Illinois hate crime laws were created to criminalize actions taken against groups or individual based on race, gender, religion, or sexual preference. The laws identify criminal actions that are motivated by the hatred of the group or individual for these reasons. When a crime is identified as a hate crime the penalties are increased.
How are Hate Crimes Identified
To identify an infraction as a hate crime, certain elements must be present. In some instances, symbols that represent specific hate groups help to identify hate crimes. These symbols are placed on buildings, nearby, or on the victim. An investigation determines if the accused is a member of any known hate groups.
The severity of the victim’s injuries could indicate a hate-motivated bias. For example, if the offender injured more than one victim, the severity of the injures are compared. If a motive that is based on hate is identified, the accused could face a hate crime charge. Anyone arrested on a hate crime charge should contact a Criminal Defense Lawyer in Kankakee now.
The Timing of the Offense
The timing of the offense could designate the infraction as a hate crime. For example, if he or she chose a religious holiday or event associated with a specific group outlined in the laws, it could be classified under this category. For example, if the offender attacked participants during an event that identified themselves as a part of the LBGT community, this could be considered a hate-charged crime.
Did the Victim Provoke the Accused?
Physical violence that was provoked could change the circumstances. For example, if the accused attended an event without an ulterior motive and was assaulted, they are within their rights to defend themselves. In these instances, the testimony provided by the accused must be conclusive with their injuries and testimony offered by bystanders.
Hate crimes have increased into a nation-wide epidemic. With the heightened debates over related topics, the probability of more hate crimes is probable. However, in the wake of these circumstances, false allegations could surface. Individuals who are accused of these infractions should seek representation through a Criminal Defense Lawyer in Kankakee directly or click for more info today.
