Mississippi Criminal and Family Law BlogAccording to the National Law Review, on January 10, 2023, a federal grand jury in Boise, Idaho returned an indictment charging an Idaho man with a hate crime. The indictment alleges that on October 12, 2022, a thirty-one (31) year old man attempted to cause bodily injury to two individuals in Boise by driving his car at them. The indictment further alleges that the attack was motivated by the actual and perceived sexual orientation of the victims. The Boise Police Department as well as the FBI Salt Lake City Field Office are the two agencies who investigated the case. Notably, it is crucial to mention that an indictment is merely a criminal charge, and the Idaho man charged is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
In 2021, the Federal Bureau of Investigation (FBI) released that there were 7,759 reported hate crimes in the US – by far the highest level in twelve (12) years. However, according to National Public Radio, some experts have expressed that the exact number of hate crimes in the US is likely higher as not every crime is reported to law enforcement, not every agency reports its data to the FBI, and many agencies report no incidents.
What is a Hate Crime?
As defined by the FBI, a hate crime is defined as a committed criminal offense which is motivated, in whole or part, by the offender’s bias or biases against any of the following:
- Race
- Religion
- Disability
- Sexual orientation
- Ethnicity
- Gender
- Gender identity
Notably, even if the offender is mistaken in their perception that the victim was a member of one of the above-mentioned groups, his or her offense is still considered to be a bias crime because the offender was ultimately motivated by bias. The FBI reports that the most common hate crimes that are reported are destruction, damage, and/or vandalism, intimidation, and simple assault.
Mississippi Laws on Hate Crimes
While Mississippi does have a law that addresses hate crimes, there has been a renewed push within the legislature to revise the law, according to WLBT Channel 3. Under Mississippi law, if a jury finds beyond a reasonable doubt that:
- The offender perceived, knew, or had reasonable grounds to know or perceive that the victim was within a delineated class; AND
- The offender maliciously and with specific intent committed the offense because the victim was within a particular delineated class
Although similar to the FBI’s defined classes, Mississippi law requires that the offender commit the underlying crime because of the victim’s actual or perceived:
- Race
- Color
- Religion
- Ethnicity
- Ancestry
- National origin
- Gender
Or, conversely, that the underlying crime was committed because of the victim’s actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician. If a jury is to find beyond a reasonable doubt that the above-mentioned requirements are met, the offender may be subject to an enhanced sentencing procedure as a result.
Finding an Attorney
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a hate crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your free consultation to learn more.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.