If someone says something racist before attacking you does that make it a hate crime?

Question

If someone says something racist before attacking you does that make it a hate crime?

Answer 1

Sure might. It depends on what they said and the circumstances. And, of course, it depends if the assault was on account of your race. It's not the words said that makes it a hate crime, but the words can help show it.

Answer 2

If anyone attacks you intentionally and selectively, surely it must be from hate.

Answer 3

Yes.  While it is not an actual charge, a biased crime conviction is given with higher sentencing.  Say a person was convicted of misd. assault and given 5 days in the workhouse.  The same person making racial slurs could get Gross Misd. assault and get 60 days.

Answer 4

Probably, but from what I understand it is kind of a fact and circumstances type of determination.  The prosecutor will always want this as it increases his options.  I think it would also matter if the victim and accused were of different races.  For example, one black person calling another the "n-word" might not count.

Answer 5

Yes!

Answer 6

Only if the person is white.