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TAMPA HATE CRIME LAWYER
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When facing the heightened scrutiny that comes with hate crime cases, having the right legal advocate is crucial. Andrew Buda, an experienced Tampa hate crime lawyer, understands the many challenges of defending against hate crime charges in Florida and knows how to challenge the evidence and build a strong defense on your behalf.
At Buda Law, we’re committed to protecting your rights and providing personalized representation. With our dedicated legal team by your side, you can rest assured that your case is in capable hands.
Contact Buda Law today at (813) 322-2832 to schedule a free consultation to discuss your situation and learn how we can help.
What is a Hate Crime in Florida?
A hate crime in Florida is any crime based on prejudice or bias against protected characteristics, including a victim’s race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, advanced age (65+), or homelessness.
Florida Statute § 775.085
Under Florida Statute § 775.085, if an offense is proven to have been motivated by such bias, the courts may enhance such charges upon conviction. For example, reclassifying a second-degree misdemeanor to a first-degree misdemeanor, or upgrading a felony to a more severe level.
In addition to criminal penalties, if someone can prove they were threatened, intimidated, or coerced because of one of these protected traits, they have the right to sue in civil court. If they win, they may get three times the damages, an injunction (a court order to stop the behavior), or other legal remedies.
To apply this law, however, prosecutors must show that the offender knew, believed, or had a reasonable basis to think that the victim was part of one of these protected groups.
Florida Statute § 877.19 (Hate Crimes Reporting Act)
Additional legislation, called the ‘Hate Crimes Reporting Act’ under Florida Statute § 877.19, states that the Florida Department of Law Enforcement is responsible for tracking and sharing information about hate crimes committed across the state. Under this law, all police departments must send monthly reports to the Florida Department of Law Enforcement detailing any hate-related incidents, meaning any crimes that show bias or prejudice based on a victim’s race, religion, ethnicity, color, ancestry, sexual orientation, or national origin. Each year, the Attorney General publishes a summary report showing trends and data on hate crimes throughout Florida. This effort supports public awareness and helps guide policy around hate crime convictions and prevention.
Common Types of Hate Crimes
Hate crimes in Florida can take many forms, but they all share one thing in common: they are motivated by bias or prejudice toward a specific characteristic of the victim. Below are some of the most common types of hate crimes our criminal defense attorneys see in the Tampa, FL area.
Assault and Battery
Violent crimes like assault and battery are among the most common types of hate crimes prosecuted in Florida. For example, if someone physically attacks another person while yelling slurs or targeting them because of their sexual orientation, the charge could be enhanced from simple battery to felony-level battery in Florida. A skilled Tampa assault and battery defense attorney like Andrew Buda can help those accused of these serious offenses protect their future.
Homicide
In Florida, homicide charges carry some of the harshest penalties under state law, including life imprisonment or even the death penalty. When a homicide is categorized as a hate crime, the consequences become even more severe. If you’re facing such allegations, it’s critical to work with an experienced Tampa homicide defense lawyer who understands how these enhancements affect your case and can build a strong defense.
Vandalism and Property Damage
Vandalism and property damage are often charged as criminal mischief in Florida, but when the act is motivated by bias against a person’s race, religion, sexual orientation, or other protected characteristic, it may be prosecuted as a hate crime. Common examples include spray-painting hate symbols on buildings, damaging religious property, or defacing LGBTQ+ community centers.
Harassment or Stalking
Harassment and stalking in Florida may be prosecuted as hate crimes when they target someone based on race, religion, sexual orientation, or similar protected traits. These acts can include repeated threats, following someone, or sending threatening messages with the intent to intimidate or cause fear.
Arson
In Florida, arson can be prosecuted as a hate crime when someone intentionally sets fire to property because of the victim’s race, religion, sexual orientation, or other protected status. This could include targeting homes, religious buildings, or community centers. When bias is a motivating factor, the charges are elevated, and the penalties become more severe. If you’re facing accusations of this nature, working with an experienced arson defense lawyer in Tampa is essential to protect your rights and build a strong defense.
Verbal Threats or Intimidation
Verbal threats or intimidation can trigger hate crime charges in Florida when the circumstances involve bias‑motivated harassment or intimidation based on a protected characteristic. Florida Statute § 784.0493 makes it a crime to willfully and maliciously harass or intimidate a person because of their religion, ethnicity, or other protected traits. If that behavior includes a credible threat (even verbally), it may escalate from a misdemeanor to a felony and qualify as a hate crime.
Hate Crimes vs Violent Crimes
While hate crimes and violent crimes in Florida can and often do overlap, they are not the same. Hate crime cases always involve some type of prejudice, but don’t always involve violence. On the other hand, not all violent crime cases involve the element of prejudice, but they do always include physical harm or a credible threat of harm to another person. When these violent crimes are motivated by bias based on race, religion, sexual orientation, or other protected traits, prosecutors may file hate crime charges in addition to the original violent crime charges. This classification can significantly increase the potential penalties.
Because of the legal and social weight tied to both hate crimes and violent crime cases, it’s important to take any such offense seriously, especially if the two overlap. A Tampa violent crime defense attorney at Buda Law can evaluate the charges and help build a defense strategy tailored to the facts of your case.
What is the Punishment for Hate Crimes in Florida?
A hate crime conviction in Florida carries serious consequences that go beyond the standard punishment for the underlying offense. When the prosecution can prove that a defendant committed a crime based on bias or prejudice related to the victim’s race, religion, ethnicity, national origin, sexual orientation, homeless status, or age beyond a reasonable doubt, the offense is subject to penalty reclassification under Florida law. This means the charge is elevated, and the legal penalties become more severe.
Due to the serious nature of hate crimes, Florida imposes increased penalties at every level. For example:
- A second-degree misdemeanor is reclassified to a first-degree misdemeanor.
- A first-degree misdemeanor becomes a third-degree felony.
- A third-degree felony becomes a second-degree felony.
- A second-degree felony becomes a first-degree felony.
- A first-degree felony is elevated to a life felony.
Such reclassification can significantly increase the risk of lengthy jail or prison time, result in higher fines, and lead to long-term consequences for anyone convicted. These severe penalties reflect the state’s recognition of the danger hate crimes present to individuals and communities. Because this is a matter of both criminal and civil importance, any defendant facing hate crime allegations should work with an experienced defense attorney immediately.
Challenges in Hate Crime Cases
Hate crime cases can be complex and emotionally charged. From the moment someone is accused, fear and anxiety often latch on and can cloud judgment and perception. It’s important to remember, however, that anything said to police or law enforcement during this time can be used against you later in court, which is why it’s critical to remain silent and speak with an experienced attorney as soon as possible.
These cases also often involve heightened public scrutiny, uncertain motives, and the risk of being convicted on enhanced charges. Whether the matter proceeds to trial or is resolved earlier, strong legal representation is essential to pursue justice in line with the facts and the law. At Buda Law, an experienced Tampa hate crime lawyer on our team will assess the evidence, challenge questionable procedures, and fight for a fair outcome.
How Our Tampa Criminal Defense Lawyers at Buda Law Can Help with Hate Crime Defense
Here at Buda Law, our Tampa criminal attorneys understand the seriousness of a hate crime conviction and the lasting consequences it can carry. These cases often involve high stakes, intense public attention, and complicated legal questions. Fortunately, our local criminal defense lawyers are prepared to challenge every aspect of the alleged crime and case against our client, from the initial investigation by law enforcement to how the case is prosecuted in court. Whether we’re working to uncover exculpatory evidence or evaluating claims of self-defense, we ensure that every argument presented is grounded in protecting our client’s rights and future.
Navigating Florida’s complex legal system requires a skilled attorney with extensive experience handling hate crime charges. At our law firm, we build the best defense possible by carefully examining the facts, identifying legal errors, and counterattacking the prosecution’s case at every step. Whether you’re just now learning you’re under investigation or already facing charges, our Tampa-based criminal defense attorneys are here to explain the potential outcomes, fight for the best one, and protect your best interests at every stage of the case.
Contact a Tampa Hate Crime Defense Lawyer at Buda Law Today
If you or someone you care about is facing hate crime charges, don’t wait to get legal help. At Buda Law, we understand the seriousness of this matter and the implications for your future. Our Hillsborough criminal defense attorneys bring the insight of former prosecutors and the determination to fight for the best possible outcome in every case.
A skilled Tampa hate crime lawyer from our team is ready to listen, review your case, and protect your rights from day one. Call us at (813) 322-2832 or send us a message via our online intake form to schedule a confidential and completely free consultation today.
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