(ASHEVILLE) -- Many people consider an attack on someone because they are gay or believed to be gay - a hate crime. North Carolina, however, does not consider enhanced penalties for crimes based on sexual orientation.

An assault on a man outside a grocery store in Asheville on July 14 will be reported to the state as a hate crime because the attacker made comment indicating that he thought the man was gay. But hate crime charges are not being filed against the alleged attacker.

Asheville Police Lieutenant Wally Welch said the state's statutes only allow for a hate crime charge when ethnicity is the reason for an attack, not sexual orientation. "Ethnic intimidation involves assaulting another person or damaging another person's property because of their race or color or religion or nationality.  It doe not list sexual orientation," said Welch.

The victim, Luke Hankins of Asheville suffered several facial fractures in the attack.  Police said the attacker communicated anti-gay slurs toward Hankins.  Hankins said he is not gay.

Lamon Hopkins was arrested on Tuesday.  Police charged him with felony assault inflicting serious injury in connect with last Thursday's incident.  Hopkins was released on bail.

Thanks to: WWNC