Services

Definition of a Hate Crime

A hate crime is any scenario wherein a person committed a crime specifically because of the identity of the alleged victim. However, evidence of an alleged victim’s identity alone is insufficient to obtain a conviction under this law. The prosecution needs to prove that the defendant committed the crime specifically because of who the alleged victim was.

What Makes a Criminal Accusation in Syracuse a Hate Crime?

New York Penal Law §485.05 defines a hate crime as any criminal activity that targets another person because of their:

  • Race
  • Gender
  • Sexual orientation
  • Color
  • Religion
  • Age
  • Disability
  • National origin

The statute goes on to say that a crime can never be assumed to be a hate crime. Instead, it is the responsibility of the prosecutor in the case to prove beyond a reasonable doubt that the underlying criminal act was committed directly because of the defendant’s beliefs about the alleged victim.

Alternatively, the prosecutor may prove that the defendant committed the crime simply because of who the alleged victim was. For example, if you were to commit a robbery of a convenience store with the express purpose of intimidating people of a Hispanic background, this may considered be a hate crime.

How Hates Crimes in Syracuse are Charged

The court cannot charge you with a specific criminal offense for a “hate crime” under New York Penal Law. Instead, the designation of “hate crime” is an aggravating factor that might accentuate penalties for otherwise illegal activity. Specifically, this aggravating factor makes the punishments for conviction one level more severe than they otherwise would be.

For example, under NYPL §120.00, Assault in the Third Degree is a class A misdemeanor normally punishable by up to one year in jail. However, if this incident is classified as a hate crime, the potential penalties rise to those for a class E felony.

Services

Speak with a Syracuse Hate Crimes Attorney Today

Allegations that a crime was motivated by hate based on race, religion, sexual orientation, or any other immutable characteristic instantly make criminal accusations much more serious. Even relatively minor incidents can rise to the level of serious felonies if the prosecution is able to prove that the crime was motivated by someone’s racial, religious, or sexual identity.

For this reason, it could be essential that, if you are facing allegations of hate crimes, you defend yourself at every opportunity. Hiring a Syracuse hate crimes lawyer to handle your case could be a powerful first step, as the legal team at Tully Rinckey PLLC could work to disprove not only that the incident was motivated by hate, but also defend you against the criminal charges at the core of your case.

Don’t take any unnecessary chances—contact us today to see how we could help you. You can contact us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

Book Your Consultation Now!

Ready to book your consultation? Click here to pay our consultation fee and book your meeting with an attorney today!

Book Your Consultation

What Our Clients Are Saying:

I was most fortunate to be able to hire Derrick Hogan on two separate occasions to fight tickets for us. I cannot even begin to tell you what kind of a professional we were dealing with. His character matched his ability as an attorney. Having to hire an attorney for an out of town situation was a very difficult decision to make. I feel so blessed with dealing with this esquire. Mr. Hogan handled us like a symphony. He was extremely kind, brilliant, confident, sincere, and worked very hard on our behalf. He takes great pride in his work and it certainly shows. I have never in my entire life worked with anyone this professional or more highly qualified. If you decide to hire Derrick Hogan, you will have made the decision to hire the best attorney possible. Sometimes driving a Lexus is a smoother ride than driving a Dodge. You would be getting a Lexus with this lawyer. I give him five stars; he is a superstar himself. What a pleasure for me to recommend Derrick Hogan. Derrick is the absolute BEST of the BEST.
K.F.
Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!
E.K.
Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him – something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.
C.P.
I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.
K.L.
Derrick was a true professional and treated me and my case with dedication and respect. Everything he promised, he delivered. My case was handled with 100% satisfaction.
M.M.

Featured Attorney

Related Articles

WHY CHOOSE US TO REPRESENT YOU

When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.

Commitment to Our Clients

Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.

Commitment to Quality

At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.

Our Process

Our client-centered process is all about communication. During consultations, we teach clients about legal challenges they face and explain options available from their current position. Our attorneys explain how we resolve legal issues for the best possible outcome. We define what the expectations are, create manageable deadlines, and discover evidence to support claims.

Our Personal Process

Contact us

Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.

PREPARE FOR CONSULTATION

Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.

Meet your attorney

We discuss your specific legal goals and gain important information from you to help us understand your unique situation.

VIEW CONSULTATION GUIDE

Find an Attorney
Our Locations
In the news

Contact us today to schedule your consultation.

Get Started

Top