Federal Hate Crimes

Hate Crimes: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Hate Crime Charges

Hate crimes are criminal acts committed against individuals based on their race, religion, national origin, sexual orientation, gender identity, or other protected characteristics. Federal hate crime charges are taken extremely seriously and are often pursued aggressively by the Department of Justice (DOJ), particularly when violence or threats are involved. Convictions for hate crimes can lead to severe penalties, including lengthy prison sentences, substantial fines, and restitution to the victims.

If you or someone you know is facing federal hate crime charges, it is essential to have an experienced attorney who understands the intricacies of federal hate crime laws. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has successfully defended clients against federal hate crime charges. His expertise in federal law and his dedication to his clients make him a strong advocate in these serious cases.

Understanding Federal Hate Crime Laws

Federal hate crime laws are designed to protect individuals from violence and discrimination based on certain protected characteristics. These laws allow federal authorities to prosecute individuals and groups who commit crimes motivated by bias or hatred.

• Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (18 U.S.C. § 249): This statute makes it a federal crime to willfully cause bodily injury to someone or attempt to cause injury using a dangerous weapon, if the crime was motivated by the victim’s race, religion, national origin, gender, sexual orientation, gender identity, or disability.
• Conspiracy Against Rights (18 U.S.C. § 241): This statute criminalizes conspiracies to injure, oppress, threaten, or intimidate individuals in the free exercise or enjoyment of their civil rights, including acts of violence committed as part of a hate crime.
• Violent Interference with Federally Protected Rights (18 U.S.C. § 245): This statute prohibits violence against individuals engaged in certain federally protected activities, such as attending school, voting, or using public facilities, when the violence is motivated by bias or hatred.

Penalties for Federal Hate Crime Convictions

Federal hate crime convictions carry severe penalties, including long prison sentences, significant fines, and restitution to the victims. The severity of the penalties depends on the nature of the crime, the extent of the injury to the victim, and whether the defendant has prior convictions.

• Imprisonment: Defendants convicted of federal hate crimes can face sentences ranging from 10 years to life in prison, especially in cases involving serious injury, death, or the use of a dangerous weapon.
• Fines: Hate crime convictions can result in substantial fines, often reaching into the hundreds of thousands of dollars, depending on the scope of the crime and its impact on the victims.
• Restitution: Defendants convicted of federal hate crimes may be required to pay restitution to the victims to compensate for medical expenses, property damage, and other losses resulting from the crime.

Common Defenses in Federal Hate Crime Cases

When defending against federal hate crime charges, Josh Tomsheck uses a variety of defense strategies tailored to the facts of each case. Some common defenses include:

• Lack of Bias or Motive: One of the key elements of a hate crime is the motivation of bias or hatred. Josh Tomsheck will argue that the defendant’s actions were not motivated by bias or prejudice, and that the crime was not related to the victim’s protected characteristics.
• Challenging the Evidence: Hate crime cases often rely on witness testimony, surveillance footage, and statements made by the defendant. Josh Tomsheck will thoroughly review the evidence to determine if it was lawfully obtained and whether it supports the charges. He may file motions to suppress improperly obtained evidence or challenge the credibility of witnesses.
• Self-defense: In some cases, the defendant may argue that they were acting in self-defense or in defense of others when the alleged hate crime occurred. Josh Tomsheck will investigate the circumstances of the incident and present a compelling case for self-defense if applicable.
• Entrapment: Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise would not have committed. If undercover agents or informants played a role in setting up the hate crime, Josh Tomsheck may argue that the defendant was entrapped.

How Josh Tomsheck Can Help You in Federal Hate Crime Cases

Federal hate crime cases are complex and require an attorney with a deep understanding of both criminal law and civil rights protections. Josh Tomsheck is an experienced, nationally board-certified criminal defense lawyer who has successfully defended clients against a wide range of federal hate crime charges.

Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Hate Crime Law: Tomsheck’s knowledge of 18 U.S.C. § 249, § 241, and § 245 allows him to develop strong defense strategies tailored to the specific facts of each case.
• Proven Track Record in Federal Court: Josh Tomsheck has extensive experience defending clients in federal court, and he knows how to navigate the complexities of hate crime cases. Whether it’s seeking a dismissal, reduced charges, or a favorable plea deal, he works tirelessly to achieve the best results for his clients.
• Personalized Defense Strategy: Every case is different, and Josh Tomsheck takes the time to understand the specific facts and circumstances of each client’s case. He develops a personalized defense strategy aimed at minimizing penalties and protecting your rights.
• Aggressive Defense: Known for his dedication and tenacity, Josh Tomsheck will fight for you at every stage of the case, from pretrial motions to trial and sentencing. He is committed to securing the best possible outcome for his clients.

Contact Josh Tomsheck for a Consultation

If you or a loved one is facing federal hate crime charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and commitment to his clients, you can trust that your case is in capable hands.