On October 1, 2020, changes to Maryland’s hate crime laws went into effect, giving prosecutors a broader reach when it comes to obtaining a conviction. From now on, if you are charged with a hate crime in Maryland, prosecutors no longer have to link your actions to hate alone. This is going to make for murky waters when it comes to being charged with this felony crime and you’re going to need a stellar criminal defense attorney who understands how to maneuver through this new twist to the law.

What is a hate crime and who is protected under the law?

According to the FBI, a hate crime is the commission of any crime such as murder, arson, threats, or vandalism with the addition of being motivated by some form of bias against the victim(s), based on:

• Race
• Ethnicity
• Religious belief
• Sexual orientation
• Gender
• Gender identity
• Disability
• National origin

What’s changed about the Maryland hate crime law?

The language in the Maryland hate crime law has now been changed to expand it to crimes motivated “either in whole or in substantial part” by these factors. This reduces the burden of proof by prosecutors when it comes to evidence of a hate-motivated crime. Before, the State had to prove someone committed a crime solely because he or she “hated” the victim because of a bias. Now, it must only prove that some part of the crime was motivated by that bias.

It also means more defendants without proper legal representation will likely be willing to accept a negotiated plea bargain in order to avoid a lengthy prison sentence. This is a win on the record of prosecutors who know that when faced with the possibility of years of incarceration, cutting a deal is the safer option than taking a chance with a jury and a public defender. It’s leverage that they know they can use to get a guilty plea more often despite a defendant’s actions not fully fitting the definition of the crime.

Other actions are being taken to crack down on activities that could be used to prove hate crimes, which includes:

• Items or symbols recognized as being associated with hate and intimidation of certain groups, such as nooses or swastikas, are being banned from property unless specific permission was granted to put it there.
• Training for new police officers as to how they can recognize, report, and respond to hate crimes. This training will be a continued requirement every three years while the officer is in service.
• A new ban on discrimination of natural hairstyles and texture by linking it to race.

Being accused of a hate crime is serious. You may experience discrimination in your community just based on the accusation alone whether or not you’re guilty. You can lose your job and have a tough time finding new employment if an employer has concerns over the publicity or being associated with a heinous crime. Your family may and friends may shun you. Professional associations or schools may feel that accusation is too volatile to risk being connected to and deny you admission.

Your best option when you are being looked at for a hate crime to try to restore your name as quickly as possible is to work with criminal defense attorney Joseph Carey and the knowledgeable legal team at Carey Law Office. Investigating and assessing all of the available evidence is key to forming a solid defense that may help to protect the life you are working hard to build. To schedule your consultation at one of our offices in Bowie or Crofton, give us a call today at 301.464.2500 or reach us through our contact form.