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Hate Crimes

In recent years, discrimination has been a significant issue in the country. The country has become more hostile than ever about issues such as gender equality, race relations and immigration status. Some law enforcement agencies and prosecutors are becoming more aggressive in their pursuits of hate crimes because of the political climate. Investigators and prosecutors must be held accountable for investigating and charging all criminal acts fairly. It is important to challenge unfair charges if a crime is being charged too harshly or repeatedly, or based on an intent the defendant didn’t possess. This will prevent a wrongful conviction from being made and can deter law enforcement officials and prosecutors from making improper charges in the future.

LunaLaw, a Miami criminal defense lawyer, can help you defend yourself or someone you love against hate crime charges. Hernan is an experienced lawyer who can defend many types of crime and help defendants protect their legal rights throughout the criminal proceedings.

Federal jurisdiction is required in order to bring a hate crime case in federal court. Section 249 lists the specific circumstances in which federal jurisdiction is available over hate crimes to meet this requirement. These are situations in which the crime was caused by or resulted from the victim’s travel across a State or national border. Federal jurisdiction is also available if the defendant used an instrument, channel, or facility of interstate commerce or if the weapon, explosive, incendiary, or dangerous weapon used in the crime was transported in interstate commerce. Federal jurisdiction also applies to hate crimes that disrupt commercial or other economic activity of the victim at the time of the conduct or affect interstate or international commerce. The Section also gives federal jurisdiction to hate crimes committed within the maritime or territorial jurisdictions in the United States.
Although federal jurisdiction and protected victims may seem complex, it is important to understand how federal law can be affected by certain actions. Federal crimes are often more serious than those under state law. Federal criminal convictions may also be more likely than state law to impact federal rights such as the right to travel internationally or participation in the armed forces. Federal defendants should be represented by an experienced attorney who is familiar with federal law.

Federal jurisdiction is required in order to bring a hate crime case in federal court. Section 249 lists the specific circumstances in which federal jurisdiction is available over hate crimes to meet this requirement. These are situations in which the crime was caused by or resulted from the victim’s travel across a State or national border. Federal jurisdiction is also available if the defendant used an instrument, channel, or facility of interstate commerce or if the weapon, explosive, incendiary, or dangerous weapon used in the crime was transported in interstate commerce. Federal jurisdiction also applies to hate crimes that disrupt commercial or other economic activity of the victim at the time of the conduct or affect interstate or international commerce. The Section also gives federal jurisdiction to hate crimes committed within the maritime or territorial jurisdictions in the United States.
Although federal jurisdiction and protected victims may seem complex, it is important to understand how federal law can be affected by certain actions. Federal crimes are often more serious than those under state law. Federal criminal convictions may also be more likely than state law to impact federal rights such as the right to travel internationally or participation in the armed forces. Federal defendants should be represented by an experienced attorney who is familiar with federal law.

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