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Charged with a Bias Crime in New Jersey? Know Your Rights and Learn How We Can Help Get You The Best Defense
What Is a Bias Crime in New Jersey?
A bias crime—commonly known as a hate crime—is a serious criminal charge under New Jersey law. It applies when someone commits a criminal act motivated by prejudice or bias against another person’s:
- Race or color
- Religion or religious beliefs
- National origin or ethnicity
- Gender, gender identity, or gender expression
- Sexual orientation
- Mental, physical, or sensory disability
In New Jersey, these charges fall under N.J.S.A. 2C:16-1, the bias intimidation statute, and carry enhanced penalties—including increased prison time—if proven.
Bias crimes are seen not just as offenses against individuals but as threats to entire communities. That’s why they’re prosecuted so aggressively—and why having an experienced defense attorney is absolutely essential.
What the Prosecutor Must Prove in a Bias Crime Case
To convict someone of a bias crime, the State of NJ must prove all of the following beyond a reasonable doubt:
- A criminal act occurred
– This could be assault, harassment, vandalism, or almost any other criminal offense. - The act was motivated by bias
– The defendant acted intentionally based on prejudice toward the victim’s protected characteristic(s). - The victim reasonably believed that:
- The act was committed to intimidate them due to their identity, or
- They or their property were specifically targeted because of that identity.
Important: Bias Crime = Base Crime + Motive
A bias crime is not a standalone offense. It’s an additional charge layered on top of another criminal offense. That means the prosecution must first prove that the base crime occurred—and then prove the 2 additional elements a) it was committed with biased intent and b) the victim perception on why the act occurred and or proof the crime was committed to intimidate them due to their identity.
This “dual proof” requirement creates multiple opportunities to challenge the case in court.
How to Beat a Bias Crime Charge in New Jersey
Step 1: Attack the Underlying Charge
The foundation of any bias crime is the base offense. If that underlying charge (e.g., assault or harassment) is dismissed or beaten at trial, the bias enhancement usually falls apart.
No Base Crime = No Bias Crime.
That’s why an experienced defense attorney like Attorney Aalsberg will first focus on getting the original charge reduced or thrown out. Without a conviction for the base offense, the State cannot proceed with the bias crime enhancement.
Step 2: Challenge the Bias Motive
Even if a criminal act occurred, the prosecution still must prove intentional bias—something that often depends on subjective evidence, speculation, or misinterpretation.
Proving someone’s state of mind—especially beyond a reasonable doubt—can sometimes be difficult for the prosecution to prove, especially depending on the makeup of your jury pool. Attorney Aalsberg uses that to your advantage by:
- Challenging witness credibility
- Disputing the alleged motive
- Highlighting lack of direct evidence
- Showing alternative explanations for your actions
This aggressive, strategic approach often undermines the State’s entire case—especially in complex or borderline situations.
Why Choose Attorney Aalsberg for Your Bias Crime Defense?
Attorney Aalsberg is a nationally recognized New Jersey criminal defense lawyer with decades of experience and thousands of successful case outcomes.
He brings:
- A deep understanding of New Jersey’s bias crime laws
- A proven track record in getting over 12,000 Criminal and Traffic Ticket matters dismissed, eliminated or reduced
- A courtroom-tested strategy that focuses on attacking both the base offense and the alleged bias motive
When your future, freedom, and reputation are at risk, you need a lawyer who doesn’t just understand the law—you need one who knows how to win.
Take Action Now – Schedule a Free Consultation
If you've been charged with a bias crime, time is critical. The sooner you act, the more options you have to protect yourself.
Call 1-800-9-RIGHTS to set up your Free In Office Consultation with Attorney Aalsberg and get started on your defense now!
- Free In-Office Consultation
- Confidential Case Evaluation
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Frequently Asked Questions About Bias Crimes in NJ
A bias crime, also known as bias intimidation or a hate crime, is a criminal act motivated by prejudice against a person’s race, religion, ethnicity, gender, sexual orientation, disability, or other protected status. These charges are filed in addition to the underlying offense (e.g., assault, harassment) and carry enhanced penalties under N.J.S.A. 2C:16-1.
Yes. If the underlying offense is dismissed or if the prosecution cannot prove bias motive beyond a reasonable doubt, the bias charge generally will be dropped or dismissed.
Bias crimes can result in enhanced sentencing, including mandatory longer possible prison terms and increased fines. For example a third-degree base offense can be elevated to a second-degree crime if bias is proven.
Absolutely. These are serious charges that require a strategic legal defense. Hiring a skilled defense attorney dramatically increases your chances of avoiding conviction or reducing penalties.
Bias crime charges can significantly increase the severity of your sentence. For example:
- A third-degree base offense may be escalated to a second-degree charge
- A second-degree offense may be elevated to a first-degree felony, punishable by 10–20 years in prison
- You may also face large fines, a permanent criminal record, and damage to your public reputation
No. A bias crime charge depends on a conviction or proof of the underlying offense. If the base charge is dismissed or if you’re found not guilty, the bias enhancement typically cannot stand on its own. That’s why a smart legal defense focuses on defeating the base charge first.
Prosecutors often rely on:
- Text messages or social media posts
- Comments made during or before the alleged offense
- Witness statements
- Prior behavior or affiliations
However, proving intent or motive is one of the hardest aspects of a bias crime case. An experienced attorney can challenge whether any of this evidence meets the legal standard for bias under New Jersey law.
Attorney Aalsberg is widely regarded as one of the top criminal defense lawyers in New Jersey, with over 30 years of courtroom experience and thousands of successful outcomes.
- Interviewed by ABC and CBS News, The Newark Star Ledger and many other news outlets
- Selected to the National Trial Lawyers Top 25
- Holds a 10.0 "Superb" rating on Avvo
- Recognized as a Top 10 Criminal Lawyer by the National Academy of Criminal Defense Attorneys
- Consistently awarded Top Attorney for Client Satisfaction across the web
If you're facing a bias crime charge, Attorney Aalsberg's combination of legal skill, courtroom strategy, and deep knowledge of NJ criminal law can make the difference between a conviction and a clean slate.
Because your future is at stake and you only have one Chance to Win - Get The Best.
Attorney Aalsberg offers:
- Aggressive strategies focused on dismissing or reducing charges
- Deep understanding of New Jersey bias crime law
- Personalized attention and direct attorney access once retained (no associates will work on your case he handles everything dealing with the court himself)
- A proven track record of winning even the toughest criminal cases for over 30 years
You only get one shot at your defense—make sure you have the best on your side to Win.
Call 1-800-9-RIGHTS now to schedule your free in-office consultation. The Call is free but the information learned during the consultation may be priceless.
The Challenge You Face In Winning a Bias Crime Charge in NJ:
Since the enactment of New Jersey’s Bias Crime Law, many individuals have found themselves charged with a bias crime—even when no actual bias was intended. For example, in an assault case, a person might argue, “I would have hit them regardless,” yet still face bias-related charges. The challenge with this law is that it’s not just your intent that matters—it’s how the victim perceived your actions. Under the statute, the key question is whether the victim “reasonably believed” the act was motivated by bias. That means your actions won’t just be judged by what you actually said or thought—but by what the victim believed your motives were, and what they told the police. Once charged, your chances of success drop sharply without a skilled attorney who knows how to challenge the evidence, analyze video footage, and scrutinize every statement made to law enforcement. Don’t take that risk. Put the experience of Attorney H. Scott Aalsberg on your side, because results matter!
Listed below are the crimes that are generally associated with and can be upgraded with a Bias Crime Charge
Violent Crimes
- Assault (Simple or Aggravated Assault)
- Homicide (Murder or Manslaughter)
- Robbery
- Terroristic threats
Property Crimes
- Arson
- Burglary
- Trespassing and Loitering
- Criminal mischief (vandalism, damage to personal property, or graffiti)
Speech or Threat-Based Offenses
- Harassment
- Stalking
- Cyber-harassment
- Threats (verbal, written, or online)
Cyber and Digital Offenses
- Online hate speech targeting protected groups
- Doxxing or publishing private information to incite harassment
- Targeted cyberbullying
- Online threats
Consequences of a Bias Crime in NJ
Bias crimes are treated more severely than the underlying offense due to the fact that crime was committed with a specific reason:
- Your Charges will Upgraded: For example, a disorderly persons offense can be raised to a fourth-degree indictable offense.
- Longer Sentences: Penalties may include enhanced prison time or mandatory minimums.
- Mandatory Bias Crime Sentencing Act: Certain bias crimes require parole ineligibility, meaning the offender must serve the full sentence or at least 80% of it depending on the offense.
Attorney H. Scott Aalsberg, Esq., is Ranked Nationally as one of the Top Ten Criminal Defense Attorneys
by the National Association of Criminal Defense Attorneys and was selected as one of the Top 25 Trial Lawyers by the National Trial Lawyers. If you want to win your charge you need the best lawyer. Put Attorney H. Scott Aalsberg, Esq., success rate to work for you.
How to Win a Bias Crime in New Jersey the ABC Version: Hire the Best Lawyer!
A Proper Understanding The Offense Is Key to Defending and Winning A Bias Crime Charge in New Jersey
As stated earlier In New Jersey, a bias crime—also known as a hate crime—is any criminal offense that is committed with the intent to intimidate or target a person or group based on characteristics such as race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. These crimes carry enhanced penalties because they are seen not just as an offense against an individual, but as an attack on the broader community that shares that identity.
To be convicted of a bias crime, the prosecution must prove three elements:
- That a criminal act occurred (such as assault, harassment, or vandalism), and
- That the act was motivated by bias toward the victim’s protected characteristic(s) or status
Additionally, the victim must reasonably believe either that:
- The offense was committed with the purpose of intimidation due to their identity, or
- They or their property were specifically targeted because of that identity
Put simply, a bias crime is an additional charge layered on top of the underlying offense, and its success depends heavily on proving the motive behind the original act. This sometimes can be the hardest part of the crime for the prosecution to prove and Attorney Aalsberg will put this to the test. Without the underlying charge the bias crime charge will fail. Think of it like the base of the building if the basement collapses all the apartments will also come tumbling down.
Take the Right Path to Winning a Bias Crime Case
The best way to win a bias crime is understanding that the crime requires proof of both the criminal act and the biased intent behind it. Successfully defending against the underlying charge can often lead to the dismissal of the bias charge as well. If there is no conviction for the base offense, the bias enhancement typically cannot stand.
That’s why having an experienced and successful defense attorney is critical. Attorney Aalsberg has a proven track record of success in defending clients against a wide range of criminal charges. By first focusing on beating the original charge, he puts you in the best possible position to overcome a bias crime charge and to help you win, reduce or eliminate the penalties you face.
Hire the Best Lawyer to Win: Put Attorney Aalsberg’s winning experience to work for you now by calling 1-800-9-RIGHTS and take the first step toward clearing your name by setting up a free in-office consultation today.