# Houston Hate Crime Lawyer | Proven Results ## Hate Crime Attorney in Houston, TX ### What is a Hate Crime? Hate crimes are best described as any criminal act against another motivated by the victim’s race, color, disability, age, religion, national origin, gender, or sexual orientation. For a free legal consultation with a hate crime lawyer serving Houston, call [(281) 280-0100](tel:+12812800100) today ### The James Byrd, Jr. Act In 2001, the Texas legislature codified the James Byrd, Jr. Act after three white men were convicted in the dragging death of the act’s namesake. James Byrd, Jr. was a black man, and the crime was believed to be racially motivated. Each of the accused men was convicted; two received a death sentence, the other, life in prison. The Act established a hate crime law that enhances penalties for crimes when it is proven there is bias based on one of the protected classes named above. For example, if a person is charged with a third-degree felony with the hate crime enhancement it becomes a second-degree felony. The minimum penalty enhancement is 180 days in prison. Only first-degree felonies and Class A Misdemeanors are exempt from the hate crime enhancement. #### The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act In addition to the Texas hate crime statute, there is also a federal statute. The federal statute, the [Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act](https://www.justice.gov/crt/matthew-shepard-and-james-byrd-jr-hate-crimes-prevention-act-2009-0), was signed into law by President Barack Obama in October 2009. Matthew Shepard was a gay student in Wyoming who was abducted by two men, assaulted, and left to die in a remote area of the state. He was found shortly thereafter but died from his assault days later in a Colorado hospital. Here it was believed that Matthew Shepard was assaulted due to his sexual orientation. Both men were convicted and are serving life sentences in prison. Houston Hate Crime Lawyer Near Me [(281) 280-0100](tel:+12812800100) ### Defending Against a Hate Crime Accusation Not every crime constitutes a hate crime. For the enhanced penalties to apply, the prosecutor must prove that the criminal act was inspired by hatred and bias. Prosecutors have been known to attach the enhancement to underlying charges for bargaining power during plea discussions. If you decide to plead guilty, you waive your rights. Thus, it is important that you understand your rights and the charges against you before making this decision. In 25 years of practice, I have only seen this statute used occasionally by the District Attorney’s office in Harris County, but when it is used it is used in a very aggressive manner. Galveston on the other hand has been very reluctant to experiment with this statute. I really don’t understand why, maybe it’s because law enforcement in Galveston County makes so many decisions based on these protected classes that they actually see the hypocrisy, but I doubt it! If you are charged with a [crime](https://tadlaw.com/) involving bias, you will need an experienced criminal attorney, like Tad Nelson to defend your case and ensure you receive fair treatment. The attorneys at the Law Offices of Tad Nelson & Associates are knowledgeable and will aggressively fight to ensure the best outcome for your case. Call [(281) 280-0100](tel:(281) 280-0100) or use this [form](https://tadlaw.com/contact-us/) to schedule a consultation. If you are facing charges for federal crimes, your rights are in peril. As you consider your options for fighting these serious charges, it is crucial to be represented by a tenacious criminal defense lawyer with a track record of achieving the best possible result in federal cases. ### Contact our Texas Hate Crimes Attorney Today At [Tad Nelson & Associates](https://tadlaw.com/about/) in League City, we combine our big city experience with small-town values, providing a supportive environment for people facing federal crimes charges in Texas. We have extensive experience practicing in federal courts and have amassed an impressive track record of winning complex criminal trials. [Click to contact](https://tadlaw.com/contact-us/) our Criminal Defense Lawyers in Houston today ### Major Credit Cards Accepted — Evening, Weekend and Off-Site Consultations Call [**(281) 280-0100**](tel:(281) 280-0100), or send us an [e-mail](https://tadlaw.com/contact-us/) today to schedule a consultation with an experienced criminal defense attorney. Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started Houston Criminal Defense Blog Posts: [New Test Flags Underage Drinking Risk Criminal Defense Texas readers may be interested to learn that researchers have developed a new personality-based test aimed at identifying kids at high risk...](https://tadlaw.com/blog/new-test-flags-underage-drinking-risk/) [Why Hire a Board Certified Attorney? Criminal Defense Why hire a Board Certified Attorney? Attorney Representation in Houston, Texas since 1992 Board certification is a distinction held by less than...](https://tadlaw.com/blog/why-hire-a-board-certified-attorney/) [Texas Expands the Legal Definition of Stalking Criminal Defense Definition of ‘Stalking’ Expanded in Texas Texas law treats domestic violence as a serious crime. 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