New Hate Crimes Law Will Provide Extra Money and Extra Training to San Diego Prosecutors and Police

President Obama recently signed a new hate crimes bill that will expand the scope of hate crimes. The new law lets the Justice Department get involved in ways beyond merely charging people with crimes. Now the federal government can help state and local officials tackle hate crimes by providing them with federal investigators, forensic tools, and money.

Hate crimes are covered by California Penal Code Section 422.55. For purposes of Section 422.55, a hate crime is a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

1. Disability.
2. Gender.
3. Nationality.
4. Race or ethnicity.
5. Religion.
6. Sexual orientation.
7. Association with a person or group with one or more of these actual or perceived characteristics.

If convicted of a hate crime, you could face imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine. The court will also order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.

The Justice Department could grant San Diego police and prosecutors as much as $100,000 to cover the high costs of prosecuting a hate crime. The bill also includes provisions to train state and local law enforcement officials about hate crimes.

It is important to hire an experienced San Diego criminal defense attorney to deal with hate crime accusations. The attorneys at Wallin & Klarich have over 30 years of criminal defense experience. There may be a significant increase in the number of hate crime prosecution and a good defense to allegations of “hate motivation” is essential. If you or a loved one has been charged with a crime in San Diego, call the experienced attorneys at Wallin & Klarich immediately. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.