Hate Crimes Attorney Chicago, Illinois

Hate Crimes Attorney in Chicago, Illinois Serving All of Cook County

Hate crime allegations in Chicago and throughout Cook County can have very serious consequences. Beyond potential criminal penalties, simply being accused of committing a hate crime can damage your reputation, put a strain on your personal relationships, and even affect your career opportunities. That’s why it’s critical to have a skilled criminal defense team protecting your rights from the very beginning.

At Combs Waterkotte, we understand that hate crime charges usually involve complex questions about intent, motive, and witness credibility. When you hire us to take on your case, our attorneys will take a thorough look into every facet of the charges against you, reviewing police reports, digital evidence, and every other detail the prosecution intends to use against you.

With more than eight decades of combined criminal defense experience, we know how to identify weaknesses in the state’s case to help get your charges reduced or dismissed. We employ a client-centered approach to keep you informed at all times as your case progresses.

From your initial consultation through to the resolution of your case, our team will stand by your side and advocate aggressively for you. If you’re facing hate crime charges in the Chicago area, contact Combs Waterkotte online or call (314) 900-HELP today. Hurry—your freedom and future may depend on it.

Hate Crime Legal Definition in Chicago, Illinois

Under Illinois law, the legal definition of a hate crime is outlined in 720 ILCS 5/12-7.1. This detailed statute defines several protected classes for which a person may be targeted for a hate crime. In Chicago, a person commits a hate crime for committing certain offenses against another based on their real or perceived beliefs around that person’s:

• Race
• Color
• Creed
• Religion
• Ancestry
• Gender
• Sexual orientation
• Physical disability
• Mental disability
• Citizenship
• Immigration status
• National origin

The statute also includes a very specific list of criminal offenses that constitute hate crimes. These offenses include:

• Assault
• Battery
• Aggravated Assault
• Intimidation
• Stalking
• Cyberstalking
• Misdemeanor theft
• Misdemeanor property damage
• Criminal trespass to residence
• Criminal trespass to vehicle
• Criminal trespass to property
• Mob action
• Disorderly conduct
• Transmission of obscene messages
• Harassment by telephone
• Harassment through electronic communications

Finally, one other important aspect of the statute is critical to understand. The law states that a person can commit a hate crime “regardless of the existence of any other motivating factor or factors.” This essentially means that the targeted individual’s identity does not have to be the sole factor in a hate crime charge.

For example, imagine a person and their Muslim neighbor are arguing over a parking spot. During the exchange, the aggressor assaults the Muslim individual and uses anti-Muslim slurs against them.

In this instance, the aggressor cannot claim that they did not commit a hate crime by asserting that the argument was primarily about the parking spot. For the assault and the use of slurs, the aggressor may still be charged with a hate crime “regardless of other factors.”

Is a Hate Crime a Felony in Chicago, Illinois?

Yes, hate crimes are always charged as a felony offense in Chicago and Cook County. For a first-time offense, a hate crime is charged as a Class 4 felony. For second or subsequent hate crime offenses, offenders face Class 2 felony charges.

There are, however, certain instances in which a first-time hate criminal offense can be charged as a Class 3 felony. This is true when the crime is committed:

• In or around a church, synagogue, mosque, or similar religious location
• In a cemetery, mortuary, or other location used to memorialize the dead
• In a school or other educational facility
• In a public space within 1,000 feet of any place listed above

In many cases, though, a felony charge isn’t the only thing you have to worry about during a Chicago hate crime prosecution. There are several other factors to consider that can affect your life in many different ways.

Consequences of a Chicago, Illinois Hate Crime Conviction

Aside from potential prison time, a conviction for a hate crime in Cook County court can lead to additional consequences. For example, Illinois law sometimes requires individuals convicted of hate crimes to:

• Pay restitution to the victim
• Pay a fine
• Perform at least 200 hours of community service
• Take an educational program discouraging hate crimes against the protected class involved in your specific case

There are also civil consequences to consider. Illinois’s hate crime statute expressly allows victims to bring civil litigation against perpetrators of hate crimes. Convicted individuals may be ordered to pay damages and the victim’s attorneys fees and court costs.

A hate crime conviction may also bring a slew of other collateral consequences, including:

• Employment barriers for having a felony conviction
• Housing application denials for having a felony record
• Professional licensing problems
• Orders of protection against the victim
• Loss of firearm rights as a convicted felon

Criminal Defense Strategies Against Chicago, Illinois Hate Crime Charges

Given the seriousness of a hate crime charge in the Chicago area, it’s critical to hire a criminal defense attorney to handle your case. At Combs Waterkotte, we’re prepared to fight hate crime allegations in Chicago and Cook County by employing the following criminal defense strategies.

Challenging Whether Bias Motivated the Alleged Offense

Under Illinois law, a hate crime charge requires Cook County prosecutors to prove that the defense acted at least partly because of a protected characteristic of a victim. In many of these cases, a defense lawyer will try to argue that the incident was caused by a personal dispute, a misunderstanding, or a business disagreement, instead of discriminatory conduct. If the evidence fails to show that the act was motivated by race, religion, sexual orientation, or another protected characteristic, the charges may not hold.

Arguing That Statements Were Taken Out of Context

Chicago prosecutors tend to rely on things like texts, social media posts, recorded conversations, or witness statements in hate crime cases. A defense lawyer can challenge whether the statements in question actually reflected a defendant’s real intent or whether they were quoted selectively or taken out of context. Showing that a statement had a different meaning than what prosecutors claim can help undermine hate crime allegations.

Contesting Witness Credibility

When a hate crime case leans heavily on witness accounts of what was said or done, a defense attorney can examine inconsistencies in those witness’s statements regarding the incident. After all, witnesses may have had limited visibility, incomplete memories, or even their own personal biases. If the prosecution’s witnesses aren’t reliable, it can be difficult to prove a hate crime beyond a reasonable doubt.

Challenging the Identification of the Defendant

In certain hate crime investigations, the primary issue at hand is whether Chicago PD identified the correct suspect. Police may arrest the wrong person when allegations stem from online communications, crowded public incidents, low-quality surveillance footage, or unreliable eyewitness identifications. A defense lawyer can scrutinize photo lineups, video evidence, digital records, and police procedures to determine whether law enforcement made a mistake when making their initial arrest.

Disputing the Underlying Criminal Offense

Chicago hate crime charges depend on two factors: the protected characteristic of the alleged victim, and a purported crime against that victim like assault, battery, stalking, harassment, etc. A defense attorney may be able to focus on challenging the underlying allegation itself. If the prosecution can’t establish that a defendant actually committed an offense in the first place, the charges may not stand up.

Demonstrating a Lack of Intent

The outcome of many criminal cases in Chicago and Cook County come down to intent, and hate crimes are no exception. A defense attorney may argue that the defendant’s actions were misunderstood, completely accidental, or that they lacked the level of intent required for a conviction. Depending on the circumstances of the case, evidence may show that a defendant never actually intended to threaten, intimidate, harass, or target anyone due to their race, sexual orientation, or religion. Establishing a lack of intent can help create reasonable doubt and weaken the prosecution’s case.

Challenging Digital and Electronic Evidence

Modern hate crime prosecutions typically involve emails, social media posts, text messages, and other forms of electronic communication. Defense lawyers investigate whether this kind of evidence was altered, misattributed, obtained unlawfully, or presented without important context that changes the way it should be viewed. Questions about the authenticity and reliability of digital evidence can affect the strength of the prosecution's case.

Constitutional and Procedural Defenses

All criminal defendants are protected by constitutional rights throughout the investigation and prosecution process. A defense lawyer can examine whether law enforcement conducted an unlawful search, obtained statements in violation of a defendant's rights, or otherwise failed to follow proper procedures. When constitutional rights violations happen, courts may suppress evidence or limit a prosecutor’s ability to use certain information.