The four defendants still face misdemeanor charges of hazing and reckless endangerment. Seven other fraternity members face charges of assault, hazing and reckless endangerment.
The 11 members of the Kappa Alpha Psi chapter at the University of Maryland, Eastern Shore, were charged this spring after five pledges were hospitalized.
At least two had surgery to remove infected flesh from their buttocks, police said.
At a preliminary hearing, Judge Robert Horsey said the pledges paid $500 to join the fraternity and remained members after the alleged hazing began, which legally indicates consent.
``I think they should have gotten smarter ... and gotten out,'' said Horsey, noting other pledges had left the fraternity.
The attorney for the four defendants, Jeffrey Woodard, said he will also win on the hazing charges, even though consent does not excuse hazing in Maryland.
``You can't consent to being beaten, and, at a later date, file charges,'' he said.
Prosecutor Kristy Melker had argued the assault charges were justified.
``They (the pledges) would hide in their dorm rooms so they wouldn't be beaten,'' she said. ``I don't think they can consent to these types of actions, these types of injuries.''
Police said the two victims, Dwayne Motley and Marcus Polk, were beaten daily from Feb. 8 to April 4, when they were hospitalized. Their parents contacted police after learning of their sons' conditions.
Of the seven who still face assault charges, two waived preliminary hearings, sending their cases directly to court, four have hearings set for next week and the last was being sought. His whereabouts was unknown.
First-degree assault carries a 25-year prison term. Hazing is punishable by up to six months in jail, reckless endangerment by up to five years.
PRINCESS ANNE, Md. (AP) -- A judge dismissed felony assault charges Thursday against four fraternity members accused of caning and paddling pledges every day for two months, ruling the pledges should have left.
