Yelling Homophobic Slurs During Fort Myers Assaults: What Are the Penalties?

On June 7th, the Lee County Sheriff’s Office reported that a man had been assaulted in Fort Myers on his 19th birthday. According to the victim, the incident began when people started yelling homophobic slurs at him from a passing SUV. The driver then allegedly emerged from the vehicle and assaulted the victim. The man says that he cannot remember the actual violence due to a head injury. What happens if the authorities catch the person who carried out this attack? Could they face hate crime charges in Fort Myers?

 Florida Hate Crimes Laws Can “Upgrade” Assault Charges 

Florida hate crime laws increase penalties for various crimes. If you yell a homophobic slur while carrying out a simple battery, you could face a felony of the third degree. Normally, a simple battery is prosecuted as a misdemeanor of the first degree. Hate crime penalties for assaults can be especially severe if you used a deadly weapon or caused severe injuries.

 What If the Victim Wasn’t Gay? 

You might assume that if you yell homophobic slurs at a victim while assaulting them, you are only guilty of a hate crime if the victim is legitimately gay. However, this is not entirely correct. Even if the victim is straight (or “cisgender”), you could still face hate crime charges for assaulting them while expressing homophobic remarks.

First of all, it may be a pointless and tiresome endeavor to prove someone’s sexuality in the context of a criminal trial. A person might claim to be straight while engaging in homosexual relationships in private. Others might have somewhat fluid sexualities that transcend labels like “gay” or “straight.” Courts will not spend time trying to determine the sexuality of a specific victim, and they are more likely to pay closer attention to the nature of homophobic slurs expressed by an attacker.

In addition, Florida’s hate crime statutes specifically state that the victim does not necessarily need to be within a “protected class” that matches the remarks or prejudice expressed by the attacker. Section 3 of Statute 775.085 states that prosecutors must prove that the defendant “knew or perceived” that the victim was within the protected class. In other words, you only need to believe that the victim was gay while expressing prejudice. If it later becomes clear that the victim is straight, the same penalties apply.

That said, you may have used a homophobic slur as a general insult rather than a specific attack on the victim’s sexuality. If you can prove that you never actually perceived the victim to be gay, you could escape hate crime charges. However, you would still face penalties for a simple assault.

Find an Experienced Violent Crime Defense Lawyer in Fort Myers 

If you’ve been searching for a criminal defense lawyer in Fort Myers, look no further than The Foley & Wilson Law Firm. With our help, you can fight battery charges – including those related to alleged hate crimes. Get in touch today to get started on a defense strategy.

Sources: 

fox4now.com/estero/fort-myers-man-was-assaulted-after-he-says-group-yells-homophobic-slurs

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.085.html