Massachusetts takes hate crimes seriously, with specific laws designed to address and penalize criminal acts motivated by bias or prejudice. These crimes not only harm the individual victims but also instill fear and divisiveness within communities. At DeGiacomo & Mikhlin, P.C., we understand the complexities surrounding hate crime laws and are here to provide clarity on how these offenses are defined and punished in the state.
Definition of Hate Crimes in Massachusetts
Under Massachusetts law, a hate crime is defined as a criminal act committed against a person, group, or property motivated by the perpetrator's bias or prejudice towards the victim's race, color, religion, national origin, sexual orientation, gender identity, or disability. The state combines existing criminal offenses with elements of bias to categorize them as hate crimes, thereby enhancing the severity of the charges and penalties.
Hate crimes can include a variety of offenses, such as:
Assault and Battery: When physical violence is directed at an individual due to their protected characteristic.
Vandalism: Targeting property owned by individuals or groups based on prejudice.
Threats and Intimidation: Using threats to instill fear in a person because of their identity or beliefs.
Harassment: Repeated actions that create a hostile or intimidating environment for the victim.
Massachusetts Hate Crime Statutes
Key statutes addressing hate crimes in Massachusetts include:
Massachusetts General Laws Chapter 265, Section 39: This statute specifically addresses crimes committed with the intent to intimidate or harass a person based on race, color, religion, national origin, sexual orientation, gender identity, or disability. The law enhances the penalties for underlying offenses when they are motivated by bias.
Massachusetts General Laws Chapter 266, Section 127A: This statute deals with the defacement or destruction of property motivated by bias. It includes graffiti, vandalism, and other acts of property damage.
Massachusetts Civil Rights Act (MCRA): Under Chapter 12, Sections 11H and 11I, the MCRA allows for civil action against individuals who use threats, intimidation, or coercion to interfere with another person's civil rights.
Penalties for Hate Crimes
The penalties for hate crimes in Massachusetts vary depending on the nature of the underlying offense and the presence of bias motivation. Generally, hate crimes carry enhanced penalties compared to the same offense without a bias element. Possible consequences include:
Increased Fines: Hate crimes often result in higher fines than non-bias-motivated offenses.
Extended Incarceration: The presence of bias motivation can lead to longer jail or prison sentences.
Restitution: Offenders may be required to pay restitution to victims for damages or losses suffered.
Civil Penalties: Under the MCRA, victims can pursue civil actions against offenders, which may result in additional financial penalties.
Legal Process and Defense
When a hate crime is alleged, the prosecution must prove not only the commission of the underlying criminal act but also that it was motivated by bias or prejudice. This often requires evidence of the defendant's intent, such as statements made during the commission of the crime, symbols used, or patterns of previous behavior.
Defending against hate crime charges can be challenging, and it is crucial to seek experienced legal representation. Potential defense strategies may include:
Lack of Intent: Demonstrating that the alleged crime was not motivated by bias.
Insufficient Evidence: Challenging the prosecution's evidence linking the offense to bias or prejudice.
Mistaken Identity: Arguing that the defendant was not the perpetrator of the crime.
Conclusion
Hate crimes are treated with heightened seriousness in Massachusetts, reflecting the state's commitment to protecting individuals from bias-motivated violence and harassment. At DeGiacomo & Mikhlin, P.C., our experienced attorneys are dedicated to providing strong legal defense for those accused of hate crimes. If you or someone you know is facing such charges, contact us today for a consultation. We are here to protect your rights and help navigate the complexities of hate crime laws.