What to Do If You Believe You Are a Victim of a Hate Crime in West Virginia Criminal Court
Being the victim of a crime is traumatic enough, but when the crime is motivated by bias or prejudice, it can feel even more personal and damaging. Hate crimes, which are criminal acts motivated by race, religion, sexual orientation, gender identity, or other protected characteristics, are a serious issue that affects both the victim and the community at large. If you believe you’ve been the victim of a hate crime in West Virginia, it’s essential to understand your rights, how the law protects you, and what steps you can take to ensure justice is served.
At Frank Walker Law, we are committed to helping individuals who have been targeted by hate crimes seek justice and hold the responsible parties accountable. In this blog post, we’ll explore what constitutes a hate crime in West Virginia, what you can do if you believe you’re a victim, and how to ensure that the proper legal channels are followed.
What is a Hate Crime in West Virginia?
In West Virginia, a hate crime is defined as a criminal act that is committed against a person or property with the intent to harm or intimidate them based on their race, ethnicity, religion, sexual orientation, gender, disability, or any other characteristic protected by law. Hate crimes can include:
Assault: Physical harm or threats directed at a person based on their identity.
Vandalism: Damage to property motivated by hatred toward a particular group.
Harassment or Intimidation: Verbal abuse or threats of violence targeting someone because of their protected characteristic.
Discrimination: Unfair treatment or denial of rights based on bias or prejudice.
Under West Virginia Code § 61-2-9, if the offense was motivated by hatred or prejudice, it can be charged as a more severe offense, resulting in harsher penalties. The presence of a hate crime enhancement can elevate a misdemeanor charge to a felony, leading to longer prison sentences and higher fines.
Steps to Take If You Believe You Are a Victim of a Hate Crime
If you believe you’ve been targeted because of your identity, there are important steps you can take to protect yourself, gather evidence, and hold the perpetrator accountable.
1. Ensure Your Safety
First and foremost, prioritize your safety. If you are in immediate danger or feel threatened, remove yourself from the situation as quickly as possible. If you are in public, try to find a safe place, such as a business or a friend’s house. If you are in fear for your safety, call 911 immediately.
If the perpetrator is still present or if the crime is ongoing, law enforcement can intervene to protect you and prevent further harm.
2. Contact Law Enforcement
If you believe you have been the victim of a hate crime, it is essential to contact law enforcement as soon as possible. Hate crimes are criminal offenses and should be reported to the police. When you call the police, make sure to provide as much detail as possible about the incident, including:
A description of the perpetrator (physical appearance, clothing, etc.).
What was said or done during the crime (e.g., hate-filled language, symbols, or actions).
Any evidence you may have (photos of property damage, medical records, or witness statements).
Whether the crime was physical, verbal, or both.
It’s important to document everything. Police will investigate the incident, and if there is enough evidence, they may elevate the charge to include a hate crime enhancement.
3. Collect Evidence
Evidence is critical in any criminal case, but in hate crime cases, it is especially important to demonstrate the motive behind the crime. If you can, try to collect evidence of the bias or prejudice that motivated the crime. This could include:
Witness Statements: If others witnessed the crime or overheard hateful language or threats, ask them to provide statements to the police.
Photos and Videos: If you have access to a phone, take pictures of any vandalism or damage caused by the perpetrator. If there is video footage of the incident (from security cameras, smartphones, or other sources), it could be incredibly valuable.
Social Media or Written Communication: In some cases, perpetrators may leave behind hate-filled messages, whether on social media, in emails, or through written notes. This can be powerful evidence of the intent behind the crime.
4. Report the Incident to Local or National Hate Crime Resources
In addition to reporting the crime to the police, there are several hate crime resources available to support victims:
The FBI: If the crime involves federal jurisdiction or the perpetrator crossed state lines, the FBI has specialized units that investigate hate crimes.
West Virginia Commission on Racial Discrimination: This commission works to eliminate racial discrimination and offers resources to individuals who believe they have been targeted by hate.
LGBTQ+ Organizations or Religious Groups: Depending on the nature of the hate crime, specific advocacy groups may offer support and help with your case, including finding legal assistance or emotional support.
5. Seek Legal Assistance
If you have been a victim of a hate crime, seeking legal counsel is one of the most important steps you can take. An experienced attorney will help you navigate the complexities of the criminal justice system, advocate for your rights, and ensure that the hate crime is properly handled under the law.
An attorney can assist you with:
Filing a civil lawsuit: If you are seeking damages for the harm done to you or your property, a civil suit may be an option.
Seeking a restraining order: In certain cases, a judge can issue an order of protection to prevent further harassment or threats.
Navigating the criminal justice system: Your attorney can help you work with law enforcement and prosecutors to ensure that the perpetrator is charged with a hate crime and held accountable for their actions.
At Frank Walker Law, we have extensive experience handling criminal cases, including hate crime charges. We understand the unique challenges victims face and are here to fight for justice on your behalf.
How Frank Walker Law Can Help You
If you believe you have been the victim of a hate crime, Frank Walker Law is here to help. Hate crimes are a deeply troubling offense, and you deserve strong legal representation to ensure that your case is taken seriously.
Our experienced attorneys will:
Advocate for you: We will fight for your rights and ensure that the crime is properly classified as a hate crime.
Support your emotional well-being: We understand that hate crimes can take an emotional toll, and we are here to provide the support you need throughout the legal process.
Work to secure justice: We will investigate the facts of your case, gather evidence, and pursue all available legal avenues to bring the responsible parties to justice.
Contact Frank Walker Law today for a free consultation. If you believe you’ve been the victim of a hate crime in West Virginia, don’t wait—reach out to us today or schedule a consultation online. Let us help you navigate the legal process and seek the justice you deserve.
Your voice matters—let us help you fight back against hate and ensure that your rights are protected.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.