Everyone has heard the term ‘hate crime’ as it seems to be popping up in the news more and more often lately. In fact, the city of Aurora recently held a community meeting because an apartment complex has been the target of some racist graffiti. According to the news report, someone spray painted racial slurs claiming to be the KKK targeting African American residents and interracial couples. Police are regularly patrolling the area in hopes to not only catch the culprits, but also to prevent any further actions. So, if the spray painter is caught, what type of crime and punishment would they be facing in Colorado? Let’s find out.
Weld County Bias Motivated Crime Lawyer: What is the Definition of a Hate Crime?
Under Colorado law, hate crimes in Weld, Morgan, and Logan County are considered Bias Motivated Crimes – C.R.S. 18-9-121. The Colorado law definition of Bias-Motivated Crimes is:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person’s property and such words or conduct are likely to produce bodily injury to that person or damage to that person’s property; or
(c) Knowingly causes damage to or destruction of the property of another person.
Based on the definition above, the graffiti artist could be charged with this crime for both parts (b) and (c). The unknown perpetrator left threatening notes, which correspond with part (b) and then the spray paint would be considered property damage- matching part (c).
Greeley Hate Crime Lawyer: What is the Sentence for Bias-Motivated Crimes?
Bias-Motivated Crimes can be charged as a misdemeanor or felony in Greeley, Erie, and Evans depending on the circumstances involved in the crime. It is a class 1 misdemeanor if the crime meets parts (b) or (c) of the above statute. This level of misdemeanor is punishable by 6 to 18 months in the Weld County Jail. If the Hate Crime meets part (c) of the statute, then it is charged as a class 5 felony, which is punishable by 1 to 3 years in the Colorado Department of Corrections. However, Bias-Motivated Crimes can be charged as a class 4 felony if the accused has more than one person aiding him in causing bodily injury to the victim, which is punishable by 2 to 6 years in the Colorado Department of Corrections.
If you or someone you love has been accused or charged with a Hate Crime or Bias-Motivated Crime in Weld County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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