Hate Crime and Religious or Ethnic Intimidation Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Florida: Harassment or Intimidation Based on Religious or Ethnic Heritage

What the State must prove (s. 784.0493; Fla. Std. Jury Instr. (Crim.) 8.32, Elements):

1. You willfully and maliciously harassed or intimidated the person.
2. The harassment or intimidation was based on the person's wearing or displaying any indicia of a religious or ethnic heritage.

Under the instruction, harass means a course of conduct directed at the person that served no legitimate purpose, would cause substantial emotional distress to a reasonable person, and did cause it to that person. Intimidate means your behavior caused the person to be reasonably in fear of harm.

Penalties: first-degree misdemeanor (up to 1 year). If you made a credible threat to the person while doing it, a third-degree felony (up to 5 years). The instruction requires proof that you were aware a reasonable person could consider the threat a serious expression of intent to commit violence. Violations are reported as hate crimes. This law took effect May 1, 2023.

Florida: Reclassification for Evidencing Prejudice

Under s. 775.085, any felony or misdemeanor is reclassified one level higher if its commission evidences prejudice based on the victim's race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age (over 65). A separate law, s. 775.0863, does the same for mental or physical disability. A second-degree misdemeanor becomes first-degree; a first-degree misdemeanor becomes a third-degree felony; and so on up to a first-degree felony becoming a life felony.

The statute makes it an essential element that the defendant perceived, knew, or had reasonable grounds to know or perceive the victim's status. Fla. Std. Jury Instr. (Crim.) 3.3(f) also requires the jury to find that the defendant intentionally selected the victim because of that perception or knowledge.

Federal Charges

Damage to religious property (18 U.S.C. s. 247; 11th Cir. Pattern Instr. O9, Elements): the pattern instruction covers intentionally defacing, damaging, or destroying religious real property because of its religious character, affecting interstate commerce, where a person suffered bodily injury and fire or an explosive was used. That version carries up to 40 years. The statute's other tiers range from 1 year up to life, depending on the harm. Federal prosecution requires the Attorney General's written certification.

Forceful intimidation because of race, occupancy of a dwelling (42 U.S.C. s. 3631; Pattern Instr. O116, Elements): using force or threats of force to intimidate or interfere with someone because of race and because they were occupying a dwelling, knowingly and willfully. (The statute also covers color, religion, sex, handicap, familial status, and national origin, and other housing activities.) Up to 1 year without bodily injury; up to 10 years with bodily injury or a dangerous weapon, explosives, or fire; up to life in the most serious cases.

Defense Themes

• Motive must be proved. The State must prove the crime was based on, or evidenced, prejudice, not just that the people involved were different.
• Words versus motive. Slurs or offensive statements made in a fight are evidence the jury may weigh, but they do not automatically prove the crime was committed because of the victim's status.
• Free speech. Beliefs and offensive speech, standing alone, are generally protected by the First Amendment. These laws target conduct, harassment, and threats.
• "Wearing or displaying." s. 784.0493 is tied to visible indicia of religious or ethnic heritage.

What to Do First

1. Do not post or comment about the incident or the people involved.
2. Do not talk to police or federal agents without a lawyer.
3. Preserve video and witness names showing what actually happened.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I face both state and federal charges?

It is possible for the same conduct to violate both state and federal law. We defend in both courts.