Being accused of a crime can impact your whole life. If the offense is also a hate crime enhancement, it is much more severe under California law. If you are charged with a felony because of someone else’s race, color, religion, sex, nationality, or because they have a disability or are gay, you could be subject to harsh penalties.
This blog explains what to expect if accused of hate crime enhancement in felony cases. You also learn the elements that the prosecution must prove in court.
An Overview of a Hate Crime Enhancement
In California, a hate crime enhancement is an additional penalty added to a conviction if you commit a felony against someone else motivated by prejudice or bias towards their characteristics. These characteristics are:
- Race or ethnicity, for example, color, ethnic background, and ancestry
- Religion, including certain practices like atheism and agnosticism, observance, and religious belief
- Sexual orientation under California Penal Code 422.56(h)., such as bisexuality, homosexuality, or heterosexuality
- Gender
- Nationality, including national origin, county, or citizenship
- This includes physical or mental disability per Government Code 12926(j) and (m) provisions
California requires that hate crime enhancements apply to both misdemeanors and felonies, but under Penal Code 422.75, the exact enhancements vary by the severity of the crime. The prosecutor must prove beyond a reasonable doubt that you (the accused) acted with intent to do so based on bias against a protected characteristic.
Hate crime enhancements differ from other sentence modifications. They are based solely on the violence or severity of the act because of the intent to discriminate or intimidate. For example, if a misdemeanor crime is proven to have involved hate motivation, Penal Code 422.7 allows a wobbler charge to be brought, which could raise the crime to a felony with a possible one-year jail sentence.
In contrast, felony hate crimes, based on the facts of the case, such as the nature of the crime, result in one or three more years in state prison.
Hate crime enhancements serve to punish individual offenders but also to send a signal to the broader legal system that it is, in a significant way, going to be trying to protect communities of minorities from acts of prejudice.
This policy is rooted in Penal Code sections 422.7 and 422.75. It centers around the idea that if someone commits a crime because they want to scare people or violate their rights just because of their race, religion, or other characteristics, then not only have they broken the law but also undermined community values. So, their action is an offense against the entire fraternity.
What the Prosecutor Must Prove Beyond a Reasonable Doubt
The US Constitution guarantees you a fair hearing and trial procedure. This is because the prosecutor must demonstrate all elements of the felony hate crime before the court can enhance the punishment. In all criminal cases, the burden of proof lies with the prosecutor. They must present enough evidence against you to demonstrate your actions in court.
Your lawyer can help prepare court hearings where you might receive sentence enhancement. The lawyer should guide you through what the prosecutor must show for the court to enhance your sentence. These are:
You Are a Convicted Felon
The hate crime penalty enhancement applies only if you first committed a felony offense. Felonies in California are typically more severe crimes and carry incarceration in state prison, a hefty fine, and sometimes a lifelong criminal record.
Violent crimes like assault, battery, or property crimes that result in extensive damage are common felonies, as are certain theft offenses. When these acts are aggravated by prejudice, they harm the victim and threaten the community’s dignity and safety.
The crime of conviction of a felony under California PC 422.55 requires that the prosecution prove each element of the crime beyond a reasonable doubt. The case can then move forward to decide whether the crime was hate-motivated.
Prosecutors usually present evidence that includes witness testimonies, documentation of physical harm or property damage, and, in some cases, the defendant’s previous actions or associations, which can show intent.
You Committed a Felony Hate Crime
Once the prosecution has proven that you committed a felony, they must prove that the felony was hate-motivated. In California, an offense becomes a hate crime if it is committed because of bias against a particular characteristic protected by law, such as race, religion, sexual orientation, national origin, or gender. California Penal Code Section 422.55 mentions that any criminal act done due to bias is a hate crime.
To prove you committed the felony, the prosecutor must also prove that you did so because of a preconceived, unlawful prejudice against the victim’s protected attribute.
Typically, prosecutors establish that hate served as the motive behind the crime by demonstrating, through such evidence as:
- The defendant’s state of mind when the crime occurred
- The defendant’s intent when the felony happened
- What did the defendant mean when they perpetrated the crime?
This could be things you have said, symbols or signs that have been used, or past incidents that suggest a history of bias.
For example, in racially motivated attack cases, racial slurs or derogatory language recorded at the crime can be strong evidence of bias. Sometimes, the crime is linked to a hate motive by associations with known hate groups or with paraphernalia of hate.
The prosecution bears the burden of demonstrating a direct connection between what you did and an illegal prejudice.
In addition, the designation of a crime as hate-motivated focuses attention on the emotional impact on the victim and the victim’s community. The fact that hate crime is brought in as a context often persuades judges and juries to prefer harsher penalties because a court perceives it as an attack on the community fabric of unity and tolerance.
Your Felony Hate Crime Was Based on an Unlawful Bias
To prove a hate crime enhancement, the prosecution must show that you acted out of an unlawful discriminatory bias. This element makes the difference between a felony and a hate crime. Per California PC 422.55, the prosecutor must show that your conduct was beyond just being criminal but also done with the intent to harm someone of one of these protected traits.
To prove bias, you must look at all your actions, words, and affiliations leading up to the crime.
For example, any statements made during or before the offense are direct evidence of discriminatory intent, which still requires proof of bias. Similarly, if there was a history of behavior indicative of a pattern of discrimination or hatred, it could also contribute to the proposition that your felony was done out of bias.
It could be affiliations with hate groups, ownership of discriminatory paraphernalia, or even participation in past hate-related incidents. For example, if a racial bias crime is involved, the use of slurs or symbols of hate in the commission of the crime can be strong evidence that the crime was motivated by illegal bias.
If the prosecution demonstrates that your actions were based on illegal bias, it intensifies the crime's severity. It gives the court a reason to impose enhanced penalties to deter future offenses.
Possible Sentence Enhancements Upon Conviction
When a felony is designated a hate crime in California, the court may impose enhanced penalties to address the prejudice underlying the offense. These hate crime enhancements make the consequences for the accused far more severe than for typical felonies.
The nature of these enhancements depends upon the circumstances of the crime, prior offenses, and the level of harm inflicted. Most common sentencing enhancements involve more prison time, harsher probation conditions, and financial burdens.
Prison Sentence Enhancements
In California, if you commit a hate crime as part of a felony, it can lead to a much longer prison sentence. If prosecutors can prove you targeted your victim based on their race, religion, sexual orientation, or some other protected characteristic, Penal Code 422.75 adds up to three extra years to your sentence.
The enhancements can be applied to a wide variety of underlying felonies, from assault to more serious violent offenses. If you are convicted, your underlying felony is made more severe by these enhancements, and you could spend longer in prison. This additional penalty is intended to demonstrate the impact of hate-motivated acts and reflect the crime's severity and societal harm.
Probation Penalties
If you are found guilty of a felony hate crime, probation is likely. It may be in addition to prison time or instead of it. However, if you receive probation for such a conviction, you are subject to far stricter requirements than probation for other felonies.
In California, courts can impose stringent conditions on people's behavior while they are serving terms of supervised release, often because these institutions view hate-motivated misdeeds as especially serious.
As part of your probation, the court could require you to report to a probation officer, attend counseling regularly, or complete anger management classes focused on addressing hate-related biases. You may also have to complete several community service hours, often tailored to address the community impacted by your actions.
Failure to comply with these probation terms could lead to immediate consequences, including a potential return to prison to serve the remainder of your sentence.
Compliance with Electronic Monitoring
If you are convicted of a felony hate crime, you may be required to submit to electronic monitoring as a condition of your probation. Judges use this condition to monitor your compliance and guarantee that you do not violate certain conditions on your mobility.
Electronic monitoring, especially via an ankle bracelet, allows the authorities to monitor one in real time. However, limitations usually accompany it on where one is allowed to go and with whom one is allowed to talk, especially where the case involves hate crimes, due to concerns about seeing the victim and preventing the recurrence of similar incidents.
Electronic monitoring is a tool for prevention and compliance. For example, if your sentence contains exclusion zones, such as a certain neighborhood, school, or religious place, the device can notify authorities when you violate such areas.
Courts consider electronic monitoring a compromise between imprisonment and probation. It lets you move around, but with certain restrictions. Failing to comply with electronic monitoring rules can lead to immediate consequences, including the revocation of probation and additional jail time.
Regular Meetings With Your Probation Officer
One of the most common conditions of probation for a hate crime sentence is meeting with your probation officer regularly. These mandatory check-ins will hold you accountable and stay aligned with all aspects of your probation terms.
At these meetings, your probation officer will review your compliance with restrictions, such as:
- Curfews
- Travel limitations
- Community service or restitution orders
The frequency of these sessions will depend on the details of your probation, but they will be weekly or monthly.
These meetings are not only for oversight. Probation officers help you navigate probation successfully, offer support and guidance, and provide resources. For example, if you experience problems meeting any particular conditions, such as a job, using substances, or following recommended behavioral counseling, your probation officer can refer you to the right support services.
Missed meetings or violations reported during the sessions can result in stricter penalties, including revoking your probation. An outcome like this could lead to incarceration, and that is why you should view these meetings as necessary for your freedom and your successful rehabilitation.
Fines and Court Fees
Paying court fines and fees is a basic requirement of your sentencing. The financial penalties imposed are for things like administrative costs, costs to run the court, and sometimes even costs of programs needed while on probation.
Court fines can be hefty, particularly for hate crimes that aim to reflect the gravity of the offense and deter further offenses. If the court enhances your sentence, the odds are that these fines will also increase accordingly to reflect the aggravated nature of the offense.
Meeting these financial obligations on time is of the essence. Failing to complete probation can result in potential violations, attracting additional fines, fees, or penalties. Payment deadlines are often spelled out in courts, and, in some cases, courts even allow payment plans to help ease the financial burden. However, ignoring these fines can turn the manageable conditions into significant legal problems.
In addition, some jurisdictions charge interest on unpaid fees, which generates additional amounts owed over time. Keeping up with these financial responsibilities demonstrates a commitment to complying with your sentence, which can be viewed positively by the court and your probation officer.
Compliance with Community Supervision Orders
Another part of your probation is complying with community supervision orders. Compliance helps keep you accountable and your rehabilitation. Community supervision means you serve part of your sentence outside of prison but are under strict conditions with almost constant supervision by a probation officer.
The orders contained in these orders are typically a variety of obligations, all designed to address the nature of your offense and your circumstances, promote lawful behavior, and prevent future offenses.
You are expected to follow every order under community supervision. You may be ordered to do community service, attend counseling, be employed, and follow curfews. Community supervision for those with a hate crime conviction is often substance abuse assessments, anger management courses, or bias rehabilitation programs.
If you miss scheduled check-ins, don’t show up for drug tests, or don’t follow treatment programs, you can jeopardize your probation and face serious consequences, including additional penalties or revocation of your supervised release.
Obeying these orders in full shows the court and your probation officer that you are willing to change and are accountable, which may be helpful when you petition for sentence adjustments or early release.
Compensation to the Victims
In addition to being a financial obligation, paying restitution to the victims is a legal and moral obligation that demonstrates your responsibility for the injury you have caused after the crime commission. Restitution is intended to offset victims' direct losses incurred, including:
- Medical costs
- Counseling charges
- Repairs to property
- Other finances related to the crime
Unlike a simple fine, restitution is personal. It connects the harm inflicted with your duty to make amends, even if they are only partial.
Failure to comply with restitution orders can have serious consequences. If payments are missed or refused, the court may take actions such as extending probation, enforcing wage garnishments, or potentially revoking your supervised release.
Courts see restitution as a form of accountability and an essential part of rehabilitation.
Speak with a Reputable Criminal Defense Attorney Near Me
A felony hate crime fueled by bias or prejudice against persons of a particular characteristic attracts a hate crime penalty enhancement. California’s strict sentencing enhancements are designed to punish and signal a zero-tolerance approach toward crimes fueled by discrimination.
If you or a loved one is facing felony hate crime charges in Van Nuys, our team at Leah Legal is ready to defend you. We will inform you of your rights, build a strong defense, and be by your side through every step of your case. Call us today at 818-484-1100.