Naples Woman Claims Innocence During Hate Crime Trial
Hate crime convictions can change people’s lives forever. Not only do these charges usually carry severe penalties, but they also have the potential to ruin reputations. Often, hate crime allegations are completely unfounded – and people face these allegations due to simple misunderstandings. This is exactly what a Florida woman is arguing after being accused of hate crimes and aggravated battery in Naples.
Woman Attempts That Alleged Assault Was Actually an Accident
In 2020, a Naples woman was arrested after a physical altercation outside a banquet hall. Prosecutors, police officers, and multiple witnesses claim that the defendant used a racial slur multiple times during this incident. However, her defense attorney contests that she accidentally fell into a group of people, and that no assault ever occurred. Deputies say they arrived on the scene to find a “pile of people on the ground,” but they did not see how the altercation actually began.
As you might expect, the people involved in this altercation have very different accounts of how it happened. According to the defense, the woman merely fell into a group of strangers while leaving the banquet hall. Although the woman’s defense attorney admits that there was some physical contact, he claims that this was completely unintentional – and that the group of people reacted by using racial slurs against her. The defense also argues that the woman yelled back her own insults only after she was called a “stupid white [expletive].”
On the other hand, the alleged victims claim that the woman intentionally assaulted a pregnant black woman while yelling racial slurs. These individuals claim that the altercation began when they overheard the defendant using racial slurs and confronted her about it. This sparked a fight between the defendant’s boyfriend and the boyfriend of the pregnant woman. The victim also claims she entered the melee to break up this fight.
What happened between the two women is not exactly clear, but the pregnant individual claims she was pulled by the hair and struck. However, first responders only treated her for a scrape to the knee. Although she was concerned about her baby, there were no issues with her pregnancy.
Deputies say that when they arrived on the scene, the defendant was using racial slurs. They also claim that she assaulted them on numerous occasions – although her defense attorney argues that she was merely “claustrophobic” and scared.
Is Accidental Assault Illegal in Florida?
Intent is an important element of assault in Florida. If you accidentally fall into someone, for example, you are not committing a criminal act. In addition, it is impossible to face hate crime “enhancements” if there is no underlying assault. Despite its name, a hate crime is not a crime in and of itself. Instead, it can only be “added” to an existing crime. Using a racial slur without any other offense is almost always legal in Florida due to the First Amendment.
Can a Defense Lawyer Help With Hate Crimes and Assault in Naples?
An experienced defense lawyer may be able to help defendants fight hate crime and assault charges in Naples. Remember, a hate crime enhancement makes assault much worse – potentially leading to longer periods of incarceration. It makes sense to clear up any misunderstandings as soon as possible alongside your defense lawyer. To continue this important conversation in more detail, schedule a consultation with a Fort Myers violent crimes lawyer at The Foley & Wilson Law Firm today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.085.html
shawlocal.com/the-herald-news/2024/10/16/florida-woman-on-trial-for-homer-glen-hate-crime-against-black-woman/
