Being accused of hazing as a Temple University student can have profound implications for your future. If you're found guilty of hazing, you may face both criminal penalties and penalties that can affect your status as a student.
Protect your freedom and your future by enlisting the help of attorneys familiar with Pennsylvania's anti-hazing laws. At the LLF Law Firm, our Criminal Defense Team has the experience necessary to defend a Temple University student facing criminal charges due to alleged hazing.
Our team also has experience addressing student discipline defense matters, which could help a student guard against the academic consequences of hazing accusations. Learn more about what our firm can do for you or your child by submitting your information via our online contact form today or calling our offices at 888-535-3686.
What Constitutes Hazing in Pennsylvania?
Pennsylvania law establishes certain standards and criteria to determine whether an act constitutes hazing. First, for hazing to occur, those who participate in an act must do so:
- Intentionally,
- Knowingly, OR
- Recklessly
The purpose of the act must be to:
- Initiate,
- Admit, OR
- Affiliate a minor or student with/into an organization
Hazing may also occur if the purpose is to maintain a minor or student's membership in an organization. If the above criteria are met, hazing occurs when a student is forced to do any of the following:
- ● Breaking a state criminal law or federal criminal law
- Consume food, beverages, drugs, or any other substances in such a manner that a student is at risk of emotional or physical harm
- Endure physical brutality (such as whipping, branding, etc.)
- Endure mental brutality (such as sleep deprivation, social isolation, or other activities that could adversely affect their mental health)
- Endure sexual brutality
- Endure any other activity that is reasonably likely to cause bodily injury
Remember, particularly in a criminal hazing case, the burden of proof is on the prosecution. They must prove beyond a reasonable doubt that the activities a student accused of hazing engaged in fulfill the above criteria. Showing that the prosecution has failed to meet the burden of proof is just one way our LLF Law Firm Criminal Defense Team may defend a Temple University student accused of hazing.
Potential Criminal Penalties in a Temple University Hazing Case
The criminal penalties a Temple University student may face if they're charged with hazing can vary depending on several factors. Per the law, hazing is usually a summary offense in Pennsylvania. This is the lowest level of crime in Pennsylvania.
Penalties for a summary offense depend on the severity of the offense. The maximum penalty for a summary offense in Pennsylvania is:
- Up to 90 days in jail
- A fine of up to $300
However, the law treats hazing as a misdemeanor of the third degree if it results in bodily injury to a student or results in a strong likelihood of bodily injury occurring. The third-degree misdemeanor penalties someone may face for hazing in these circumstances are:
- Imprisonment of up to one year
- A fine of up to $2,500
Some hazing convictions result in minor fines (although this doesn't include the potential academic penalties a student may face). Others can lead to imprisonment. With such a wide range of potential outcomes, a Temple University student accused of hazing benefits from the assistance of legal professionals who understand the various factors that can influence how a case plays out.
Aggravated Hazing in Pennsylvania Can Result in More Significant Penalties
Aggravated hazing in Pennsylvania occurs when someone violates the hazing law in a manner that causes serious bodily injury to or death of a victim if either of the following also apply:
- The person who allegedly engaged in hazing demonstrated reckless indifference to a victim's health and safety, OR
- The person who allegedly engaged in hazing caused, coerced, or forced a victim to consume alcohol and/or drugs.
Aggravated hazing constitutes a felony of the third degree in Pennsylvania. The penalties a Temple University student may face for aggravated hazing include:
- A fine of up to $15,000
- Up to seven years in prison
A proper criminal defense is vital no matter what specific hazing law you're accused of violating. Our LLF Law Firm Criminal Defense Team is qualified to handle both hazing and aggravated hazing cases.
Organizational Hazing in Pennsylvania: Valuable Information for Temple University Students
Organizational hazing occurs when an organization (such as a fraternity) violates or attempts to violate the hazing or aggravated hazing laws covered above. An organization accused of this crime may face the following penalties:
- A fine of up to $5,000 for every violation of the hazing law
- A fine of up to $15,000 for every violation of the aggravated hazing law
The law also states that an organization that violates this law “shall be subject to such other relief as the court deems equitable.” As such, the above may not represent all the penalties an organization can face for alleged organizational hazing.
Whether you're an individual or a member of an organization, if you have questions about the penalties you might face for an alleged hazing violation at Temple University, members of our LLF Law Firm Criminal Defense Team would be happy to answer your questions during a case review.
Potential Defense Strategies in Temple University Hazing Cases
At the LLF Law Firm Criminal Defense Team, we know every case is unique. That's why we tailor our approach to the specific details of every case.
The ideal defense strategy when you've been accused of hazing at Temple University will depend on such factors as the nature of the alleged hazing, whether there were other alleged participants, and more. Generally, though, the following are common defenses we might employ in a case like yours:
- Citing limitations: Pennsylvania's hazing law indicates there are limitations to the statute. The law states hazing doesn't “include reasonable and customary athletic, law enforcement or military training, contests, competitions or events.” We may defend a student accused of hazing by citing one of these limitations and demonstrating how it applies to a case.
- Potential misidentification: There are many ways a student may be falsely accused of hazing. Sometimes, an alleged victim falsely accuses another student who they know didn't engage in hazing. They may do so if they have a grudge against that student for some reason. In other cases, a student might misidentify those who participated in hazing rituals. This could happen simply because a student doesn't properly recognize the individuals who participated in an act of hazing. Or, a student may have seen someone at a social event where hazing occurred and falsely concluded that this student was participating in said hazing. If a client of ours has been accused of participating in a hazing ritual they didn't actually participate in, we'll work to show this.
- A student was a victim: This is another defense that involves suggesting a student was misidentified. Because hazing rituals can occur in social settings where many people may be in attendance, it can sometimes be difficult to properly determine the role various individuals are or aren't playing in a hazing ritual. Sometimes, students may be accused of participating in hazing rituals when they are, in fact, victims of hazing.
- Pre-existing conditions: A student who allegedly sustained an injury during a hazing ritual may not have sustained said injury as a result of hazing. For example, they may have had a pre-existing injury or condition that accounts for the supposed injury. We can cite such factors to show how an alleged hazing ritual didn't cause the type of harm that others may be attributing to it.
- Non-participation: A student who witnessed a hazing ritual might not have participated. We can work to show that the prosecution has failed to provide sufficient evidence indicating a student who witnessed hazing participated in it directly.
- Hazing was staged: Although these cases are rare, in the digital age, it's not entirely unheard of for students to stage and film incidents that resemble hazing. If the evidence against a student consists of photographs or videos of an incident that was actually staged, we can help show this to be the case.
We may also challenge the case against a client by arguing that the alleged hazing isn't as severe as it's being characterized. For example, it could be shown that an alleged act of hazing didn't result in mental or physical harm, a factor that can significantly influence the penalties a student might otherwise face.
Contact the LLF Law Firm to Help When a Temple University Student Is Accused of Hazing
Temple University is among the most prestigious educational institutions in the Commonwealth. You worked hard to become a student here. If you complete your schooling without incident, you'll have a degree that could pave the way for a bright future.
Don't let accusations of hazing derail your plans. Remember, hazing is a serious matter, as an accusation could leave you facing criminal and academic/student penalties.
Our LLF Law Firm Criminal Defense Team is here to offer dedicated representation during what may be a stressful time. Let us get started working on your case sooner rather than later by calling our offices at 888-535-3686 or submitting your information through our online form.
