Any New York criminal defense attorney can tell you that hate crimes could cost you twice as much as a provoked crime.
Recently, a transgender woman was assaulted by two men in a hate crime. These criminals are charged with second-degree assault for the hate crime among other things. Apparently, the two men saw her, "thought she was gay and attacked her with a metal belt buckle," according to CBS 2.
A second-degree assault charge carries the "intent to cause physical injury...by means of...a dangerous instrument" (Section 120.05 of the New York Penal Code). For a Class D felony the penalties cannot be more than seven years in prison (Section 70) and a fine determined by the court.
However if you are convicted of a hate crime, in most cases, the fine and the jail time double. As it says in Section 485.10, if the "specified offense is a misdemeanor or a class C, D, or E felony, the hate crime shall be deemed to be one category higher." That means that if you committed a class D felony, you could receive a class C felony. If you commit a crime based on only the appearance of the person and what you interpret that to be, you could get double the penalties. So their seven years in prison could be 15 years.
In Section 485.05, a hate crime is defined as an offense being committed against someone because of their "race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation... regardless of whether the belief or perception is correct." This last line brings up a great point: even if the suspects were wrong they can still be charged with the hate crime because it was their belief that drove them to assault.
Related Resources:
- New York Criminal Defense Attorney Directory (FindLaw)
- New York Penal Code (Laws of NY)
- Hate Crime (FindLaw)
- The Difference Between A Civil And A Criminal Hate Crime Case? (FindLaw)
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