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Is a racially motivated assault a higher degree misdemeanor/felony than a 'regular' assault?
There was an incident at a gas station in Kentucky and a man punched my boyfriend. They had given each other dirty looks when we were pulling into the pumps and he was pulling out at the same time because there is only one drive in and out of the station and neither one really wanted to stop and let the other one go. But he left and we were there for like 15 minutes and then when we were about to leave he came back, got out of his car and said 'I decided I'd like to come back and beat up a white boy from Indiana' and swung at him.
He didn't aim well I guess because he barely caught him with the side of his fist. It didn't even leave a red mark. The cops said assault was like a C or D misdemeanor, but I was wondering if it was an A or B, or even a D felony if it was a racially motivated assault. From what he said, the only reason he came back is because my boyfriend is white.
I've never had any dealings with anything like this before, but I have seen that term 'racially motivated assault' in the newspapers and what not before. Is it a real thing or just a term they are using to headline papers?
4 Answers
- ?Lv 710 years agoFavorite Answer
US Attorney General Eric Holder recently introduced, and passed, a Hate Crime bill, and as he explained it, the bill does NOT protect Whites (unless they are gay). It only protects those who "have historically been oppressed", whatever the hell that means.
Sorry.
Interestingly, according to the US Department of Justice Statistics, a full 90% of interracial crimes are black assailants and white victims. Makes you wonder why a "hate crimes" bill protects the blacks, huh?
Edit: Please note that in Casey's link, none of the parties were white. The attackers were Hispanic and the victims were Amerindian.
- Anonymous10 years ago
There's no separate law but the Judge certainly takes into consideration the reasoning behind the assault. I'd say a C orD misdemeanor.
- Anonymous10 years ago
That is considered a ~hate~ crime in Idaho and California! He mentioned race. If it was overheard by witnesses, and they testify, he would get more time. The judge can and usually does enhance the sentence. It not automatically a felony though.
- ?Lv 610 years ago
You could press for "aggravated" in any crime. That does not change the charge or the class of it, but adds time/penalties when found guilty.
