Miami Hate Crime Lawyer
As a Miami hate crime lawyer, Dustin Tischler provides strong legal defense for individuals accused of offenses reclassified under Florida’s hate crime statute. These charges carry enhanced penalties and social stigma, and they require a skilled, experienced attorney to challenge the prosecution’s narrative and protect your rights at every stage of the legal process.
Understanding Hate Crime Charges in Florida:
Under Florida Statute 775.085, any criminal offense that evidences prejudice or bias based on certain protected characteristics may be reclassified to a more serious charge.
A charge may be reclassified if prejudice is based on:
-
Race or color
-
Ancestry or ethnicity
-
Religion
-
Sexual orientation
-
National origin
-
Homeless status
-
Advanced age (65+)
Reclassification Examples:
-
A 2nd-degree misdemeanor becomes a 1st-degree misdemeanor
-
A 1st-degree misdemeanor becomes a 3rd-degree felony
-
A 3rd-degree felony becomes a 2nd-degree felony, and so on
-
A 1st-degree felony may be elevated to a life felony
This reclassification results in harsher sentences, longer probation, and permanent damage to your personal and professional reputation.
Types of Hate Crime Cases We Handle in Miami:
At Dustin Tischler Law, we defend clients facing hate crime allegations related to:
-
Physical assault or battery alleged to involve bias
-
Vandalism or property crimes (e.g., graffiti, damage with slurs)
-
Online threats, cyberbullying, or harassment
-
Incidents at protests or political gatherings
-
Cases involving race, religion, gender identity, or sexual orientation
-
Misinterpreted altercations escalated into hate crime charges
How Dustin Tischler Can Help With Hate Crime Charges in Miami:
As an experienced Miami hate crime lawyer, Dustin Tischler builds a defense that challenges the intent, evidence of bias, and legality of reclassification under §775.085.
We work to:
-
Analyze whether the alleged bias was proven with clear and convincing evidence
-
Challenge the credibility of witnesses or inflammatory language in reports
-
Demonstrate alternate motives unrelated to prejudice
-
Prevent reclassification by attacking the prosecution’s legal basis
-
Negotiate for reduced charges or alternative resolutions
-
Represent you at trial with a focus on protecting your rights and reputation
Many hate crime cases are overcharged based on assumptions or public pressure—our role is to uncover the truth and prevent excessive penalties.
Defense Strategies From a Miami Hate Crime Defense Attorney
Because hate crime charges are subjective and emotionally charged, defense must be strategic and fact-based. Common defenses include:
-
No evidence of bias or prejudice
-
Motive unrelated to protected class
-
Self-defense or mutual confrontation
-
Misidentification or false accusation
-
Violation of due process or free speech rights
-
Overzealous law enforcement influenced by media attention
Each case requires a tailored strategy grounded in evidence and legal precedent.
Get Legal Help From a Miami Hate Crime Lawyer
Hate crime charges can upend your life—even without a conviction. Don’t face enhanced penalties and public scrutiny alone. At Dustin Tischler Law, we fight for justice and fairness no matter how complex the case.
Click below to schedule a confidential consultation with a trusted Miami hate crime lawyer today.
What makes a crime a hate crime in Florida?
A crime becomes a hate crime when it’s committed with prejudice based on the victim’s race, religion, gender, sexual orientation, or other protected characteristics.
Do hate crimes carry enhanced penalties?
Yes. Under 775.085, crimes may be reclassified to higher levels (e.g., misdemeanor to felony), resulting in harsher sentencing.
Can I fight a hate crime classification?
Absolutely. Prosecutors must prove that bias was a primary motivating factor, not just a coincidental or emotional element.
What if the incident was a misunderstanding?
Hate crime charges often arise from misinterpreted behavior or comments. We help clarify the context and defend your intent.
Will this charge affect my record permanently?
Yes. A hate crime conviction becomes part of your public criminal record and may affect future employment, housing, or education opportunities.
