Tattoos

Symbols of hate such as tattoos that represent a hate group such as Nazis and white supremacists can present evidence of a hate crime. However, under the circumstances of the crime, the tattoo must be visible to the victim. The tattoo cannot be in a hidden area of the body and increase the classification of the crime as a hate crime. However, the presence of symbols such as swastikas, Nazi or white supremacy flags, and symbols on the defendant’s clothing can increase the offence’s classification.

3. The Victim’s Gender, Race, Religion, or Nationality Coincides with the Hate Group’s Focus

Specific attributes of the victim that indicate the focus of a hate group’s focus can increase the classification of the crime to a hate crime. For example, the race, gender, religion, nationality, or self preference of the victim can present a potential hate crime, but the prosecution will have to prove that the defendant acted according to hatred or prejudice to individuals who fall into subcategories of these attributes.

4. Biased Slurs or Statements During or Before the Crime

Biased or racial slurs made during the commission of the crime can indicate a hate crime. Using these comments or making statements in reference to a specific attribute of the victim increases the classification. For example, defendants who make statements about a Muslim victim such as an accusation that the victim must be a terrorist based solely on their religion can prove that the offence was a hate crime.

5. The Crime Occurred on a Holiday of Significance to the Crime

Holidays and days of remembrance could play a role in substantiating that an offence was a hate crime. For example, a neo-nazi individual who attacks Jews on Holocaust Day can result in a conviction for a hate crime. Attacking African Americans on any holiday-related to the Civil Rights movement presents just cause to label the offence as a hate crime if the defendant was caucasian.

6. A Previous History of Hate Crimes

Defendants who have a previous criminal history of hate crimes are more likely to become repeat offenders. If the victim falls into any category related to the defendant’s known prejudices, it is more likely that they will be charged with a new hate crime.

Hate crimes lead to higher penalties based on the classification. The offence itself presents penalties if the defendant is convicted. However, the classification can lead to more substantial penalties if a hate crime has been proven. Understanding what elements make an offence a hate crime helps defendants discover what they face if they are convicted.