New York enacted a law referred to the Hate Crimes Act of 2000, which outlines the definitions and stipulations surrounding these offenses in the state. In order for a crime to be classified as a hate crime, it must involve or be based on one of the following: race, religion, sexual orientation, or gender. Any identified hate-crimes, in which the victim was either over the age of sixty, was mentally ill, or incapacitated, incur the full penalty based on the offense. The state of New York reinstated its death penalty as of 1995.
The Basics of Hate Crimes in New York
Any crimes in which the accused choose the victim or committed the crime based on any of the above-mentioned attributes constitutes a hate crime in the state of New York. When a hate crime is suspected the prosecution must identify conclusive evidence that shows clearly the motivation behind these actions. Since the tragedies of 9-11, further emergence of hate crimes has plagued the state, for this reason, prosecutors have strictly enforced all applicable laws and legislation. Anyone accused of a hate crime is advised to seek counsel through Criminal Lawyers in Massapequa NY.
Common Offenses
In the state of New York, the most common offenses that were linked to hate crimes included but were not limited to manslaughter, rape, larceny, reckless endangerment, and arson. While these offenses hold their own penalties and classifications, the state’s attorney can initiate further punishment when a hate crime is implied. All crimes of this nature in which discriminatory actions were taken are considered violent offenses. During sentencing for related crimes associated with hate, the judge will increase the classification of the originally listed charge by one degree.
This implies that if the crime was a Class C felony, that the involvement of a hate crime increases the charge to a Class B felony and punishable by the penalties imposed. In any instance where manslaughter was increased to murder due to an additional classification as a hate crime, the offense is punishable by lethal injection or life imprisonment. Any individual, who is arrested for hate crimes and related charges, may contact the Law Office of Gregory. R. LaMarca to hire Criminal Lawyers in Massapequa NY to represent them.
