Hate Crime Laws in Dallas, TX

Types Of Hate Crimes in Texas

The different types of hate crimes include gender, sexual orientation, people with disabilities, race, and religious affiliation among others.

The Federal Bureau of Investigation has been tasked with tracking modern day hate crimes in this context.

Examples Of Cases Involving Hate Crimes

During the Shepard murder trial, one of the assailant’s girlfriends reportedly told authorities that anti-gay sentiments drove him. It may seem bizarre in today’s culture, but she allegedly thought that would help the accused case.

Apparently, she suffered the same anti-gay bias that drove the killing. Shepard’s killers were convicted and sentenced to double-life. The trial also prompted Congress to pass the Matthew Shepard Act that enhanced protections.

The point is that statements about bias toward another can lead law enforcement to level hate crime charges. Defendants are advised to check their personal biases because law enforcement will not share the same views.

Do Hates Crimes Carry a Harsh Sentence?

The basic premise of hate crime laws is to deter people from harming others based on specific biases.

Things such as race, ethnicity, sexual orientation, religion and gender among others are the common motivations that prosecutors rely on that can increase a Misdemeanor or felony to a hate crime, which would carry a harsher sentence.

This would also allow aggravated assault charges to see an increase in penalties. Other crimes include destruction of property and even conspiracy.

Hate Crime Is Not A Stand Alone Offense In Texas.

In Texas, a hate crime causes penalty enhancement. This means, the assault or destruction of property is enhanced due to the fact that there was a bias.

Remember, for this to apply, the State must prove beyond a reasonable doubt that the offense was committed due to bias against a protected group.

Types Of Protected Groups

• Race
• Color
• Disability
• Religion
• National origin or ancestry
• Age
• Gender
• Sexual preference

Texas Hate Crime Penalty Enhancement

Texas Penal Code § 12.47 governs hate crime enhancements. If the enhancement is proven, the punishment level increases by one degree.

How Punishment Increases

• Class C Misdemeanor → Class B Misdemeanor
• Class B Misdemeanor → Class A Misdemeanor
• Class A Misdemeanor → State Jail Felony
• State Jail Felony → Third Degree Felony
• Third Degree Felony → Second Degree Felony
• Second Degree Felony → First Degree Felony
• First-degree felonies cannot be enhanced further under this statute.

Federal Hate Crime Charges

In some rare cases, the federal government can prosecute under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Federal charges apply when:

• If the offense affects interstate commerce
• When a victim is targeted based on race, religion, national origin, gender, sexual orientation or disability
• The Federal government can choose to prosecute if they deem  state prosecution is insufficient
• Federal penalties are often lengthier prison sentences, with life imprisonment in severe cases.

Crimes With Hate Crime Enhancement

• Assault
• Aggravated Assault
• Criminal Mischief (including graffiti targeting religious institutions)
• Terroristic Threat
• Harassment
• Online threats or social media-related offenses

First Amendment and Constitutional Discussion

Hate crime often intertwine free speech. Using offensive speech itself is not illegal in the United States. For example, political views, controversial opinions, and protected speech cannot be used as a basis for criminal charge.

Prosecutors have to prove that both the underlying criminal act and there was intentional discriminatory selection. Without the criminal act, there is no crime. Finally, the element of intent is often heavily contested in the judicial system.

Defense Strategies We Use For Hate Crime Enhancement Charges

• Challenge proof of discriminatory intent
• Attacking motive-based evidence
• Suppressing unlawfully obtained phone and social media evidence
• Separating protected speech from criminal conduct
• Negotiating removal of the enhancement allegation
• Challenging witness credibility

Consequences of Hate Crime Allegations

• Immigration consequences
• Loss of employment
• University disciplinary proceedings
• Protective orders
• Federal investigation

Why Legal Representation Matters

A hate crime enhancement can increase potential jail or prison sentencing quite heavily. Having an attorney intervene early on in the case may influence whether the courts pursue the enhancement at all.

Schedule a free consultation with Tim Clancy today. He has decades of experience in criminal defense, and he has a track record with thousands of case results favoring the defendant.