Latest federal hate crime guilty plea and rising hate crime numbers brings nationwide attention to Washington State.

Hate crimes seem to be growing in numbers throughout the Seattle, Washington area with 41 incidents reported to the Seattle Police Department in the first six months of 2015.

That number is up 50% from the 28 that was reported during the same time last year.

In the state of Washington, hate crimes in general have progressively increased in the past three years. The Washington Association of Sheriffs and Police Chiefs reported approximately 300 incidents in 2013 alone.

The latest in hate crime news was of the 34-year-old Bremerton man who pled guilty on August 7, 2015 for shouting anti-gay slurs as he threatened to stab a man in Seattle's Capitol Hill neighborhood. He was charged earlier under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act. This latest news coming on the heels of a Seattle Times report on data gathered by the Federal Bureau of Investigation (FBI) stating that Seattle had the third-highest rate of hate crimes against lesbian, gay, bisexual and transgender (LGBT) people among large U.S. cities in 2012. In addition, Seattle Police records show that crimes targeted at the LGBT community in the first half of 2014 have already surpassed those reported in 2013.

What is a hate crime?

Under Washington State law,

“A person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap:

     (a) Causes physical injury to the victim or another person; 
     (b) Causes physical damage to or destruction of the property of the victim or another person; or
     (c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property….

“A crime is an act deemed to be illegal, it becomes a hate crime when it is motivated by bias or prejudice against a person or people perceived to be a part of a group, and that is intended to induce fear, scare, terrify or cause psychological harm.”  Malicious harassment - Definition and criminal penalty. (n.d.).

Examples of crimes which could be charged as a hate crime if evidence of bias is proven include but are not limited to:

• Physical assault

• Vandalism

• Criminal trespassing

• Bullying

• Rape

• Murder

• Harassment (sexual, physical or verbal)

• Reckless endangerment

• Robbery

What are hate crime laws?

State hate crime laws tend to impose tougher penalties on criminals who target their victims because of the victim’s race, ethnicity, religion, gender, sexual orientation, gender identity or disability. For instance, if a criminal harasses or assaults a person because they are Muslim, the crime could be deemed a hate crime.  

What does the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act do?

This act, which was signed into law by President Barack Obama on October 28, 2009, allows the federal government to provide assistance in the investigation and prosecution of hate crimes –

“or, in limited circumstances, to investigate and prosecute hate crime cases when a locality is unable or unwilling to prosecute. Second, it ensures that those criminals who target their victims because of race, color, religion, national origin, gender, sexual orientation, gender identity or disability are all covered by the law”.

What are the penalties for hate crimes?

Penalties for hate crimes can vary widely depending on state laws and the severity of the crime. Some penalties that can be ordered are:

• Death

• Incarceration

• Fines

• Victim compensation

• Completion of an anti-racism program

• Completion of an anger management program

What if I have been accused of a hate crime?

If you have been accused of committing a hate crime, it is important that you speak with a criminal defense attorney without delay. A criminal defense legal team can protect your rights and help you prove the crime in question was not motivated by hatred or bias towards an individual or group based on a particular perception or belief.

If You’ve Been Arrested in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defends the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!