Hate crimes are a serious matter in San Diego County and the rest of the state. These crimes are managed by the Hate Crimes Unit, Special Operations Division in the County. These are crimes alleged to be committed due to race, skin color, religion, country of origin, a disability, gender identity, or sexual orientation. For a crime to be considered a “hate crime,” it must be established that a bias contributed to an act of violence on another person or property. When a crime is believed to have been bias-related, the penalties imposed are increased.
Many crimes could be considered a hate crime when motivated by bias. A wide range of crimes may be considered a hate crime, including:
State lawmakers have enhanced the penalties when an offense is a “hate crime.” It must be proven that the act involved:
- Force, threats, or actions intended to intimidate or oppress another individual.
- The act was performed due to (or partially due to) race, religion, disability, gender identity, ethnicity, or sexual orientation.
The penalties imposed are increased if the offense was proven to be a hate crime, in both misdemeanor and felony crimes.
- Under the CA Penal Code, a misdemeanor, if considered to have been committed as a hate crime, will be enhanced by a penalty of up to one year behind bars, 400 hours of community service, and a fine as high as $10,000.
- If a felony offense is considered to have been committed (or attempted) as a hate crime, an additional term enhancement of one, two or three years in state prison can be imposed above the state sentencing guidelines for that crime.
Essentially, any crime that is proven to have been motivated by bias will involve additional jail time and fines.
If you or a member of your family is accused of committing a hate crime, your first action should be to contact a bail bond agent from Balboa Bail Bonds. You or your family member will not be released from custody until you have posted bond.
The amount of bail set by the judge will reflect the severity of the crime, along with the “hate crime” enhancement, and could range into the tens or even hundreds of thousands of dollars – an amount of money few people can pay out of pocket. The judge will consider the following when setting bail:
- The alleged crime, whether assault, arson, or other crime
- The criminal record of the accused
- The risk that the accused will flee
- The belief that the accused could be a danger to the community
- The hate crime enhancement
After you or a loved one has been booked, a hearing occurs, called the arraignment, where the charges are formally filed, and in most cases, bail is set. This hearing typically takes place within 48 hours or the arrest. Once the bail amount has been set by the judge, a bail bond can be arranged.
At Balboa Bail Bonds, we make this process as easy as possible, and offer a range of financing options, with discounts for members of the military. Ten percent of the bail amount is paid, a non-refundable fee. Once we post your bond, you are released from custody, free to return home. You are required to appear at every scheduled court date as part of your agreement.
If you are facing criminal charges and it is considered the crime was a hate crime, you are facing a serious legal problem. The last thing you need is to be trapped in jail while you await trial, or your case is dismissed. Release from custody allows you the time to work with your attorney regarding your defense and live your life while you await trial.
Call Balboa Bail Bonds today at (619) 760-2222 for assistance. We are available 24 hours a day, 7 days a week, 365 days of the year, and a real person will answer our phones. We offer bail bond services in English and Spanish and treat all our clients with the respect they deserve. Call now.