Not only is student hazing a criminal offense in the state of Florida, but accused individuals could face felony charges and prison time. An accusation of hazing may also trigger a separate disciplinary process at the student’s university, which has its own rules and penalties.
If you are facing hazing allegations, a college student defense attorney can investigate the facts of the case to identify the best strategy to fight the prosecutor’s charges and minimize the legal consequences. An Orlando college student hazing lawyer at The Umansky Law Firm can also represent you in university disciplinary hearings, gathering evidence and witness testimony, and challenging any unfair procedures.
Florida’s hazing law, known as the Chad Meredith Act, broadly defines hazing as any action that recklessly or intentionally endangers the mental or physical health or safety of a student. This includes, but is not limited to:
Student hazing can result in criminal charges ranging from a first-degree misdemeanor if the hazing created a substantial risk of physical injury or death to the alleged victim, up to a third-degree felony for acts resulting in serious bodily injury or death. A first-degree misdemeanor conviction can result in up to one year in jail and a $1,000 fine. A third-degree felony carries legal punishments including up to five years in prison and a $5,000 fine.
In addition to criminal prosecution, students involved in hazing may also face expulsion or suspension from the institution, and loss of university privileges, such as using campus facilities. If you or your child are a college student facing hazing charges, it is crucial that you speak with an Orlando attorney about your defense options as soon as possible.
An Orlando attorney can identify the most strategic line of defense for student hazing charges. The right defense will depend on the unique details of your case. For example, your attorney might argue that the actions were not done with the intent to cause harm or that they did not recklessly endanger a student.
Another potential defense that could mitigate the charge is to demonstrate that the alleged actions did not create a substantial risk of physical injury or death, or did not result in serious bodily injury or death. In some cases, it may be possible to dispute whether the alleged activities truly meet the legal definition of hazing under state law.
For first-time offenders facing hazing charges, a lawyer may be able to negotiate entry into a pretrial diversion program. Successful completion can lead to the dismissal of the charges and help you avoid a criminal conviction. An attorney can also highlight mitigating factors to a prosecutor or disciplinary committee to seek reduced charges or penalties.
While criminal cases require proof beyond a reasonable doubt, school disciplinary actions require proof by a preponderance of the evidence. A defense attorney can challenge cases brought both by the prosecutor’s office and the university, coordinate defense strategies for both venues, and fight to protect the student from a criminal record and academic penalties.
A skilled Orlando attorney can handle every step of your college hazing case, including arguing for dismissal of the charges or negotiating for a favorable plea deal. We can advise you on how to best defend yourself, and fight tirelessly to protect your future from the severe academic and professional repercussions of a criminal charge.
Contact The Umansky Law Firm today to request your free case consultation.
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