Irvine, Orange County - The California Department of Justice released their report this week, Hate Crime in California 2010, which reports 1,107 hate crimes occurred in 2010 with 60 hate crimes in Orange County.
The report states hate crimes against Latinos increased from 81 incidents in 2009 to 119 in 2010 while hate crimes against Jewish people decreased by 32 incidents, with 128 events reported in 2010, and hate crime against gays and the LGBT community also decreased by 13 incidents, according to the report.
Irvine criminal defense attorney Michael L. Guisti explains if you're being charged with a hate crime you'll face sentencing enhancements if you're convicted in addition to the crime you allegedly committed, and this is why if you're being accused of a hate crime you must contact a professional Orange County criminal lawyer.
Guisti explains under Penal Code 422.55 a hate crime is committed due to one or more of the following actual or perceived characteristics of the alleged victim such as, disability, gender, sexual orientation, nationality, race, religion and/or being associated with a certain group.
Irvine criminal defense attorney Guisti explains your actions generally cross the line from free speech to a perceived hate crime when the speech itself threatens violence against a specific individual or group protected under these laws, and you had the ability to carry out the threat. In a situation like this it's possible to be changed with an assault or criminal threat, in addition to the hate crime.
Guisti explains that you cannot be guilty of a hate crime if, for example, you committed a crime based only one that person's vulnerability rather than because of their race, creed, religion or sexual orientation. For example, if you committed battery on a random man and stole his wallet because the opportunity presented itself, but in the course of the investigation it turns out the man is gay, you cannot be charged with a hate crime against a gay person since you didn't commit a criminal act on this man due to his sexual orientation, according to Guisti.
Guisti says in many vandalism cases the vandals will do what they do and it may turn out the owner of the property or home is part of a group that is commonly targeted in hate crimes and so the district attorney considers bringing charges of hate crimes, even though the alleged vandals never had any intention of vandalizing the said victims property due to his race, religion, orientation and such things protected under hate crimes.
The punishments for hate crimes, according to Guisti, are complex and covered several Penal Code sections that can range from being a misdemeanor to felony and can include an additional year in county jail to life in prison.
If you're being accused of a hate crime it's very important to contact an expert Orange County defense attorney who can review the case and speak with the DA about not bringing these charges, because even if you allegedly committed a crime against somebody of a certain background that doesn't automatically make it a hate crime, according to Guisti.
If you're facing hate crime charges it's very important to contact the Orange County hate crime defense attorney at the Law Offices of Michael L. Guisti at 949-390-9898.
