New York City, New York, criminal defense lawyer represented the Defendant charged with committing a hate crime, in violation of 18 USC 249.

Scott Schunzel, age 33, stabbed a black female victim (the “Victim”) with a knife because of her actual and perceived race and color while the Victim was standing next to a parked fruit truck. The Victim sustained a deep wound to her left hamstring and was transported via ambulance to a nearby hospital where she received stitches for her injury. Shortly after the assault, law enforcement searched SCHUNZEL’s residence and found writing and materials indicating his animus against Black people, including statements relating to killing and stabbing Black women. On or about the following day, June 19, 2024, SCHUNZEL fled to Florida. SCHUNZEL was thereafter arrested by FBI officers from the Miami field office.

18 U.S.C. § 249 is the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which makes it a federal crime to willfully cause—or attempt to cause—bodily injury to someone because of protected personal characteristics.

Prohibited Conduct and Protected Characteristics

• Race, Color, Religion, or National Origin: Covers violent acts or attempts using fire, firearms, dangerous weapons, or explosives motivated by these traits (authorized under the Thirteenth Amendment, requiring no proof of interstate commerce).

• Gender, Sexual Orientation, Gender Identity, or Disability: Covers violent acts motivated by these traits, provided the crime affects interstate commerce or occurs within federal special maritime and territorial jurisdiction (authorized under the Commerce Clause).

• Scope Limitation: The statute applies strictly to violent bodily injury or dangerous-weapon attempts and does not cover verbal threats or speech alone.

Penalties

• Standard Offense: Imprisonment for up to 10 years, a fine, or both.

• Severe Offense (Death, Kidnapping, or Sexual Abuse): Imprisonment for any term of years or for life, a fine, or both, if the act results in death or involves kidnapping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill.

Federal Support

• Grants and Assistance: The law provides federal grants and technical assistance to state, local, and tribal jurisdictions to help investigate and prosecute hate crimes.
You can read the full statutory text on the Cornell Law School Legal Information Institute or review the enforcement overview from the U.S. Department of Justice Civil Rights Division.

The Defendant elected to plead guilty and faces up to 10 years in prison.