hate crime

January 10, 2020

Man Pleads Guilty to Assault and Hate Crime Against Syrian Refugee in San Diego

According to reports, Adrian Vergara, 26, pleaded guilty to assaulting a 16-year-old Syrian refugee while using charged racial slurs during the attack. The incident took place on October 15th on board a San Diego trolley at approximately 3:00 p.m. in the afternoon. The Syrian refugee was said to be on his way home from school and while he was talking on his phone in Arabic. Vergara pulled an earbud out of the victim’s ear and said, “What trash are you speaking?” The victim told him that he was speaking in the Arabic language and then Vergara verbally attacked him with Islamophobic slurs. He then physically assaulted the 16-year-old, violently striking him up to six times. After the attack, Vergara exited the trolley on 62nd Street in Encanto.

The police confirmed that the victim endured minor facial injuries as a result of the attack. San Diego Police Department Lt. Shawn Takeuchi indicated that through using video footage detectives were able to obtain visual information on Vergara’s appearance. About a week later, the Port of San Diego harbor police arrested Vergara for a misdemeanor narcotics violation. When the authorities had Vergara in custody, he was recognized as the individual who was connected to the San Diego Police Department’s investigation into the hate crime on the young Syrian refugee.

Vergara was charged with and pleaded guilty to assault and a hate crime for which he was sentenced to five years in state prison. Nine days before the assault took place on the trolley in San Diego, there was another hate crime arrest in Little Italy. A man, identified as Kyle Allen, 50, was shoving Muslim women who were wearing hijabs. He was also yelling at them to “go back to (their) country.” Allen is currently facing charges of battery as well as hate crimes.

What is Assault and Battery in California?

Assault and battery charges are commonly referred to as in conjunction with each other but they are not treated the same under the law in California. They are actually two different classifications under the state’s law. California assault law, Penal Code 240 PC, defines assault and battery.

Assault is when there is an attempted act of using violence or force against another
Battery is defined as the actual action where force or violence is used against another

Under California law, when a person attacks another and it is classified as a simple battery, it is considered a misdemeanor punishable by a fine of up to $2 thousand alone or in combination with a maximum of six months in county jail.

However, the penalties are much higher when a battery inflicts significant injuries and it then becomes known as “aggravated battery.” A person convicted of an aggravated battery may either be facing a misdemeanor or a felony depending on the circumstances. Misdemeanors come with a maximum sentence in the county jail of up to one year while felonies can come with a four-year prison sentence. Continue reading

November 21, 2018

Hate Crimes

by David M. Boertje

For the third year in a row, the rate of hate crimes increased in California. According to a report released by the California Attorney General’s office, there were 1,093 reported hate crimes in California in 2017, a 17.4% increase. This statistic follows an uptick in hate crimes since 2014: The amount of reported incidents jumped 44% in that three-year span.

What is a Hate Crime?

Hate crimes target people based on their race, sexual orientation, religion, or other protected class. More than half of the hate crimes reported in California last year involved racial basis, Black people, in particular, represented 27% of such reported incidents.

Hate Speech or Hate Crime?

Hate Speech is behavior motivated by hate but legally protected by the First Amendment right to freedom of expression. Examples include name-calling, insults, distributing hate material in public places, and displaying hate material on a person’s own property. Hate speech is permitted by the U.S. Constitution so long as it does not interfere with the civil rights of others.

A hate crime is a crime against a person, group, or property motivated by the victim’s real or perceived protected social group.

California Hate Crime Laws

Intent or motive to commit a crime is at the heart of most criminal offenses. Under the law, if one of the motivators for committing the crime is hate, the accused person will be subject to enhanced penalties, like a longer prison sentence or steeper fines.

California considers a person’s disability, gender, nationality, race or ethnicity, religion, or sexual orientation protected characteristics. If a person is harmed, threatened, or harassed because of the person’s protected characteristics, then the law imposes severe additional punishment for the criminal offender.

How to Spot a Hate Crime

A hate crime occurs when a victim or property is targeted because they belong to a protected group, like race or religion. During the commission of the crime, the perpetrator often makes verbal comments showing prejudice.

Have You Been Charged With a Hate Crime in California?

Committing a violent crime against an individual from a protected class California is a serious offense. If you have been charged with a hate crime in California, you can face heavy fines and years of imprisonment. Consult a qualified San Diego Criminal Defense Attorney who can help mitigate your penalties. Continue reading

January 6, 2016

Man Accused of Hate Crime, Arson in California Mosque Fire

by David M. Boertje

Earlier this weekend, a 23-year-old man named Carl James Dial from Palm Desert, CA, was arrested on on suspicion of committing a hate crime and arson in connection to a mosque in Riverside County, CA. On Friday afternoon, a fire was reported at the Islamic Center in Palm Springs. The fire was contained to the building’s front lobby, and no one was injured. The mosque is only 75 miles from San Bernardino, where the deadly shooting committed by Islamic extremists killed 14 people last month. It is the only mosque in Coachella valley.

In a statement released Friday evening, Congressional Rep. Raul Ruiz, whose district includes the area in which the mosque is located, called on authorities to investigate the fire as a possible hate crime. That same mosque was also hit by gunfire last November 2014 in what was also investigated as a possible hate crime.

Mr. Dial was arrested and is being detained at the Riverside County Jail in Indio on suspicion of committing a hate crime, two counts of arson, one count of maliciously setting a fire, and one count of second-degree burglary. He is being held in lieu of a $150,000 bail. Authorities provided no details on how the fire was set. Mr. Dial is scheduled to appear in Court next week.

California Arson Law

California Penal Codes § 451 and 452 make it a crime to set fire to any building, forest land, or property willfully and maliciously or recklessly. The punishment for arson in California depends on:

The type of property that was burned;
Whether someone was injured;
Whether you set fire willfully or only recklessly.

Setting a fire recklessly is a misdemeanor, but it becomes a felony if someone is injured in the fire. Willful and malicious arson is always a felony in California, and you will even be charged with murder if you accidentally kill someone in the process (under the felony-murder rule).

California Hate Crime Law

California has its own specific statute which makes it a stand-alone crime to commit a hate crime. It is a felony to commit an act of assault or vandalism if your are motivated by one’s nationality, religion, gender, sexual orientation, race, or ethnicity. Hate crimes are punishable by three years imprisonment for each act. See CA Penal Code 422.6. Continue reading