Hate Crimes Defense Lawyer in St. Louis

Understanding Hate Crime Charges in Missouri

Hate crimes refer to offenses that are motivated by a bias against a particular group of people, including those that belong to specific races, religions, ethnicities, gender identities, and sexual orientations. The crimes that fall under this category include:

• Assault and battery
• Murder
• Rape
• Harassment, including verbal harassment
• Theft and larceny
• Vandalism

Missouri law allows for harsher penalties for these crimes if they’re knowingly motivated by bias. Under these circumstances, they can be elevated to more serious classifications than they normally would be.

For example, crimes like unlawful use of a weapon or property damage would ordinarily be Class E felonies. If these crimes are seen as motivated by bias, however, they can be upgraded to Class D felonies, which carry much more significant penalties.

There are also a number of charges that are normally considered misdemeanors that would be elevated to felonies if they’re deemed to be hate crimes. These can include trespassing and harassment.

Penalties Associated With Missouri Hate Crime Convictions

Hate crimes are harshly punished in Missouri. The exact penalties you face will depend on the charges you face and the situation from which they arose.

If you’re charged with a Class E felony, you could face imprisonment of up to four years, with those serving just one year having the opportunity to do so in a county jail. You could also be forced to pay up to $10,000 in fines.

Those charged with a Class D felony, which would be the case if they allegedly committed an assault in the third degree that’s seen as a hate crime, could face up to seven years in prison, as well as up to $10,000 in fines.

Class C felonies carry a sentence of no less than three years but no more than 10, along with up to $10,000 in fines.

Class B felonies, including elevated second-degree assault, could mean facing at least five years in prison but no more than 15. The fines for a Class B felony are also much higher than for other felony charges.

For Class A felonies like murder, you could face up to life in prison and no less than 10 years behind bars. Added to that are substantial fines that could cripple you financially.

Keep in mind that being convicted on these charges means you’ll have a criminal record. Such a record can be what causes some of the most life-altering consequences, making it impossible to live as you want to.

With a criminal record, you could be barred from working in certain professions, including law enforcement and banking. You could also lose certain professional licenses, leaving you unable to pursue the career you’ve trained for.

Moreover, every time you apply for a job, you’ll have to state that you have a criminal record, which could mean fewer work opportunities.

Having a hate crime on your criminal record could also impact your chances of getting a house or apartment. Landlords hesitate to rent places to those with a criminal history, and some might deny their applications outright. Additionally, you’ll need a steady income to rent, which could be challenging if you have limited job opportunities.

If you were planning on going to school, you may not be eligible for loans or financial aid. Depending on the convictions you have, you may also be prohibited from being near certain people.

To make matters worse, you won’t be able to own guns, and you could even lose your voting rights. Additionally, there’s a social stigma associated with criminal records. You could struggle to make friends or start a family because of the way people see you.

Hate Crime Defenses: How Our St. Louis Lawyers Can Help

By hiring a team of St. Louis criminal defense lawyers with experience representing clients accused of hate crimes, you can present a strong defense that might keep you from experiencing the most serious consequences. Combs Waterkotte can help prepare the most appropriate defense based on your unique circumstances.

One of the strategies we can pursue is to show that there isn’t enough evidence to prove that you committed a hate crime. As with all criminal cases, you must be shown to be guilty beyond a reasonable doubt, which requires strong evidence. We’ll assess what the prosecution has against you and argue that it isn’t enough.

In some instances, the prosecution might have obtained certain evidence illegally. If law enforcement officers entered your home or vehicle without a valid warrant or probable cause, anything they acquired could be thrown out.

Another possible defense is mistaken identity. We can create doubt regarding what witnesses may have seen and show that you couldn't have committed the alleged crime because you had an alibi.

In some cases, the right defense may be to show that any crimes you allegedly committed weren’t motivated by bias. While this might not allow you to avoid a conviction altogether, it could serve to lessen the severity of the penalties you do face.