When most people hear the word hazing, they picture college pranks or team initiations gone too far. But in California, hazing isn’t just a disciplinary issue—it can be a serious criminal offense with lifelong consequences. If you're accused of hazing in connection with a fraternity, sorority, sports team, or student group, it's not just your reputation or education at risk. You could be facing jail time, a criminal record, and long-term damage to your future.
At Law Office of Michael L. Fell, we’ve helped students, athletes, and young adults throughout Southern California fight back against hazing charges. These cases often involve complex group dynamics, unclear consent, and heightened emotions. That’s why building a solid legal strategy from the very beginning is so important.
What Exactly Is Considered “Hazing” Under California Law?
Under California Penal Code § 245.6, hazing is defined as any method of initiation or pre-initiation into a student organization that is likely to cause serious bodily injury to a student. Importantly, it doesn’t matter whether the student consented to the activity. If the action could cause harm, it may be considered illegal hazing.
This law specifically applies to:
- Public and private colleges
- Universities
- Student organizations (like fraternities, sororities, and clubs)
Activities that could lead to hazing charges include:
- Physical beatings or forced exercise
- Sleep deprivation
- Forced consumption of alcohol or drugs
- Public humiliation
- Exposure to dangerous environments (e.g., being abandoned in remote areas)
If someone is seriously injured—or worse—the consequences go from a misdemeanor to a felony, potentially resulting in years in prison.
Misdemeanor vs. Felony Hazing: Know the Difference
Not all hazing accusations are treated the same under California law. Here’s how the charges break down:
- Misdemeanor hazing: Involves conduct likely to cause serious injury, but no actual injury occurred. Penalties may include up to one year in jail and a fine of up to $5,000.
- Felony hazing: When hazing results in actual serious bodily injury or death. This can carry multiple years in state prison and a permanent criminal record.
Prosecutors often choose the charge based on medical reports, witness statements, and the nature of the act involved. Even if you didn’t directly participate, encouraging or failing to stop the act could be enough to bring charges against you.
Common Defense Strategies in Hazing Cases
If you're facing hazing allegations, the good news is there are defenses available, depending on the facts of the case. An experienced criminal defense attorney can help build your case around:
- Lack of intent: If there was no plan or purpose to cause harm, the act may not meet the legal definition of hazing.
- No risk of serious injury: Not all questionable behavior qualifies as hazing. The law requires that the act be likely to cause serious bodily harm.
- False accusations or mistaken identity: Group settings can make it hard to tell who did what. Eyewitnesses may be unreliable or biased.
- Consent is not a defense, but it can affect how a judge or jury views the overall situation—especially if peer pressure or groupthink played a role.
These cases often require early intervention. The sooner your attorney can gather evidence—texts, videos, statements—the stronger your defense will be.
Don’t Let a Mistake Define Your Future
For many clients we represent, hazing charges come at a time when they’re just starting their adult lives—college students, first-time offenders, and young professionals. The consequences can be devastating, especially if handled without the right legal approach.
At Law Office of Michael L. Fell, we know how to challenge hazing allegations, negotiate reduced charges, and, where possible, pursue diversion or dismissal. If you're facing an investigation or formal charges, call Law Office of Michael L. Fell at (949) 585-9055. We’ll help you protect your record, your rights, and your future.