Federal Hate Crime Charges for Alleged Antisemitism on the Rise

 Posted on June 05, 2025 in Federal Crimes

In the years since Congress expanded the scope of federal hate crime laws, law enforcement has devoted increasing resources to investigating antisemitic threats, violence, and property damage. In May and June 2025, high-profile incidents in Colorado, Washington, D.C., and Chicago have drawn national attention and renewed scrutiny from federal prosecutors. 

People accused of these acts face not only state charges but also aggressive pursuit under federal hate crime statutes. The legal and reputational consequences of a federal indictment can be life-altering, making a Chicago, IL federal criminal defense attorney absolutely essential. 

What Makes a Crime a Federal Hate Crime?

Federal hate crime law is primarily defined under 18 U.S.C. § 249, which makes it a crime to willfully cause or attempt to cause bodily injury because of a person’s actual or perceived race, religion, national origin, gender, gender identity, sexual orientation, or disability.

The law applies to violent acts such as assault, attempted murder, or arson when motivated in whole or in part by bias. For federal charges to apply, the case typically must involve one of the following:

• The use of interstate facilities (phones, internet, travel)

• Occurrence on federal property or affecting interstate commerce

• Failure or inability of state authorities to prosecute

Religious bias, including antisemitism, remains a central focus of these statutes.

What Are the Penalties for a Federal Hate Crime?

Federal hate crime convictions carry serious consequences. If the offense results in bodily injury, the maximum sentence is 10 years in federal prison. If the act involves kidnapping, sexual abuse, murder, or attempted murder, the sentence can include life imprisonment.

When a hate crime is charged in connection with other federal offenses, such as the use of explosives or firearms, the penalties can be even more severe. Federal sentencing guidelines also consider hate-based motivation as an aggravating factor.

How Are Federal Hate Crimes Being Prosecuted in 2025?

In recent months, three high-profile incidents have highlighted the federal government’s growing response to antisemitic violence:

Attack at a Jewish Event in Colorado

On May 26, 2025, federal charges were filed against a man who allegedly attacked attendees at a Jewish solidarity event in Colorado using a flamethrower and Molotov cocktails. According to the FBI, the man told investigators he had been planning the assault for over a year. At least 12 people were injured. He now faces multiple counts of attempted murder in state court — and a parallel federal hate crime indictment.

Fatal Shooting of Israeli Embassy Staff in Washington, D.C.

Just days earlier, two staffers from the Israeli Embassy were shot and killed outside the Capital Jewish Museum. The shooter has been charged with murder of foreign officials and first-degree murder in D.C. Superior Court. The U.S. Attorney’s Office and the FBI have confirmed they are investigating the attack as both a hate crime and a possible act of terrorism.

Arrest in New York for Alleged Repeat Violence Against Jewish Individuals

In another recent example, a New York City man was indicted in June 2025 on three federal hate crime charges for allegedly targeting and assaulting Jewish individuals at separate protests over a nine-month span. Prosecutors allege that the man deliberately targeted his victims based on their religion and cultural expression. The case is being prosecuted by the Southern District of New York and reflects the DOJ’s ongoing strategy to use federal hate crime laws against those who engage in antisemitic assaults in public settings.

Rise in Cross-State Threats and Online Antisemitic Incitement

Federal agencies also continue to monitor and charge individuals accused of issuing violent threats online. Several cases in early 2025 have involved anonymous social media users targeting synagogues, Jewish schools, and public gatherings. If threats are transmitted across state lines or involve plans for physical violence, they may qualify for federal hate crime charges or other offenses under 18 U.S.C. § 875 and related statutes.

These cases reflect a broader federal strategy of responding swiftly when acts of violence appear motivated by antisemitic bias, especially when those acts cause injury, death, or significant public fear.

What Role Does Intent Play in Federal Hate Crime Cases?

Federal prosecutors must prove that bias was a motivating factor; not necessarily the sole reason, but a substantial one. Evidence of antisemitic motivation might include:

• Statements made during or after the act

• Social media posts, manifestos, or affiliations with hate groups

• Prior conduct or surveillance suggesting targeted planning

• Symbolism used at the scene (e.g., antisemitic graffiti, slogans, or imagery)

The legal threshold can be met with circumstantial evidence, and once bias is alleged, prosecutors often seek to expand the case by connecting it to larger ideological or hate-based movements.

What Should You Do if You Are Accused of a Federal Hate Crime?

Federal hate crime investigations often begin quietly, with digital surveillance, interviews, or subpoenas before charges are filed. If you learn you are under investigation, do not speak to authorities without a lawyer. Early statements, even if well-meaning, can be misinterpreted and used against you later.

A federal criminal defense attorney can help you:

• Understand the charges and available defenses

• Challenge the government’s interpretation of motive

• Protect your rights during investigation and pretrial hearings

• Work toward dismissal, reduced charges, or acquittal

Federal cases are prosecuted aggressively, and a conviction can mean years in prison and permanent damage to your reputation, family, and career.

Contact a Chicago, IL Federal Criminal Defense Attorney

If you are facing federal hate crime charges related to alleged antisemitic conduct, you need immediate legal representation. Federal cases are complex and can be politically charged, and even being accused can have life-changing consequences. Contact a Chicago, IL federal criminal defense lawyer at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney by calling 312-629-0669 to schedule a free consultation.