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aalsberg@yahoo.com Charged With A Bias crime, In NJ
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:
A) 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 two 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.
B) Take the Right Path to Winning a Bias Crime Case
The best way to Win a bias crime is understanding that the crime require 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 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.
C) 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.