Hate Crimes Or Malicious Harassment Prosecution

Washington Hate Crime

On May 25, 16-year-old Shane McClellan was walking to his West Seattle home when he was approached by two men and subsequently robbed and beaten for four hours. These men, who have been identified as Ahmed Mohamed and Jonathan Baquiring called out racial insults, beat McClellan with his own belt, and burned him with cigarettes. Shane McClellan is Caucasian, Mohamed is African American, and Baquiring is Asian.

While the men were initially questioned and released, Jonathan Baquiring was arrested on October 5^th after a DNA test positively identified both men at the scene. Each has been charged with robbery and malicious harassment. The Seattle police are still searching for Ahmed Mohamed.

We are seeing a new hate crime case come up almost daily in the media. But what actually is a hate crime? In Washington, malicious harassment is set forth in RCW 9A.36.080. In general, malicious harassment occurs when an individual maliciously and intentionally commits an act that causes physical injury to a person or property because of another’s color, religion, national origin, race, gender, sexual orientation, mental, or physical handicap.  For this crime to be present, it is important to note that offensive words alone do not constitute malicious harassment, unless they are spoken in a context that constitutes a threat. The victim also must believe that the perpetrators have the ability to carry out the threat. The victim must be in reasonable fear of harm. Also, acts that result in property damage constitute malicious harassment as well, where a cross is burned on a front lawn, or when someone paints offensive language on a home or property, for example.

By their nature, these crimes are emotionally volatile, and public opinion is most often not in favor of the defendant.  Because of the serious nature of these crimes, convictions can result in serious punishments including jail time, monetary compensation to the victim and fines. If you have been accused of a hate crime in the State of Washington, it is important to speak with an experienced Seattle criminal defense lawyer. The courts treat these crimes harshly, and it is important to not try to face these charges alone.  By contacting an experienced criminal defense attorney and scheduling a consultation you will learn the penalties involved with this type of charge and the steps you can take to obtain the best result possible.