Defending Against Hate Crime Allegations in Illinois

 Posted on June 20, 2025 in Criminal Defense

A young Illinois man is facing felony charges after he allegedly made derogatory remarks about a woman’s sexual orientation and then injured her in a fight at a McDonald’s in Carpentersville. The 19-year-old man allegedly had a juvenile with him, who is being charged in juvenile court.  The two males apparently made anti-LGBTQ remarks toward the woman before the confrontation escalated into violence. Prosecutors are reviewing the facts and circumstances to determine whether hate crime charges are warranted.

Facing allegations of a hate crime in Illinois is a serious matter. If convicted of a hate crime, you could face long-term legal and personal consequences. Hate crimes are felonies that carry enhanced penalties because they target individuals based on protected characteristics. These protected characteristics could include race, religion, ethnicity, disability, or sexual orientation.

That said, an allegation is not a fact, and being accused of a hate crime does not automatically mean you are guilty of the crime. It is important that you understand the specific elements prosecutors must prove, as well as the potential defense strategies your attorney may implement on your behalf. If you are facing such serious allegations, it can be very beneficial for you to speak to a knowledgeable Will County, IL criminal defense lawyer.

How Often Do Hate Crimes Occur?

According to the Justice Department, in 2023, there were 13,857 victims of single-bias incidents and 559 victims of multiple-bias incidents. Only about one percent of these incidents involved gender bias, 1.6 percent involved disability bias, 4.1 percent involved gender identity, 18.4 percent involved sexual orientation, 22.5 percent involved religion, and 52.5 percent involved race/ethnicity/ancestry.

How Does a Hate Crime Differ from the Underlying Offense?

There is usually an underlying crime charged, with a hate crime charged as an additional crime.  Physical assault, aggravated assault, battery, sexual assault, verbal harassment in person or by telephone or electronic communication, disorderly conduct, property damage, theft, and even murder are the most typical accompanying offenses that are charged with hate crimes.

What are the Penalties for an Illinois Hate Crime Enhancement?

On their own, hate crimes are often charged as a Class 4 felony. This is for a first offense. If convicted of a Class 4 felony, the penalties include a prison sentence of between one and three years. The maximum fine for a Class 4 felony is $25,000.   

Those who are facing charges for a second hate crime could see the charges escalate to a Class 2 felony. If convicted of a Class 2 felony, the prison sentence could be between three and seven years. Depending on the underlying crime charged and the circumstances, some defendants may receive a sentence of conditional discharge or probation for a hate crime.

Probation or conditional discharge usually requires as many as 200 hours of community service and enrollment in a certified educational program designed to prevent further hate crimes. The underlying crime will have its own penalties, which are separate from the penalties for the hate crime. A judge may also order restitution to the victim.

Defenses to Hate Crime Charges

The defense chosen by a criminal defense attorney will depend on the facts and circumstances surrounding the charges. Some of the most common defenses to hate crime charges include:

• Lack of bias
• Lack of intent
• Credibility issues with the "victim" or witnesses
• Police error
• Constitutional challenges

Contact a Grundy County, IL Criminal Defense Lawyer

If you are facing hate crime charges as well as charges for an accompanying serious offense, you are looking at a felony conviction. Not only does a felony conviction have severe legal penalties, but it also has long-term collateral consequences, including an inability to obtain employment, housing, or a professional license. Serious criminal charges require a serious, experienced Will County, IL criminal defense attorney from Law Offices of Jack L. Zaremba, P.C.. Call 815-740-4025 to schedule your free consultation.