Few people want to be known as a racist. And beyond the criminal penalties, the social consequences of being labeled a racist or a perpetrator of hate crimes are devastating, even when those claims are false. Moreover, many states have adopted “hate crime laws,” which provide criminal penalties for crimes that target protected persons because of their protected status.

San Diego Attorney for Hate Crime Charges

The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.

Hate Crimes, Defined

Under Pen. Code, § 422.6, subd. (a), California law makes it a crime to:

  • whether or not acting under color of law;
  • by force or threat of force;
  • to willfully injure, intimidate, interfere with, oppress, or threaten;
  • any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States;
  • in whole or in part because of one or more of the actual or perceived characteristics of the victim defined as a “hate crime.”

Under Pen. Code, § 422.55, subd. (a), California law defines a “hate crime” as a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

  • Sexual orientation;
  • Religion;
  • Ethnicity or race;
  • Nationality;
  • Gender;
  • Disability;
  • Association with a person or group with one or more of these actual or perceived characteristics.

Hate Incidents

The state of California makes a distinction between hate crimes and hate incidents. While the former is a criminal offense, California also recognizes behavior that is hateful in nature, but not criminal. These actions, called hate incidents, may include the following:

  • Name-calling
  • Insults
  • Displaying hate material on your own property.
  • Posting hate material that does not result in property damage.
  • Distribution of materials with hate messages in public places.

While not criminal, these actions may place you in danger of civil penalties under the Ralph Act, Civil Code § 51.7. These penalties can include up to $25,000 in fines and protective orders.

Penalties for Hate Crimes in California

The crime is punishable by up to one year in county jail, a fine not to exceed $5,000 and community service, but specifies that no person shall be convicted of violating Penal Code section 422.6, 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.

Under Pen. Code, § 422.6, subd. (c), a hate crime can be charged as a misdemeanor or a felony. Pursuant to Pen. Code, § 422.75, a person who commits a hate crime that is a felony shall receive an additional term of one, two, or three years in state prison, or an additional term of two, three, or four years if the act was committed in concert with another person.

Hate Crime as a Circumstance in Aggravation

Pursuant to Pen. Code, § 422.76, the fact that a person committed or attempted to commit a felony that is a hate crime shall be considered a circumstance in aggravation except when:

  • the court imposes an enhancement for a hate crime;
  • imposes the upper sentencing term for:
    • committing robbery;
    • assault with a deadly weapon; or
    • by means of any force likely to cause great bodily injury.

Additional Resources

Hate Crimes in California 
Visit the website of the California Attorney General to learn more about the Attorney General’s Hate Crime Rapid Response Team. The team is one of the tools used by the California Department of Justice to help local, state, and federal law enforcement authorities investigate possible hate crimes. Find a definition of a “hate incident” as an action or behavior motivated by hate but legally protected by the First Amendment right to freedom of expression. Find out more about how to spot a hate crime and the best way to report the incident.

Hire a Criminal Defense Attorney for Hate Crime Charges in San Diego, CA

The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.