Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

What are Hate Crimes and How are they Punished in MA?

A hate crime is a criminal act committed against a victim because he or she belongs to a specific, protected group. In addition to the actual victim, hate crimes may pose a threat to society at large. For example, if a Muslim man is attacked for his religious beliefs, it stands to reason that the attacker may pose a threat to other people of the Muslim faith. For this reason, among others, hate crimes carry especially severe penalties in MA and across the nation.

Protected Groups

Although the First Amendment to the Constitution guarantees every citizen the right to free speech, it does not protect hate crimes. Hateful thoughts and speech are not the same as a hate crime. Posting anti-gay comments on your Facebook page may be protected as free speech, but threatening to kill a man because he’s gay is not free speech, it’s a crime.

You may be charged with a hate crime if you criminally target an individual because of his or her:

  • Race
  • Color
  • Gender
  • National origin
  • Religion
  • Gender
  • Sexual orientation
  • Disability

And perception is what counts. If a straight man is beaten up because his attacker thinks he’s gay, the attacker can still be charged with a hate crime even though the victim does not belong to a protected class. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with a hate crime.

Categories of Hate Crimes

Hate crimes can be committed against a person or group of people, or against an institution.

  • Institutional target – prohibits the vandalism of protected institutions, such as churches, synagogues, or mosques.
  • Protected group – prohibits threats or violence against individuals because of their membership in a protected group, such as religion, race, or gender.

This does not mean, however, that every crime committed against a person who belongs to a protected group is a hate crime. The crime must be committed because of the victim’s membership in that group. For example, if a Muslim man is beaten up and the attackers take his wallet, it may appear to be a hate crime at first glance. But if there is no evidence that the attackers had any knowledge of the victim’s religion, the robbery would not be a hate crime. As such, proving that a crime is a hate crime can be difficult.

To convict someone of a hate crime, the prosecution must prove that the crime was motivated by the victim’s race, religion, or membership in another protected class or group. To do so, the prosecution will look for evidence of the defendant’s use of racial or other slurs, or other biased or derogatory comments. These may be provided by witnesses, or through the gathering of text messages, emails, or social media posts. If convicted, federal hate crime legislation punishes violent hate crimes with 10 years to life imprisonment. A MA criminal defense attorney can help you protect your rights if you’ve been charged with a hate crime.

Altman & Altman, LLP – Criminal Defense Lawyers Serving Boston and the Surrounding Areas

If you have been charged with a hate crime or any other type of criminal offense, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of individuals charged with crimes for more than 50 years. Our experienced, knowledgeable attorneys will analyze the details of your case to determine the most appropriate legal strategy for your unique situation. We will fight tirelessly to keep you out of jail and to keep your record clean. At Altman & Altman, LLP, we have an impressive track record of getting clients’ charges reduced, or dismissed entirely. If you are facing criminal charges, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

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