What You Need to Know About Assault Hate Crime Enhancements

 Posted on October 15, 2024 in Assault

A woman in Plano, TX recently pled guilty to hate crime charges for an incident that occurred in August 2022. Four friends were leaving a restaurant when they heard a 59-year-old woman making racial comments. One of the four friends started recording the incident, while another called the police. The encounter soon turned physical, as the woman physically and verbally assaulted three of the friends while threatening the fourth.

The incident was investigated by the state and the federal government. The woman was convicted on three misdemeanor assault charges, one misdemeanor terrorist threat charge, and four state hate crime charges. The district attorney on the case noted that while misdemeanor assault charges are not rare in the state, a hate crime enhancement for misdemeanor assault charges is relatively rare.

Because the case was resolved with a plea deal, the defendant did not testify, although all four victims gave impact statements. The defendant received a sentence of 40 days in the Collin County Jail for each charge, to be served concurrently, as well as two years of community-supervised probate and a $500 fine for each case.

Assault charges on their own can be very serious, depending on whether anyone suffered actual physical harm. A hate crime enhancement makes the crime even more serious. If you have been charged with assault with a hate crime enhancement, contact a Fairview, TX assault attorney from Law Offices of Biederman & Burleson P.L.L.C..

What Are the Different Types of Assault in Texas?

There are several different types of assault in the state of Texas, including:

• An assault that caused no actual physical harm or injury is a Class C misdemeanor. The maximum penalty for this offense is a $500 fine.

• If the assault causes physical harm, it is charged as a Class A misdemeanor with a maximum penalty of up to one year in jail and a fine not to exceed $4,000.

• An assault that includes the strangulation attempt of a family member will be charged as a third-degree felony. If you have a prior family violence assault conviction, then a Class A misdemeanor could be charged as a third-degree felony. A conviction for a third-degree felony brings penalties of up to 10 years in prison and fines not to exceed $10,000. Assault of a public servant, government employee, EMS personnel, or security officer will also bump up a misdemeanor assault to a felony assault.

• If you threaten a person while armed with a deadly weapon, you could face second-degree felony charges with a maximum penalty of 20 years in prison and fines as large as $10,000.  

• A first-degree felony assault conviction can result in up to life in prison but no less than five years and a fine as large as $10,000.  

How Does a Hate Crime Enhancement Increase Penalties?

If a hate crime enhancement is added to the charges, a Class A misdemeanor assault will have a minimum punishment of 180 days in the county jail. There is no increased punishment when a hate crime enhancement is added to a first-degree felony. For second and third-degree assault felonies, the punishment for a hate crime enhancement is increased to the punishment for the next higher category of offense; a third-degree felony would become a second-degree felony, and so on.

Contact a Collin County, TX Assault Lawyer

If you have been charged with assault with a hate crime enhancement, you need solid legal counsel. When you have an experienced Frisco, TX assault attorney who can build a strong defense on your behalf while seeking weaknesses in the prosecutor’s case, your outcome is likely to be much more positive. At Law Offices of Biederman & Burleson P.L.L.C., our attorneys have more than 25 years of combined experience and more than 500 trial victories in DWI cases. Call 469-333-3333 today to schedule your free consultation.