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New York Penal Code 120.16: Hazing in the first degree

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.

Example
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.

Related offenses
1. First-degree reckless endangerment: New York Penal Code 120:25
2. Second-degree reckless endangerment: New York Penal Code 120:20

George FernandezGeorge Fernandez
14:16 30 Apr 24
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RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
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Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
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20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Defenses
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.

Sentence
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.

New York Penal Code 120.17: Hazing in the second degree

Hazing is a dangerous activity that’s widely used by not only gangs but schools, clubs, and groups as a form of initiation for new members. It’s dangerous, and it’s often deadly to those who engage in this type of behavior. Hazing in the second degree is not a criminal offense or a felony, but it is against the law. Those who are found guilty of hazing are sentenced to up to 15 days in jail for their actions. New York law requires all nyc criminal attorneys find proof that the person accused of being involved in hazing did not intentionally cause harm or put someone in harm’s way to find them innocent.

Hazing in the second degree is any act that intentionally increases the risk of or creates the risk of serious physical injury to another person. It is commonly found in gang initiations, sports, and even fraternities or sororities. It’s very much illegal, but it must be proven that the person involved in the act was intentionally put in the way of harm and the risk of physical injury before they are found guilty. Hazing in the first degree is a different situation, and it’s not one that is considered when a second degree crime is committed.

Examples of Hazing in the Second Degree

What makes this crime difficult to understand completely is the complexity of defining danger. There is no law that states a person must be physically injured to be a victim of hazing. As long as there was a risk of being injured and someone else is responsible for placing someone in that place of danger, there is a chance they committed this crime. One example would be when a football player decides to initiate a new player by taking him to the local railroad track with a blindfold on his eyes.

The football player might not have any intention of allowing the new player to become injured at all. He only wants to put him blindfolded on the tracks as a scare tactic. He will leave him there long enough to hear a train coming and feel the tracks begin to move before taking him off long before the train arrives. The new player was not injured or hurt in the incident, but the potential for serious harm or even death if he’d been a moment too late or gotten stuck on the tracks is imminent. The player who put him on the tracks will be charged with hazing in the second degree for putting this other young man’s life on the line.

Defenses

There are many defenses you can use in a situation like this, and a NYC criminal attorney can help you get through the charges if you can prove no real danger was caused to the person who is accusing you of hazing. To use the above example, if the football player put the new player on tracks he knew were closed down and unable to support a train, he did not put the player in danger at all.

Another example of a good defense is using a fake weapon to scare someone new on a team or in a club. The weapon might scare them and make them feel as if their life is in danger, but it cannot cause harm. This means it cannot be used as a way of harming anyone, and the person who used it will not be charged with hazing in the second degree. While reckless and unintelligent, there is no way this is dangerous. There will be no charges brought against anyone in this situation.

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