Discovering The Stipulations Of Hate Crimes Through A Criminal Lawyer In Philadelphia

by | May 8, 2014 | Law

Hate crimes in Philadelphia County are classified as any malicious crime in which a prejudice or racism was involved. In basic, the prosecution must show that the offender was motivated by these prejudices to commit the crime. Hate speech, although it is heinous, does not always imply a hate crime. Anyone who is accused of a hate crime should contact a Criminal Lawyer in Philadelphia to defend them.

How Charges are Imposed

Law enforcement investigates all probable hate crimes. Once it is determined that the accused did, in fact, commit a hate crime, he or she is arrested. The prosecution establishes the motivation of the crime. Most hate crimes are based on race, religion, sexual orientation, and gender. They range from basic assault to extensive offenses.

The prosecution fights for bail assignment to reflect the risks associated with the crime; these measures are taken to keep the victim safe. Bail assignment is at the judge’s discretion. The accused needs a Criminal Lawyer in Philadelphia to represent them.

How these Cases are Conducted

Initially, criminal charges are imposed after the victim files a report with law enforcement. The victim may file a civil suit for damages after the charges are applied. This lawsuit is initiated to collect damages for pain and suffering as well as medical costs or lost wages. The severity of injuries determines how the case is treated.

The Philadelphia County court does treat hate crimes differently than other criminal infractions. The standard penalty for the crime is increased after a hate crime is identified. For this reason, the accused should consult a Criminal Lawyer in Philadelphia if they are wrongfully-charged.

Crimes Associated with Hate and Bigotry

Crimes included in hate-based infractions include criminal trespass, destruction of property, harassment, and stalking. More severe hate crimes are arson, firebombing, and physical assault. At any time, that murder is the charge; it could lead to a landmark case based on the circumstances surrounding the infraction. Race-based infractions include actions such as cross burning. These crimes are conducted to inflict fear in the victim and prosecuted based on this element. Anyone who is accused should contact a Criminal Lawyer in Philadelphia as soon as an arrest is made.

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