Charged With a Hate Crime in Kansas: Here’s What You Need to Know

Hate crimes are not a joke. Nor are hate crime charges. If you’ve been accused of a hate crime in Kansas, you know how quickly your life can be turned upside down. Even if you’re innocent, were misunderstood, or simply in the wrong place at the wrong time, the law in Kansas takes hate crime allegations seriously.

If you or a loved one has been charged with a hate crime in Kansas, it’s time to know your rights, the potential penalties, and how a criminal defense attorney can help.

What Is a Hate Crime?

Simply stated, a hate crime is a crime motivated by hate or bias. This typically means that someone is accused of intentionally hurting someone, damaging their property, or threatening them because of a particular characteristic or identity (i.e., their race, religion, gender, sexual orientation, disability, or membership in a protected group).

Examples of activities that could be prosecuted as hate crimes if there is evidence of bias include:

• Kicking someone’s door in because of their skin color or religion
• Spray-painting graffiti with hate symbols on someone’s house or church
• Threatening to burn down a neighbor’s home because of their sexuality
• Smashing up a business owner’s store because of their race or ethnicity

These actions are all illegal, but when they are believed to have been motivated by hate or bias, the punishment may be more severe.

How Kansas Handles Hate Crimes

In Kansas, there is no specific law addressing hate crimes. But hate crime behavior may still be prosecuted more harshly in Kansas under the sentencing enhancements.

This means that if a person is found guilty or pleads guilty to a crime and the sentencing court determines that the offense was motivated by bias or hate, then the sentence may be enhanced to be longer or more severe.

Bias-based sentence enhancements in Kansas apply to both violent crimes, such as assault and battery, and crimes against property, such as vandalism and arson.

Kansas also falls under federal hate crime laws. If the alleged hate crime is serious enough, then the federal authorities may also investigate the case under hate crime legislation, such as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Convictions for federal hate crimes may lead to lengthy prison sentences in federal court.

What Counts as Bias or Hate?

Bias doesn’t have to be obvious or vocalized. It can take the form of statements, actions, or social media posts. Prosecutors will look for these and may try to use them as evidence against the accused:

• Comments made before, during, or after the commission of the crime
• Search and review of social media history to show hate or bias
• Clothing items or symbols, including certain tattoos or flags
• Associations with hate groups or hate group websites

Freedom of speech is not a defense for committing acts of violence or making threats. And it doesn’t matter if you were “just joking.” The court doesn’t see things that way.

Why These Charges Are So Serious

Hate crime charges and convictions are serious due to the enhanced penalties and the fact that these cases are often more public and emotionally charged. In addition to the potential for conviction for the underlying crime, you could face these consequences as well:

• Longer jail or prison time
• Higher fines
• Permanent criminal record
• Loss of job and school opportunities
• Damage to your reputation
• Media attention and public backlash

Even if there’s a misunderstanding or false accusation, if it’s not handled carefully, the consequences could last a lifetime.

How an Overland Park Criminal Defense Attorney Can Help

The best thing you can do if you are charged with or being investigated for a hate crime is to contact a criminal defense lawyer as soon as possible.

These cases are complex, and attempting to defend yourself or plead with the accuser on your own is only going to make it worse. A skilled attorney can help in several ways.

#1: Protect Your Rights

You have the right to remain silent and not answer any questions from the police or investigators until you’ve had the chance to speak to a lawyer. Your attorney will make sure your rights aren’t violated and that you don’t make any statements that can be used against you later.

#2: Investigate the Case

Just because someone was offended or upset by your actions does not mean a crime was committed. A qualified lawyer will go over all the evidence and may find facts or circumstances that can be used in your defense, such as witnesses, video footage, or proof that the act was not motivated by hate or bias.

#3: Challenge the Hate Crime Enhancement

In many cases, prosecutors want to use the hate crime enhancement. Sometimes, this is appropriate, and sometimes it is not.

Maybe it was an altercation that had nothing to do with bias, or maybe the facts of the case are insufficient to warrant the hate crime designation. A good defense attorney can argue that the court should treat the case as a regular criminal case, not a hate crime.

#4: Negotiate or Fight in Court

Your attorney may be able to negotiate with the prosecutor to get the charges reduced or dismissed. If the case goes to court, your lawyer will fight to prove your innocence or present your side of the story to the judge or jury.

What If You’re Accused But Didn’t Do It?

False accusations happen. Someone could have misunderstood your words or actions, or a social media post could be taken out of context. Someone might be trying to get back at you.

Intent is an important part of hate crime allegations. The prosecutor must prove that you committed the crime because you were motivated by bias or hate, and not just that a crime was committed. If you didn’t do anything wrong, or if the hate part of the allegation is false, your attorney can help prove your side and fight to get the case dismissed or reduced.

What If You Made a Mistake?

On the other hand, maybe you acted out of anger or said something you shouldn’t have. This doesn’t necessarily make you a hateful person—but it could still lead to charges.

In some cases, your lawyer may be able to keep you out of jail by negotiating a plea deal or alternative program such as anger management or community service.

What Should You Do If You’re Facing a Hate Crime Charge?

If you are being accused or investigated for a hate crime, don’t make the situation worse by making a rash decision or saying something that could be used against you. Contact a criminal defense attorney right away.

Whether the case is based on a misunderstanding, a one-time mistake, or an altercation that got out of control, we’re here to listen to your story—without judgment—and fight to protect your future. If you or a loved one is facing a hate crime investigation or charges in Kansas, contact us today for a free and confidential consultation.