Hazing is often viewed as part of an initiation ritual in college organizations, clubs, and sports. However, these practices can also lead to significant physical harm to a victim. While more colleges are cracking down on hazing, punishment for these offenses isn’t only limited to a school disciplinary board. Hazing is a serious crime in New York — and if you’ve been accused of this offense, it’s essential to have an experienced criminal defense attorney to fight the charges against you.

What are New York’s Hazing Laws?

Hazing is expressly prohibited under New York law, and there are a wide range of actions that this crime can cover. Specifically, under the New York Penal Law, there are two degrees of hazing, based on the severity of the crime. These include the following:

• Hazing in the first degree — This is the most serious hazing offense and is classified as a Class A misdemeanor. A defendant can be convicted of this crime if it is found they intentionally or recklessly engaged in conduct that included making physical contact with, or requiring the physical activity of another, creating a substantial risk of physical injury to such person or a third person. The conduct must also have caused a physical injury.
• Hazing in the second degree — Hazing in the second degree is considered a less serious offense under the New York Penal law and is charged as a violation. A person can be found guilty of this crime when they intentionally or recklessly engage in conduct that included making physical contact with, or requiring the physical activity of another, creating a substantial risk of physical injury to that person or a third person. A person can be charged with this offense even if they did not actually cause someone to get hurt.

Punishment for the crime of hazing depends upon the severity of the offense. For hazing in the second degree, a defendant may incur a monetary fine and be required to complete community service. A conviction of hazing in the first degree can result in up to a year in jail, probation, and monetary fines. While the penalties may not be as severe as other crimes, being found guilty of hazing can still lead to a criminal record. A defendant may also have difficulty finding employment or housing — and face other collateral consequences.

What are Some Possible Defenses to the Crime of Hazing?

There are several viable defenses a skillful attorney may be able to raise when it comes to a hazing charge. Critically, in order for a defendant to be convicted of hazing, the prosecution must show that the victim suffered a physical injury. Under the New York Penal Law, a physical injury is defined as one that causes physical impairment or substantial physical pain. If the injuries are minor and do not rise to this level, the prosecution will be unable to meet this necessary element of the crime.

Other defenses that may come into play center around the questions of whether the hazing activity was inherently dangerous — and whether the conduct was the actual cause of the injury. Importantly, every case is unique, and each defense must be tailored to the facts. It’s crucial to have the representation of an experienced criminal defense attorney who can create an effective strategy to fight the charges against you.

Contact an Experienced New York Criminal Defense Attorney

If you’ve been accused of hazing in the first or second degree, it’s vital to have a criminal defense attorney by your side to ensure your rights are protected. The attorneys at D’Emilia Law offer relentless representation and adept advocacy for those facing hazing charges, and they work to secure the best possible results in each case. To schedule a consultation, contact us at 1-888-DEMILIA.