Hazing is a crime associated with college sports teams, sororities, and fraternities. However, this crime can occur with the high school student organizations and any other non-academic agencies such as the street gangs. For you to be inducted as a member of that group you must endure some humiliation, degradation, abuse, ritual, or harmful activity. In some cases, these activities may result in serious injuries or death of the hazed person. Under the New York Penal Code 120:16, you can face serious prosecution if you do anything that recklessly creates a risk to cause a serious injury or anything intentional to make them lose their lives. First-degree hazing is a misdemeanor.
A person can be said to be guilty of the first-degree hazing when he intentionally causes physical injuries to a person who is being initiated by an organization.
A man was very eager to join a gang. During that time, you must do something for you to gain membership in the gang. For this reason, the gang members told him to be jumped in to be a member. Five gang members beat up the man as a result of jumping. The man suffered broken rubs and several bruises all over the body. The police attained the video. Anyone who beat up the man, as well as the videographer, could all be prosecuted for first-degree hazing since their intentional and reckless action caused the physical injury.
1. First-degree reckless endangerment: New York Penal Code 120:25
2. Second-degree reckless endangerment: New York Penal Code 120:20
For you to be convicted of the first-degree hazing offense, the prosecutor must provide the necessary evidence that the person suffered great physical injury. Physical injury, as defined in the New York Penal Code, is an injury that causes substantial pain and results in physical impairment. If you have a minor injury that requires a mere bandage, then such an injury does not fit to justify the legal implications of charges.
Because the first-degree hazing is a Class A misdemeanor, you are required to face a one-year jail term at a county-level correctional facility if convicted. It is also possible that you may face a three-year jail probation sentence from the judge. Also, you will be required to pay a fine of more than $1,000 by the judge.
New York Penal Code 120.16: Hazing in the first degree
A person will be considered as guilty for the first-degree hazing offense when:
1. In the course of another person’s affiliation or initiation with an organization or group, he recklessly or intentionally engages in conduct that creates substantial risk of death or physical injury to a third person or another person. For this reason, you must have inflicted the physical injury to the person or any other third person.
The NYC Criminal Attorneys Law Firm
For most people, they might think that hazing is part of these less serious crimes committed. However, this is a criminal offense and can attract a great deal of punishment concerning the jail term. For this reason, you must think out of the box and get your fate determined through the help of an experienced legal representative. A first-degree hazing can attract a jail term of not less than one year being a misdemeanor conviction. The staff at NYC Criminal Attorneys Law Firm has one of the most experienced legal representatives, who have represented their clients in numerous New York criminal court cases concerning firs-degree assault, rape, stalking, reckless endangerment, menacing, and child endangerment. You can contact us to schedule a free consultation session with our team of experienced legal representatives in New York.