How serious are federal hate crimes

| by Max Soni

Thanks for visiting Spodek Law Group – we’re a second generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal cases that others won’t touch. Our firm has been involved in some of the most high-profile cases in recent years, like the Anna Delvey Netflix series, the Ghislaine Maxwell juror misconduct case, and representing clients in matters involving figures like Alec Baldwin. Federal hate crime charges are among the most serious offenses you can face – and we understand what’s at stake when the government accuses you of bias-motivated violence.

Federal hate crimes aren’t just serious, they’re potentially life-ending. Under 18 U.S.C. § 249, passed as part of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, you’re looking at up to 10 years in federal prison for willfully causing bodily injury because of someone’s race, religion, national origin, gender, sexual orientation, gender identity, or disability. That’s the baseline. If death results, or if the offense involves kidnapping or aggravated sexual abuse – you’re facing up to life in prison. The death penalty is theoretically on the table under related statutes, though Supreme Court precedent makes that unlikely for non-fatal offenses.

The DOJ takes these cases seriously in 2025, and they’re getting convictions with massive sentences. Look at what happened to Daqua Lameek Ritter – convicted in February 2024 for the murder of Dime Doe, a Black transgender woman, he got life in prison in October 2024. John T. Earnest received life plus 30 years for the 2019 Poway synagogue shooting where he killed one person and injured three others, he also admitted trying to burn down a mosque in Escondido because of his hatred of Muslims. The Club Q shooter in Colorado Springs got 55 concurrent life sentences plus 190 years after pleading guilty to 74 hate crimes and firearms charges for killing five people and injuring 19 at an LGBTQIA+ establishment in November 2022.

These aren’t outlier sentences – they represent what federal hate crime prosecutions actually look like when death or serious injury results.

What separates a 10-year sentence from life in prison comes down to aggravating factors built into the statute. The law explicitly provides enhanced penalties when the offense results in death, when it involves kidnapping or attempted kidnapping, when it involves aggravated sexual abuse or attempted aggravated sexual abuse, or when it involves an attempt to kill. Conspiracy charges add another layer – if you conspire to commit a hate crime and death or serious bodily injury results, you’re looking at up to 30 years even if you weren’t the one who pulled the trigger.

But here’s something that matters – not every hate crime gets prosecuted federally. The statute requires DOJ certification before prosecution. The Attorney General or a designee must certify one of three things: the state where the offense occurred lacks jurisdiction or requested federal prosecution, the verdict or sentence obtained by the state didn’t vindicate “the Federal interest in eradicating bias-motivated violence,” or federal prosecution serves the public interest and is “necessary to secure substantial justice.” This means prosecutors have discretion, they’re not required to bring federal charges just because bias was involved.

In practice most hate crimes get prosecuted at the state level – federal prosecutions tend to involve particularly egregious conduct, cases with clear interstate elements, attacks on religious institutions, or situations where state prosecution failed or was inadequate. The FBI reported 11,679 hate crime incidents in 2024 involving 14,243 victims, but only a fraction of those result in federal charges. When DOJ does step in the cases tend to be the ones with the most serious injuries or the clearest evidence of bias motivation.

Proving bias motivation is what makes these cases different from ordinary assault or murder charges. Prosecutors need to show you acted “because of” the victim’s protected characteristic – not just that you knew about it or mentioned it, but that it was a motivating factor in the offense. That means the government will comb through your social media posts, text messages, prior statements, and anything else that shows what you were thinking. They’ll bring in witnesses who heard you use slurs or express hatred toward certain groups. They’ll analyze the circumstances of the attack itself – did you select this victim, did you target a church or synagogue or mosque, did you post a manifesto online like John Earnest did before the Poway shooting.

Recent cases from 2024 show the range of conduct that triggers federal prosecution. In December 2024 a woman received six years in federal prison for stabbing an 18-year-old woman of Chinese descent in the head multiple times on a bus because of the victim’s perceived race and national origin. Multiple defendants targeting an energy facility in a white supremacist scheme got sentences ranging from 21 months to 10 years. A man who defaced a synagogue in Eugene, Oregon between September 2023 and January 2024 pleaded guilty to three federal hate crimes. These cases show DOJ prosecutes everything from property damage to attempted murder when clear bias motivation exists.

Churches, synagogues, and mosques get special protection under the Church Arson Prevention Act – prosecutors often stack these charges with Section 249. Damaging religious property carries up to 10 years, or life if death results. Fines can reach $250,000, though that’s the least of your concerns when facing decades in prison.

If you’re under investigation or have been charged with a federal hate crime you need representation from attorneys who understand both the statutory framework and how DOJ actually prosecutes these cases. At Spodek Law Group – we’ve handled federal cases that generated national headlines, we know how federal prosecutors build these cases and what defenses actually work. Todd Spodek is a second-generation criminal defense attorney with many, many years of experience, our team includes former federal prosecutors who understand how the government thinks.

The stakes couldn’t be higher. Federal hate crime charges can mean the difference between going home and spending the rest of your life in prison. Many of the cases we’re famous for handling – are cases that others say were unwinnable. We’re available 24/7 because we understand that federal investigations don’t wait for business hours. Whether you’re facing Section 249 charges, Church Arson Prevention Act violations, or conspiracy to commit hate crimes, we can help you understand your options and build the strongest possible defense.

Federal hate crimes are as serious as criminal charges get – right up there with murder, terrorism, and other offenses that carry life sentences. The government has vast resources, DOJ maintains hate crimes as a top enforcement priority in 2025, and juries tend to be unsympathetic to defendants accused of bias-motivated violence. You need attorneys who know this area of law inside and out, who can challenge the government’s proof of bias motivation, who can identify weaknesses in their case, and who can negotiate effectively when that’s the right strategy. That’s what we do at Spodek Law Group – and we’ve been doing it for over 40 years combined experience across our team.