Generally, the law recognizes a person's right to freedom of speech, but under certain circumstances, a person's words could send them to prison.

New Jersey Criminal Case: Racist Harassment

A New Jersey resident is facing criminal charges after he allegedly harassed his neighbors with racist and vulgar language on numerous occasions over six years. As described in dozens of complaints filed against him, Edward Cagney Mathews told his neighbors, who are minorities, “they don't belong in this town” and called them “monkeys” and the N-word. Mathews also purportedly claimed to have run other residents out of the neighborhood. In addition, he allegedly placed a threatening note, which the FBI identified through handwriting analysis, and smeared dog feces on a neighbor's car.

A video captured Mathews yelling racial obscenities at a neighbor. It spurred a protest at his residence, and the hundreds of people who attended were present when police arrested him. He has been charged with bias intimidation, stalking, criminal mischief, harassment, and possession of a weapon for an unlawful purpose.

New Jersey Crime: Bias Intimidation

One of the charges against Mathews is bias intimidation. People commonly refer to these types of offenses as hate crimes.

In New Jersey, a person could be charged with bias intimidation when they commit, attempt, or conspire to commit a criminal offense in one of three ways: 1) “with a purpose to intimidate . . . because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity” (their protected characteristics); or 2) “knowing that the conduct . . . would cause an individual . . . to be intimidated because of [their protected characteristics]”; or 3) “under circumstances that caused any victim . . . to be intimidated and the victim . . . reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim . . . because of [their protected characteristics], or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's [protected characteristics].”

In this case, Mathews could be charged with bias intimidation because he allegedly committed harassment and other crimes with the purpose of intimidating his Black neighbors because of their race.

Serious Crime Calls for an Experienced Defense Attorney

The severity of the crime of bias intimidation under New Jersey law is based on the level of the underlying criminal offense, such as harassment. The offenses do not merge, so a criminal defendant can be punished for both the underlying offense and bias intimidation. Punishments could include prison sentences, hefty fines, sensitivity classes, diversity training, and counseling.

Due to the serious nature of bias intimidation and the possibility of a lengthy jail sentence, a licensed criminal defense attorney is important for facing these charges. Joseph D. Lento is a seasoned criminal defense attorney with many years of experience, and he zealously advocates for his clients. Contact the Lento Law Firm at 888-535-3686 for help with your criminal case.