Hate Crimes
Hate crime charges in Colorado carry legal consequences that go well beyond those of other offenses, because the law treats bias-motivated conduct as an attack not only on the individual but also on the broader community. A person accused of such an offense may face enhanced penalties, closer scrutiny from prosecutors, and a reputation that can be permanently altered even before the case is resolved. The statutes governing these charges require prosecutors to prove not only that a crime occurred, but that it was motivated, at least in part, by bias related to race, religion, disability, sexual orientation, ancestry, or transgender identity. This additional element makes the defense of these cases uniquely complex.
Colorado Hate Crime Lawyer
Understanding the statutory definitions, the evidentiary requirements, and the possible defenses is essential for anyone navigating such accusations. In the sections that follow, Law Office of Matthew A. Martin, P.C. provides a detailed explanation of how Colorado defines hate crimes, what penalties may apply, the defenses that may be raised, and the critical role of an experienced Colorado hate crime lawyer in protecting the rights of those facing these charges.
If you have been charged with a hate crime in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of hate crimes.
Call (303) 725-0017 to set up your first consultation free of charge.
Information Center
- Colorado Hate Crime Laws and Penalties
- Key Elements Juries Look at in Colorado Hate Crime Cases
- Defenses to Hate Crimes Charges in Colorado
- Frequently Asked Questions About Colorado Hate Crimes
- Role of a Denver Hate Crimes Attorney
- Resources
Colorado Hate Crime Laws and Penalties
Bias-Motivated Crime Under C.R.S. § 18-9-121 — Colorado law defines “bias-motivated crime” in C.R.S. § 18-9-121. A person commits this offense when, with the intent to harass or intimidate someone because of that individual’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity, the person engages in certain acts. The law applies whether the bias is based on the victim’s real identity or on how the offender perceives the victim. There are three ways this crime can be committed. First, if the person knowingly causes bodily injury to another, the act is considered a bias-motivated crime. Second, if the person uses words or conduct that knowingly place another person in fear of imminent lawless action that is likely to cause bodily injury or property damage, that too qualifies. Third, if the person knowingly causes damage to another person’s property, the act may also be charged. The penalties depend on the conduct. Acts that cause fear of lawless action or property damage are charged as a class 1 misdemeanor. Acts involving bodily injury are a class 5 felony, but if the offender is physically aided or abetted by others, the crime is elevated to a class 4 felony. The statute also allows courts to impose restorative justice programs or community service as additional sentencing options for first-time offenders.
Harassment Under C.R.S. § 18-9-111 — The law also recognizes harassment as a form of hate crime when the intent is based in whole or in part on bias against a protected characteristic. Under C.R.S. § 18-9-111, a person commits harassment if, with intent to harass, annoy, or alarm another person, they engage in conduct such as striking, shoving, or making physical contact; following a person in a public place; directing obscene gestures or language in public; or using electronic communications to threaten, insult, or taunt. When these actions are motivated by bias related to race, color, religion, ancestry, national origin, disability, sexual orientation, or transgender identity, the offense becomes bias-motivated harassment. The penalties differ depending on the type of conduct. Harassment involving physical contact or following with a bias motive is charged as a class 1 misdemeanor. Communications such as repeated calls, electronic harassment, or obscene proposals are class 2 misdemeanors, while obscene gestures or language in public without physical contact are petty offenses. Importantly, harassment cases with a bias motive carry greater weight in sentencing because of the underlying discriminatory intent.
Victim Rights Under C.R.S. § 24-4.1-302 — Victims of hate crimes in Colorado are afforded additional protections under the state’s Victim Rights Act, found in C.R.S. § 24-4.1-302. This statute lists crimes that trigger victims’ rights protections, including bias-motivated crimes under C.R.S. § 18-9-121 and harassment when bias-motivated under C.R.S. § 18-9-111. Victims have the right to be informed, present, and heard during critical stages of the criminal justice process. This includes the right to attend hearings, to be notified of parole proceedings, and to provide input on sentencing. These protections acknowledge the unique harm caused by hate crimes, which extend beyond the individual to entire communities. In practice, this means a person targeted for their identity can expect broader support from the court system and may qualify for victim compensation to cover medical expenses, counseling, lost wages, or property damage resulting from the crime.
Key Elements Juries Look at in Colorado Hate Crime Cases
Intent to Intimidate or Harass — Jurors must determine whether the defendant acted with the specific intent to intimidate or harass the victim. Unlike other criminal cases where intent may be inferred from general conduct, hate crime statutes require a showing that bias against a protected characteristic was a motivating factor. Evidence may include statements made by the defendant, prior conduct, or the context in which the act occurred.
Protected Characteristics — Another element is whether the offense was directed at the victim due to a protected identity. Colorado statutes specifically mention race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, and transgender identity. The law applies even if the offender misperceives the victim’s identity. Jurors are asked to evaluate whether the victim was targeted because of one of these protected characteristics.
Conduct Leading to the Crime — The jury also considers what conduct actually took place. This includes whether the accused knowingly caused bodily injury, placed someone in fear of imminent harm or property damage, or damaged property. Each of these acts must be proven beyond a reasonable doubt and directly tied to the defendant’s bias-based intent.
Level of Offense and Penalties — Juries also weigh the severity of the actions when determining guilt. For example, a case involving bodily injury may rise to a felony level, while a case involving only property damage or threats may remain a misdemeanor. These distinctions are crucial because they affect sentencing ranges, including the possibility of prison time, fines, or restorative justice conditions.
Defenses to Hate Crimes Charges in Colorado
Lack of Bias Motivation — One of the most important defenses in a hate crimes case is showing that the defendant’s actions were not motivated by bias. Colorado law requires proof that the defendant acted in whole or in part because of the victim’s race, religion, sexual orientation, or other protected characteristic. If the conduct can be explained by another motive, such as a personal dispute or unrelated conflict, the prosecution may not be able to establish the bias element required under C.R.S. § 18-9-121 or C.R.S. § 18-9-111.
Insufficient Evidence of Intent — A defendant may argue that the state has not proven intent to intimidate or harass. The law requires intentional conduct directed at the victim because of a protected identity. If the evidence only shows reckless behavior, or if the defendant’s words and actions cannot be tied clearly to discriminatory intent, then the bias-motivated element may not be met.
First Amendment Protections — Colorado courts must carefully balance hate crime laws with constitutional rights. The First Amendment protects free speech, even when the speech is offensive or hateful. Under C.R.S. § 18-9-111(8), the statute itself says it is not intended to infringe on protected expression of religious, political, or philosophical views. A defense can be raised when the charge rests solely on speech without proof of threats, harassment, or unlawful conduct.
Mistaken Identity — Sometimes hate crime charges arise from misidentification of the alleged offender. If the defendant can show that someone else was responsible, or that there is reasonable doubt about identity, then the charges may be dismissed. This defense often relies on surveillance footage, witness testimony, or other evidence showing the defendant was not the perpetrator.
Self-Defense or Defense of Others — A person accused of causing bodily injury in a hate crime case may argue that they acted in self-defense or to protect another person. Colorado law allows individuals to use reasonable force when faced with an imminent threat of harm. If the defendant’s conduct was justified for self-protection, then the bias-motivated enhancement should not apply, even if harsh words were exchanged during the event.
Challenge to the Evidence Collection — Another potential defense involves questioning how the police investigated and gathered evidence. If statements were taken in violation of Miranda rights, if searches were done unlawfully, or if evidence was not preserved properly, the defense may seek to exclude that evidence. In some cases, the exclusion of key evidence may significantly weaken the prosecution’s case.
No Connection Between Words and Conduct — The prosecution must prove that words or actions were not only offensive but also created a real threat of imminent harm or caused actual damage. If the defendant’s words, even if discriminatory, did not create fear of lawless action or did not lead to bodily injury or property damage, then the conduct may fall short of what C.R.S. § 18-9-121 requires.
Frequently Asked Questions About Colorado Hate Crimes
What is considered a hate crime in Colorado?
A hate crime in Colorado is any criminal act committed with intent to intimidate or harass someone because of actual or perceived race, religion, disability, sexual orientation, ancestry, or transgender identity under C.R.S. § 18-9-121 and § 18-9-111.
What penalties apply under Colorado hate crime law?
Penalties under Colorado hate crime law depend on conduct. Property damage or threats may be class 1 misdemeanors, while bodily injury can be a class 5 felony or class 4 felony if aided by others. Sentencing enhancements also apply.
Can harassment be charged as a hate crime in Colorado?
Yes, harassment can be charged as a hate crime when motivated by bias against protected characteristics. Under C.R.S. § 18-9-111, harassment with bias intent may result in a class 1 misdemeanor, while other harassment conduct may carry lesser charges.
Does Colorado hate crime law protect victims’ rights?
Colorado hate crime law extends special protections under the Victim Rights Act. Victims are entitled to notification of hearings, participation at sentencing, and possible compensation for expenses related to medical care, counseling, lost wages, property damage, or funeral costs.
What must prosecutors prove in a Colorado hate crime case?
Prosecutors must prove beyond a reasonable doubt that the defendant acted with intent to intimidate or harass because of the victim’s protected identity. Evidence may include statements, actions, threats, or damage tied directly to race, religion, sexual orientation, or disability.
Are free speech rights affected by Colorado hate crime law?
Colorado hate crime law does not criminalize protected free speech. Offensive statements alone cannot be punished unless they include threats, intimidation, or unlawful conduct. Courts balance First Amendment rights carefully to ensure charges apply only to criminal actions.
What defenses are possible in Colorado hate crime cases?
Defendants may argue lack of bias motivation, insufficient evidence of intent, mistaken identity, self-defense, or violation of constitutional rights. Skilled attorneys may also challenge how evidence was collected or argue that alleged conduct falls short of statutory requirements.
How are hate crimes investigated in Colorado?
Hate crimes in Colorado are investigated by local police, district attorneys, and sometimes federal agencies like the FBI. Investigations may involve witness statements, electronic communications, graffiti evidence, or physical harm documentation to establish bias motivation and satisfy statutory elements.
Can federal charges apply in addition to Colorado hate crime law?
Yes, federal charges may apply under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Federal jurisdiction applies when crimes involve interstate commerce, weapons, or certain violent acts, and defendants may face both state and federal prosecution.
Why should someone hire a lawyer for a Colorado hate crime case?
Hiring a lawyer for a Colorado hate crime case is critical because penalties are severe, evidence is complex, and intent must be carefully analyzed. Experienced defense counsel can challenge the state’s case and protect constitutional rights throughout proceedings.
Role of a Denver Hate Crimes Attorney
Challenging Bias Evidence — A defense lawyer carefully examines whether prosecutors have sufficient proof that the alleged conduct was motivated by bias. This includes questioning statements, context, and witness credibility to highlight weaknesses in the state’s claim of discriminatory intent.
Protecting Constitutional Rights — Hate crime cases often involve sensitive speech issues. The lawyer ensures that protected First Amendment rights are not wrongly treated as criminal conduct, and moves to suppress any evidence gathered through illegal searches or improper interrogation practices.
Developing Alternative Explanations — The defense may present evidence showing that the incident stemmed from personal disputes or other motives unrelated to bias. The lawyer works to shift the narrative away from hate-based intent, which can reduce or eliminate enhanced penalties.
Guiding Clients Through Court Proceedings — The lawyer provides representation during every stage, from arraignment to trial. This includes negotiating with prosecutors, preparing for jury selection, cross-examining witnesses, and presenting evidence that undermines the hate crime charge. Clients are informed and supported throughout the process.
Pursuing Reduced Penalties — If conviction risk is high, the lawyer negotiates for reduced penalties by emphasizing mitigating factors, such as lack of criminal history or acceptance of responsibility. Options may include community service, restorative justice programs, or probation in place of prison.
Standing Beside Clients at Every Step — Beyond legal strategy, the lawyer ensures that clients feel supported while facing one of the most stigmatizing charges under Colorado law. The focus is on protecting the client’s freedom, reputation, and future opportunities with persistence and care.
Resources
Colorado Revised Statutes C.R.S. § 18-9-121 — This source provides the full text of Colorado’s bias-motivated crimes law. It explains how the law defines hate crimes, the types of conduct covered, the penalties for violations, and relevant legislative notes.
Colorado Revised Statutes C.R.S. § 18-9-111 — This source contains the harassment statute, also known as Kiana Arellano’s Law. It details how harassment is defined, including when bias motivation turns harassment into a hate crime, and the penalties for violations. It also outlines important legal interpretations.
Colorado Revised Statutes C.R.S. § 24-4.1-302 — This source sets out definitions under Colorado’s Victim Rights Act. It explains which crimes qualify for victim protections, including hate crimes, and outlines what rights victims have during the criminal justice process. It also lists key legal terms and definitions.
U.S. Department of Justice Hate Crime Statistics for Colorado — This source provides annual hate crime statistics for Colorado, including categories of bias motivations and types of crimes. It also includes case examples of federal hate crime prosecutions in the state and links to press releases and sentencing announcements.
Colorado Coalition Against Hate Resource Guide — This guide was created by the Colorado Coalition Against Hate. It explains what hate crimes are, who may be at risk, and how victims can get help. It also provides community resources, reporting guidance, and contact information for local organizations.
FBI Hate Crimes — This source describes the FBI’s role in investigating hate crimes nationwide. It explains how hate crimes are defined under federal law, how investigations are conducted, how the FBI partners with local authorities, and how the public can report incidents.
Hire a Hate Crime Defense Attorney in Denver, Colorado
If you have been charged with a hate crime in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.
Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.