What constitutes hate crimes in New Jersey?

What Constitutes Hate Crimes in New Jersey?

Hate crimes, also known as bias crimes or bias intimidation, are unfortunately a real problem in New Jersey. But what exactly counts as a hate crime here? And what are the consequences if you commit one? This article will break it all down for you.

Defining Hate Crimes in New Jersey

According to New Jersey law (specifically N.J.S.A. Section 2C:16-1), a hate crime occurs when someone commits a criminal offense against another person based on their:

• Race
• Color
• Religion
• Gender
• Disability
• Sexual orientation
• Gender identity or expression
• National origin
• Ethnicity

So basically, if you commit a crime targetting someone because of who they are, that’s a hate crime. It doesn’t matter what the actual criminal offense is – it can be anything from assault to vandalism to harassment. If you do it out of hate or bias, it becomes a hate crime.

How Common Are Hate Crimes in New Jersey?

Unfortunately, hate crimes still happen way too often in New Jersey. According to the Department of Justice^[1], here are the number of reported hate crime incidents in recent years:

• 2019: 581 incidents
• 2020: 485 incidents
• 2021: 226 incidents

So the number has been going down, which is good. But over 200 hate crimes a year is still too many. The most common types of bias motivations are race/ethnicity/ancestry and religion.

Examples of Hate Crimes in New Jersey

To understand hate crimes better, let’s look at some real life examples that have happened in New Jersey:

• A man violently assaulted multiple members of the Orthodox Jewish community in Lakewood^[2]. He was charged with federal hate crimes.
• A man conspired with white supremacists to vandalize synagogues across the country, including some in New Jersey^[3]. He was charged with federal hate crimes.
• A former police chief used excessive force and committed a hate crime against a Black man. He was charged but found not guilty at his first trial. He will be retried^[4].

As you can see, hate crimes can involve physical violence, threats, vandalism, or other criminal acts. What makes them hate crimes is the bias motivation behind them.

How Are Hate Crimes Punished in New Jersey?

Under N.J.S.A. Section 2C:16-1, the penalties for hate crimes depend on the severity of the underlying offense. Committing a bias intimidation crime increases the grading of the charge as well as the potential penalties.

For example, a simple assault is normally a disorderly persons offense. But if it was a hate crime, it would become a 4th degree felony. That means up to 18 months in prison and fines up to $10,000 instead of just up to 6 months in jail.

So in other words, hate crimes are punished more harshly than similar non-hate crimes. A good New Jersey defense lawyer can argue to reduce the charges and penalties if you are accused of a hate crime.

How to Report a Hate Crime

If you are the victim of or witness to a suspected hate crime in New Jersey, you should report it right away. Here’s how:

• Call 911 if it’s an emergency
• Call the police non-emergency number if it’s not currently happening
• Submit a report through the NJ Bias Crimes Reporting System^[5]
• Contact your county prosecutor’s office
• Report it to the Department of Justice Community Relations Service^[6]

Reporting hate crimes as soon as possible allows law enforcement to respond quickly and potentially catch the perpetrators. It also helps authorities track hate crime statistics and trends in New Jersey.

What To Do If You’re Accused of a Hate Crime

If you have been accused of or charged with committing a hate crime in New Jersey, it’s essential that you take it very seriously and get experienced legal help right away. A conviction can result in harsh penalties like fines, probation, and jail time – plus it will give you a permanent criminal record.

A knowledgeable New Jersey hate crime defense lawyer will thoroughly investigate the charges, argue weaknesses in the prosecution’s case, seek to get charges reduced or dismissed, and defend your rights at every step. With an aggressive defense, many people accused of hate crimes avoid convictions.

Don’t take chances with your future. Get the legal representation you need and deserve if facing hate crime allegations in NJ.

The Bottom Line

Hate crimes are serious criminal offenses in New Jersey. They occur when any crime is committed based on bias against someone’s race, religion, sexual orientation, disability, or other protected characteristic. Hate crimes carry harsher punishments than similar non-bias crimes. If accused of a hate crime, immediately contact an experienced New Jersey defense attorney to protect your rights.

Hopefully this overview gave you a better understanding of what constitutes a hate crime in New Jersey. Stay safe out there and treat others with the dignity and respect they deserve!