PC 245.6: Hazing

Legal Definition:  (a) It shall be unlawful to engage in hazing, as defined in this section.

(b) “Hazing” means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events.

To be found guilty under PC 245.6, the prosecution must prove that:

1. You were involved in an activity that was part of an initiation into a student body or student organization;
2. You knew or reasonably should have known that the activity was likely to cause serious bodily injury

3. The activity was not part of any kind of customary school-sanctioned event or athletic event.

What does this mean?

It is important to note that a charge of causing great bodily injury does not require actual harm or suffering to the victim. Rather, it suffices to demonstrate that the activities engaged in were likely to result in serious bodily injury. Examples of serious bodily injury include concussions, loss of consciousness, and disfigurement. Additionally, it is worth mentioning that the definition of “students” is not limited solely to current students, but also encompasses prospective and former students.

Furthermore, the scope of what is considered a “school” under this provision is broad. In California, this encompasses the customary understanding of a school, as well as community colleges, universities, colleges, and any other educational institutions. It is crucial to understand that despite the prevalence of hazing in mainstream movies, engaging in such activities can constitute a criminal offense in California, depending on the nature of the actions.

As experienced legal professionals, it is our duty to inform you of the gravity of such charges. It is essential to consult with a trusted attorney for personalized guidance and assistance tailored to your specific circumstances.

Penalties

A conviction under PC 245.6 is a wobbler offense, meaning you can be charged under this section as a misdemeanor or as a felony offense. Whether you are charged with a misdemeanor or a felony charge, depends on the specific facts of your case, your criminal history, your level of involvement in the hazing, and whether your hazing resulted in serious bodily injury. If you are convicted of this violation as a misdemeanor, you could serve up to one year in County Jail. You would be required to serve 50% of that time in custody. You could also be subject to fines from upwards of $100 to $5000 as well. If you are convicted under this section as a felony, you could be sentenced to upwards of 16 months, 2 or 3 years in State Prison. You would have to serve 50% of that time in custody.

You can also be subject to an additional, civil lawsuit by the victims after your criminal case. This could mean severe additional fines, involving actual damages suffered, emotional distress, which could include therapy.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. If you are convicted of this charge as a felony, you could face a potential loss of your temporary Immigration status or loss of your Professional License.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence

You can defend against this charge easily if you are able to show that what you were doing did not amount to the level of “hazing” as defined above. Also, if there is no risk of serious bodily harm, you could also argue for a reduction of your charges from a felony to a misdemeanor during your Preliminary Hearing under PC 17(b). Failing to show that you were not hazing another person, would show there is insufficient evidence to prove you guilty of PC 245.6.

An experienced and highly skilled Criminal Defense Attorney understands that false accusations can occur more frequently in the realm of Criminal Law than commonly perceived. Even when it comes to hazing incidents, where you may find yourself wrongfully blamed by others, your innocence can be fiercely advocated. Consider a hypothetical scenario where you are part of a Fraternity involved in hazing activities. Unbeknownst to you, you explicitly discourage such behavior and even caution your fraternity members against it. Unfortunately, while you are away, your fellow brothers proceed with the hazing, deliberately keeping you uninformed. As a result, your lack of knowledge absolves you from any guilt associated with the hazing. However, someone might wrongly assert your presence at the scene or accuse you of orchestrating the event, subjecting you to charges. Yet, with the guidance of an experienced Criminal Defense Attorney, you can confidently rebut these false allegations and ultimately seek the dismissal of your entire case. Rest assured, with their wealth of expertise, authority, and trustworthiness, a competent attorney will fiercely defend your rights and safeguard your reputation.

Call Today

Navigating the academic landscape is challenging enough without the added burden of facing a criminal charge, especially one as serious as hazing under PC 245.6. Such charges can significantly mar a student’s record, affecting not just their current academic standing but their future prospects as well. In these situations, the caliber of your legal defense is paramount, potentially altering the outcome and safeguarding your future.

At Inland Empire Defense, our Ontario-based PC 245.6 attorney brings specialized expertise to defending against hazing-related offenses. Leveraging our extensive experience, we’re committed to providing a defense strategy that’s not only vigorous but also keenly attuned to the complexities and sensitivities involved in student-related charges.

Why Choose Inland Empire Defense for Hazing Charges?

• Focused Expertise: Our attorney’s specialized focus on PC 245.6 cases ensures that your defense benefits from an in-depth understanding of hazing laws and a strategic approach tailored to student-related legal challenges.
• Proven Defense Strategies: With a wealth of experience in defending against hazing charges, we bring proven tactics and insights to your case, aiming to minimize the impact on your academic and future career opportunities.
• Understanding of Student Challenges: Recognizing the unique pressures and stakes involved, we’re dedicated to not just defending your legal rights but also to preserving your academic integrity and future potential.

Start Your Defense with Inland Empire Defense

The repercussions of a hazing charge under PC 245.6 call for immediate and strategic legal action. Inland Empire Defense, located in Ontario, is poised to offer the specialized legal support necessary to confront these charges effectively.

Contact Inland Empire Defense Today

If you’re dealing with a hazing charge under PC 245.6, don’t face it alone. Reach out to Inland Empire Defense at 909-939-7126 to secure legal representation that understands both the legal implications and the personal consequences of student-related offenses. Our Ontario-based team is here to ensure that your future remains as promising as it should be, providing the expert guidance and robust defense you need during this critical time.