What Are the Consequences of a Hate Crime Enhancement?

 Posted on May 08, 2025 in Criminal Defense

An Anti-Defamation League news report found that hate and extremism incidents are up across the entire state. These incidents include actual hate crimes as well as intimidation, largely against LGBTQ, Black, Muslim, Jewish, and immigrant populations. For example, between 2020 and 2023, there were 23 hate-related incidents in Peoria County, although only one was considered an actual hate crime.

Under the Illinois Statute, a hate crime is defined as a crime committed because of another person’s "race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin." All hate crimes have an underlying basis of holding a preconceived, negative opinion about an entire group of people, yet not every incidence of bias can be charged as a hate crime.   

In some cases, speech that might be seen as hate speech could be protected under the First Amendment. While hate speech may be a "bias incident," it may not rise to the level of a hate crime unless there is an implied or direct threat in the speech or it incites violence towards others. When this occurs, the incident can be charged as a hate crime.

Hate crime penalty enhancements in Illinois can be extremely severe. If you have been charged with a hate crime, it is important that you speak to an experienced Joliet criminal defense lawyer as quickly as possible to ensure your rights and your future are protected.   

How Does Illinois Punish Hate Crimes Through Penalty Enhancements?

If an individual deliberately chooses a victim based on the victim’s protected status, the penalties for the underlying offense can be extended or enhanced. These underlying offenses can include:

• Harassment through electronic communications
• Assault
• Harassment by telephone
• Battery
• Disorderly Conduct
• Aggravated assault
• Transmission of obscene messages
• Intimidation
• Mob action
• Stalking or cyberstalking
• Misdemeanor theft
• Criminal trespass to a residence or vehicle
• Misdemeanor criminal damage to property

What Are the Penalties for Hate Crimes in Illinois?

If a hate crime occurs within one thousand feet of a cemetery, mortuary, educational facility, place of worship, public park, or an ethnic or religious community center, it is charged as a Class 3 felony with a base sentencing range of 2-5 years. If an additional hate crime is committed after the first, the offense is classified as a Class 2 felony with a base sentencing range of 3-7 years.

What Are the Penalty Enhancements for a Hate Crime?

The sentence for an underlying crime can be enhanced if the crime was motivated by hatred of another group. For example, a crime with a sentencing range of two to five years extends to ten years with a hate crime enhancement. A crime with a sentencing range of three to seven years extends to seven to 14 years with a hate crime enhancement.

A Class 4 felony with a base sentencing range of one to three years can increase to three to six years with a hate crime enhancement. A hate crime conviction may also carry a fine as large as $25,000, victim restitution, and up to 200 hours of community service if the sentence is probation.

Are There Defenses to Hate Crimes?

Charges of a hate crime require a highly skilled criminal defense lawyer. While a person’s defense will depend on the circumstances and facts surrounding the charges, some of the more common defenses to hate crimes include:

• The crime was not driven by bias, i.e., there was no intent to commit a hate crime.
• The defendant was misidentified or has a solid alibi (actual innocence).
• The defendant’s behavior falls under freedom of speech.
• There were mistakes made by the police during the arrest or interrogation, including violations of civil rights.

Contact a Will County, IL Criminal Defense Lawyer

If you have been charged with a hate crime, the most beneficial step you can take is to contact a knowledgeable Joliet, IL criminal defense lawyer from Law Office of Eric J. Blatti, P.C.. Attorney Blatti is local to the Joliet area, has experience working as a public defender, and has good relationships with local attorneys and judges. Call 815-744-2500 to schedule your free consultation.