Assault & Battery is it a hate crime

[thisisme]

Son in fight. He kept pushing boy out of way because he was in sons face. SOn told him to stop acting like a kike (jew). son hit boy Now boy trying to say hate crime. Did find out boy is jewish. both drinking. Is this actually considered hate crime with saying "stop ACTING like a kike"

 

[jacksgal]

It will be up to the DA to decide if he/she wants to pursue this assault as "Hate Crime" I suspect that the criteria is there

 

[CdwJava]

It depends on your un-named state's laws, but the way most are written, merely uttering such language while engaged in an assault or argument could be a "hate crime". I personally have big issues with the application of these laws, but that doesn't change the fact that it is very easy to be charged with a hate crime, and they can be very serious. If your son is being charged criminally, he needs to speak to an attorney ASAP.

- Carl

 

[sunshine77]

"Hate Crimes" hmmmm....those are very sticky sittuations...I would first say get a laywer asap....But from what I know in most states hate crimes are usually only considered if the crime that was comitted was due to the racial or orientation of the victim if this was a toe to toe fight and it was a battle of words then I dont see that a hate crime was committed

 

[CdwJava]

But from what I know in most states hate crimes are usually only considered if the crime that was comitted was due to the racial or orientation of the victim if this was a toe to toe fight and it was a battle of words then I dont see that a hate crime was committed

That might be how it is SUPPOSED to be applied, but that is not how it tends to be applied in many cases. I have seen fights that have been for reasons other than race charged as hate crimes because one of the parties used a racial epithet while they were exchanging blows. This is one reason I have a problem with how hate crimes laws are often applied.

- Carl