Are you or a loved on e facing a bias intimidation charge? A bias intimidation charge is a very serious charge. It can result in possible jail time, fines and fees, and a criminal record that affect future or current education and/or employment. In conjunction with this charge, you or your loved one will also likely face, but is not limited to, a simple assault charge, aggravated assault charge, criminal mischief, etc. It is important to do your research before you hire just any criminal defense firm. At the Law Offices of Jonathan F. Marshall, we have the man-power, experience, credentials, and knowledge to help you or your loved one facing this charge. At our Bergen County Criminal Defense Firm, we have:

  • Eleven (11) criminal defense attorneys on staff
    • Combined together, over 200 years of experience
  • Eight (8) former prosecutors on staff
    • Four (4) were former county prosecutors who’ve tried high-profiled murders trials before a jury during their tenure as prosecutors
    • Many held directorial positions during their tenures as former assistant county prosecutors
      • One (1) was the head of the Drug, Gang, and Gun Task force
      • One (1) was the head of the Major Crimes Division
      • One (1) was the head of the Trial team
  • Multiple attorneys selected to either the National Trial Lawyers Top 100 or Top 40 Under 40
  • Two (2) attorneys selected to Thomson Reuters’ Super Lawyers Rising Stars list for criminal defense
    • Only 2.5% of attorneys in New Jersey are selected to said list
  • One (1) attorney certified by the Supreme Court of New Jersey as a Criminal Trial Attorney
    • Less than 1% of attorneys hold this distinction in New Jersey

Please give our office a call at 201-201-0086. We are available 24/7.

Hackensack Bias Intimidation Charge Lawyer

A bias intimidation charge, codified under NJ law as 2C:16-1,   can cost you or your loved one who is facing this charge potential prison/jail time, fines and court costs, as well as a criminal record. In order for a prosecutor to prove this case beyond a reasonable doubt, they will have to prove:

  • A defendant is guilty of a crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of title 2C,
    • with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or
    • knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or
    • under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim’s property was selected to be the target of the offense because of the victim’s race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.
  • There is a permissive inference if there is proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, etc.

What are the possible penalties?

A bias intimidation charge is a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, if the underlying charge is a felony (indictable), it is a crime one degree higher than the most serious underlying crime. This means if the underlying crime is a third degree aggravated assault, then the bias intimidation charge will be a second degree. If the underlying charge is a first degree, however, then the bias intimidation will also be a first degree charge.

Typically, a first degree charge carries a maximum of twenty (20) years in state prison, and a minimum of ten (10) years. A first degree bias intimidation charge differs from a typical first degree since it carries a maximum of thirty (30) years in state prison, and a minimum of fifteen (15) years. It is also presumed at sentencing that the judge will sentence the defendant to a term of twenty (20) years.

Lastly, the judge at sentencing can impose the following additional penalties:

  1. completing a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;
  2. completing a counseling program intended to reduce the tendency toward violent and antisocial behavior; and
  3. make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation

Bergen County Criminal Defense Firm

The Law Offices of Jonathan F. Marshall has over 200 years of combined experience on staff. We have the experience and knowledge to successfully protect your interests.  Our office serves all of Bergen County including towns like, Hackensack, Fort Lee, Paramus,  Little Ferry, Fair Lawn, Bogota, Saddle River, Upper Saddle River and Lyndhurst. If you have any further questions with regards to this offense or any other offense please contact any one of our Bergen County Offices for a free initial consultation. We can be reached 24/7 at 201.429.9783.