What is going on?! I feel for this guy!

[sanantone]

I hope she's charged with a hate crime.

forget that- this isn't snowflake politics, she needs to be charged with attempted murder!

There's no need to be throwing around the word "snowflake." It's never intended to be civil, and it's usually used out of ignorance. 

There seems to be a misunderstanding here of what it means to be charged with a hate crime. There are different levels of hate crimes based on the level of violence involved. A hate crime can also increase the penalty for a particular crime, and it allows the federal government to become involved. A person could get 10-20 years for a murder, but if it's enhanced by a hate crime charge, the person could get life or the death penalty. 

The main reason why Dylann Roof got the death penalty for the church shooting is because he committed a hate crime.

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my understanding is that the burden of proof on a hate crime is hard to prove, it's not worth getting this thrown out just to make a political statement. If the woman doing the hitting said "go back to Mexico" and this man was actually FROM Mexico, in my opinion, she didn't say anything wrong.  Attempted murder is cut and dry - assuming they can find these people, which they haven't yet been able to do.

National origin is a protected class. You can't attack someone because of their national origin. It doesn't matter if he's truly from Mexico or not. She thought he was from Mexico and mentioned it during the commission of her crime, so that's grounds for the prosecution to look into hate crime charges. As JSD said, juries can agree to convict on individual charges.

Attempted murder would actually be the hardest charge to prove in this. With a federal hate crime assault charge, she could get 10 years. If the prosecution is smart, they'll seek attempted murder and assault charges because, if the jury finds the defendant not guilty on the attempted murder charge, they can still find her guilty of aggravated assault.