Tampa shooting suspect charged with hate crimes

June 27, 2013

Tampa shooting suspect charged with hate crimes

Article provided by Jaime J. Garcia Attorney at Law
Visit us at http://www.jaimegarcialaw.com

Most people in Florida understand that robbing, assaulting or otherwise harming another person is a serious crime that can carry significant penalties. However, not everyone realizes that the penalties for these crimes can be even higher if prosecutors can show that perpetrator was motivated by prejudice against a class of people to which the victim belongs. These offenses are called "hate crimes."

An example of one of these hate crimes can be found in the recent assault arrest of a Tampa teenager. The teenager is accused of shooting a transgendered woman in April 2013.

According to investigators, the two individuals met at a party and agreed to meet up again about a week later. The teenager requested that they meet at a vacant house, and the victim agreed. However, the victim said that she soon became uncomfortable and tried to leave, at which point the teenager drew a gun and ordered her to get on the ground. He then shot at her several times, hitting her once.

The victim said the teenager became angry after he learned that she was not biologically female. After the assault, police obtained the teen's cellphone records, which showed that he had sent text messages bragging about the assault shortly after it occurred. In those text messages, he used graphic language to disparage the victim's sexual orientation. This evidence was sufficient to allow prosecutors to charge the teen with a hate crime.

Florida Hate Crimes

Under Florida law, an offense can be charged as a hate crime if there is evidence to show that the crime involved prejudice against one of the following characteristics of the victim:
-Race
-Color
-Ancestry
-Ethnicity
-Religion
-Sexual orientation
-National origin
-Homeless status
-Mental or physical disability
-Advanced age (over age 65)

In order for an act to be deemed a hate crime, it is not enough for the victim to simply be a member of one of these protected classes. It must also be shown that perpetrator knew or should have known of the victim's membership in the class and that the membership was a factor in the crime. It is sufficient, however, to show that the perpetrator perceived the victim to be a member of a protected class, even if the victim was not. For example, a person can be charged with a hate crime if he attacks a person he perceives as being gay, even if the victim is actually heterosexual.

A hate crimes charge magnifies the classification of the underlying crime. For example, an offense that would have been a misdemeanor of the first degree becomes a felony of the third degree when charged as a hate crime. A felony of the third degree becomes a felony of the second degree, and so forth.

Because of the complex evidentiary issues and serious penalties involved, it is important to contact an experienced Florida criminal defense attorney if you or a loved one has been charged with a hate crime.