Hate crimes have received a considerable amount of attention in recent years, and statistics indicate that they are on the rise. The State of Texas takes hate crimes very seriously and implements fines and sentences that reflect this stance. If you or someone you care about is facing a hate crime charge in Texas, it’s time to consult with an experienced Killeen criminal defense attorney.
What Is a Hate Crime in Texas?
Texas defines hate crimes as crimes against individuals or their property that are motivated by prejudice, hatred, or the advocacy of violence. The federal definition expands this to include crimes that show evidence of prejudice based on race, religion, sexual orientation, ethnicity, or disability.
In Texas, hate crimes are typically considered enhanced penalty offenses. A crime qualifies as a hate crime when the criminal act interferes with another person’s ability to exercise or enjoy a specific right, such as the constitutional right to freedom of religion.
The bias or prejudice that drives a hate crime is based on the perpetrator's perception of one of the following markers of identity of the victim:
Race, skin color, or national origin
Age
Religion
Gender or sexuality
Disability
Hate in this context does not mean anger or rage. Instead, it refers to bias against specific legally protected groups.
If you believe your rights are being violated during a criminal investigation, don’t wait to speak with a criminal defense attorney in Killeen who can protect your interests.
Determining Whether a Crime Qualifies as a Hate Crime
Texas examines each case individually to determine whether it qualifies as a hate crime.
Was the Accused Motivated by Bias or Prejudice?
If the accused targeted someone because of their inclusion in a protected class, the act might qualify as a hate crime. However, proving motive can be challenging.
Did the Accused Use Hate Language or Symbols?
The presence of hate symbols, slurs, or other derogatory language can support claims that a crime was motivated by bias.
Is There a Pattern of Prejudice?
If the defendant has a history of targeting individuals based on protected characteristics, this pattern can support hate crime charges.
Did the Crime Affect the Victim's Community?
If the crime caused fear or intimidation within a community, this impact can support the application of the hate crime enhancement.
If you're being investigated or charged, speak with a criminal defense lawyer in Killeen as early as possible to protect your rights.
Penalties for Hate Crimes in Texas
Hate crime charges in Texas function as enhancements. If convicted, the penalties are increased by one degree of severity. For example, a Class C misdemeanor normally carries a fine of up to $500 and no jail time, but if it is classified as a hate crime, it becomes a Class B misdemeanor with a fine of up to $2,000 and up to 180 days in jail.
Don’t let an enhanced charge take you by surprise. Contact a Killeen criminal defense lawyer to understand the full scope of penalties you could be facing.
When the Federal Government Steps In
Federal laws allow federal authorities to assist state jurisdictions with hate crime cases by providing funding, resources, or direct prosecution. While most hate crime cases are handled at the state level, the federal government may intervene in especially serious or complex cases.
If federal charges may be involved in your case, the support of a knowledgeable defense attorney is even more critical. Reach out today for help.
Hate Crimes vs. Hate Speech
Hateful or offensive speech is not a crime under Texas or federal law unless it incites violence or leads directly to a criminal act. If hate speech leads to criminal conduct, the speaker may face charges enhanced under hate crime statutes.
Snyder v. Phelps: A Free Speech Landmark
The Supreme Court case Snyder v. Phelps serves as a critical benchmark in understanding the protections offered by the First Amendment. The case arose when members of the Westboro Baptist Church, a Kansas-based group known for its inflammatory views, picketed the funeral of Marine Lance Corporal Matthew Snyder. The church members held signs with deeply offensive messages, including "Thank God for Dead Soldiers" and "Don't Pray for the USA," while standing on public land near the funeral.
The soldier's father, Albert Snyder, sued the church and its leader, Fred Phelps, for intentional infliction of emotional distress, arguing that the protest had caused him severe emotional harm. While a jury initially awarded Snyder $10.9 million (later reduced to $5 million), the Fourth Circuit Court of Appeals reversed the decision, ruling that the speech was protected under the First Amendment.
The U.S. Supreme Court affirmed the appellate court's decision, emphasizing that even hurtful or offensive speech is entitled to constitutional protection when it involves matters of public concern. The Court reasoned that the protest addressed issues such as the nation’s treatment of LGBTQ individuals and the military, and was therefore within the realm of public discourse.
This case underscores that hate speech, while morally troubling, may still be protected under the First Amendment unless it incites violence or leads to unlawful actions.
Hate Crime Statistics in Texas
The U.S. Department of Justice recently reported some startling statistics about hate crime trends in Texas:
Hate crimes in Texas increased from 2020 to 2022.
Over half of the 616 reported hate crimes in 2022 were based on race, ethnicity, or ancestry.
Other motivations included sexual orientation, religion, gender identity, disability, and gender.
In 2022:
64.6% of hate crimes were against persons.
32.3% were against property.
3.1% were crimes against society.
Speak with a Killeen Criminal Defense Attorney Today
A hate crime enhancement can significantly increase the penalties you face and should never be taken lightly. Attorney Brett Pritchard at the Law Office of Brett H. Pritchard has the experience and determination to fight these complex charges. Call us at (254) 781-4222 or contact us online for a FREE consultation.