Common College Student Criminal Charges and How to Address Them
College life in South Bend, Indiana, is a time of exploration, growth, and newfound independence, but it can also expose students to legal risks. In Indiana, college students often face criminal charges due to impulsive decisions, peer pressure, or a lack of awareness about the law.
These charges can have serious consequences, including fines, jail time, academic sanctions, and a permanent criminal record that impacts future opportunities. A defense attorney like me, Jay Lauer, Attorney at Law, can examine the most common criminal charges college students face in Indiana, how to address them legally, and practical steps to mitigate their impact below.
Common Criminal Charges Faced by Indiana College Students
College students in Indiana are particularly vulnerable to certain types of criminal charges due to their environment, social activities, and age. Below are the most prevalent student offenses and their legal implications under Indiana law.
Underage Drinking and Public Intoxication
Indiana has strict laws regarding alcohol consumption for individuals under 21. Minor in Possession (MIP) or Minor Consumption of Alcohol (Ind. Code § 7.1-5-7-7) is a common charge for students caught possessing or consuming alcohol. Penalties include:
A Class C misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
Possible suspension of a driver’s license for up to one year (Ind. Code § 9-30-13-3).
Public Intoxication (Ind. Code § 7.1-5-1-3) occurs when a person is visibly intoxicated in a public place and endangers themselves or others. This is also a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $1,000.
Some common defense strategies include:
Challenge evidence of possession or consumption: Argue that the alcohol wasn’t in the student’s control or that they didn’t consume it (e.g., holding a cup at a party doesn’t always prove consumption).
Diversion programs: Indiana offers pre-trial diversion programs for first-time offenders, allowing charges to be dismissed upon completion of community service, alcohol education, or other requirements.
Suppression of Evidence: If police obtained evidence through an illegal search (e.g., entering a dorm without consent or a warrant), a defense attorney may move to suppress it.
These strategies can significantly impact the outcome of a minor in possession case by challenging the prosecution’s evidence and, in some cases, leading to reduced charges or dismissal.
Drug-Related Offenses
Drug charges are common on college campuses, ranging from possession of marijuana to more serious offenses involving controlled substances like prescription drugs or cocaine. In Indiana:
Possession of marijuana (Ind. Code § 35-48-4-11) is a Class B misdemeanor for less than 30 grams, with penalties of up to 180 days in jail and a $1,000 fine. Larger amounts or intent to distribute elevate the charge to a felony.
Possession of a controlled substance (Ind. Code § 35-48-4-7), such as Adderall or Xanax, without a prescription, is typically a Level 6 felony, punishable by 6 months to 2.5 years in prison and fines up to $10,000.
Some common defense strategies include:
Unlawful search and seizure: Challenge the legality of the search that led to the discovery of drugs. For example, if police searched a student’s dorm room or car without probable cause or a warrant, the evidence may be inadmissible.
Lack of possession: Argue that the drugs belonged to someone else or weren’t in the student’s control (e.g., found in a shared living space).
First-time offender programs: Indiana’s Conditional Discharge Program (Ind. Code § 35-38-1-17) may allow dismissal of charges after probation or drug treatment for non-violent drug offenses.
These defenses, when effectively presented, can lead to reduced penalties, dismissal of charges, or alternative resolutions that minimize the long-term impact on a student’s record.
Driving Under the Influence (DUI/OWI)
Operating a Vehicle While Intoxicated (OWI) (Ind. Code § 9-30-5-2) is a serious charge for college students who drive after consuming alcohol or drugs. A first-time OWI with a blood alcohol concentration (BAC) of 0.08% or higher is a Class C misdemeanor, with penalties including:
Up to 60 days in jail and a $500 fine.
License suspension for up to one year.
For drivers under 21, Indiana’s Zero Tolerance Law (Ind. Code § 9-30-5-8.5) imposes stricter penalties for any detectable BAC (even below 0.08%).
Common defense strategies may include:
Challenge the traffic stop: If the officer lacked reasonable suspicion for the stop, evidence like breathalyzer results may be suppressed.
Question BAC testing: Breathalyzers or field sobriety tests can be inaccurate due to improper calibration or administration errors.
Plea bargaining: Negotiate for reduced charges, such as reckless driving, which carries fewer penalties and less stigma.
By leveraging these defense strategies, students facing OWI charges may reduce the severity of the consequences or avoid a conviction altogether, helping to protect their academic and professional futures.
Theft and Shoplifting
Theft (Ind. Code § 35-43-4-2) is common among students who shoplift from campus bookstores, grocery stores, or retail shops. Depending on the value of the stolen goods:
Theft of items valued under $750 is a Class A misdemeanor, with up to one year in jail and a $5,000 fine.
Higher-value theft or repeat offenses can escalate to a felony.
Some defense strategies include:
Lack of intent: Argue that the student didn’t intend to steal (e.g., forgetting to pay for an item).
Diversion agreements: Many Indiana counties offer diversion programs for first-time theft offenders, allowing charges to be dropped after restitution or community service.
Mistaken identity: If surveillance footage or witness testimony is unclear, the defense may argue misidentification.
When effectively used, these defenses can lead to reduced charges, participation in diversion programs, or even full dismissal, helping students avoid a permanent mark on their criminal record.
Assault and Battery
Fights or altercations at parties, bars, or dorms can lead to charges of Battery (Ind. Code § 35-42-2-1) or Disorderly Conduct (Ind. Code § 35-45-1-3).
Battery is typically a Class B misdemeanor (up to 180 days in jail and a $1,000 fine) but can escalate to a felony if serious injury occurs. Disorderly conduct is a Class B misdemeanor for disruptive behavior like fighting in public.
Some strategies for defense include:
Self-defense: Argue that the student acted to protect themselves from harm (Ind. Code § 35-41-3-2).
Lack of evidence: Challenge witness statements or video evidence if they are unreliable or incomplete.
Plea to lesser charges: Negotiate to reduce battery to disorderly conduct, which carries lighter penalties.
These defense strategies can help mitigate the legal consequences of assault-related charges, potentially resulting in reduced penalties, lesser charges, or even a full acquittal.
Vandalism and Criminal Mischief
Criminal Mischief (Ind. Code § 35-43-1-2) involves damaging property, such as graffiti on campus buildings or breaking dorm furniture. It is typically a Class B misdemeanor but can escalate based on the extent of damage.
Some strategies for defense include:
Lack of intent: Argue that the damage was accidental or caused by someone else.
Restitution: Offer to pay for damages to negotiate dismissal or reduced charges.
Diversion programs: First-time offenders may qualify for programs that avoid a conviction.
College students in Indiana commonly face criminal charges such as underage drinking, drug possession, DUI/OWI, theft, assault, and vandalism, but strategic defenses like challenging evidence, asserting self-defense, or utilizing diversion programs can mitigate penalties and potentially lead to dismissal of charges. Reach out to a defense attorney for assistance.
Legal Process for College Students Facing Charges
When a college student is charged with a crime in Indiana, the legal process typically follows these steps:
Arrest or citation: The student may be arrested, issued a summons, or given a citation to appear in court.
Arraignment: At the first court appearance, the student enters a plea (guilty, not guilty, or no contest). A not guilty plea is advisable to allow time to build a defense.
Discovery and pre-trial motions: The defense attorney gathers evidence and may file motions to suppress evidence or dismiss charges.
Plea bargaining: Many cases resolve through plea deals, where the student agrees to plead guilty to a lesser charge in exchange for reduced penalties.
Trial: If no plea agreement is reached, the case proceeds to trial, where a judge or jury determines guilt.
Sentencing: If convicted, the court imposes penalties, which may include fines, probation, community service, or jail time.
Appeals: If legal errors occurred, the student can appeal to a higher court, such as the Indiana Court of Appeals.
The legal process for college students facing criminal charges in Indiana involves a structured sequence of arrest or citation, arraignment, discovery, plea bargaining, trial, sentencing, and potential appeals, requiring careful management to achieve the best possible outcome.
Academic and Long-Term Consequences
Criminal charges can have consequences beyond the courtroom, especially for college students:
Academic sanctions: Universities in Indiana, such as Indiana University or Purdue, have codes of conduct that may impose suspensions, expulsions, or other penalties for criminal behavior, even off-campus.
Criminal record: A conviction can appear on background checks, affecting job prospects, graduate school applications, or professional licensing.
Financial aid: Certain convictions, especially drug-related, may lead to loss of federal financial aid under the Higher Education Act.
To mitigate these risks, students should:
Notify their university’s student conduct office and seek guidance from an advisor.
Request a sealing or expungement of records after completing penalties, if eligible (Ind. Code § 35-38-9).
Criminal charges can profoundly impact a college student's academic trajectory, future career opportunities, and financial aid eligibility, making proactive measures like notifying university officials and pursuing record sealing or expungement critical for mitigating long-term consequences.
Contact a Defense Attorney
College students in Indiana face unique legal risks due to their environment and age, with common charges including underage drinking, drug possession, OWI, theft, and assault. Addressing these charges requires a proactive defense, including hiring an attorney, exercising legal rights, and exploring diversion programs. Jay Lauer, Attorney at Law, can help you. As a defense attorney, I serve residents in South Bend, Granger, Mishawaka, and surrounding areas in Northern Indiana. Call me today.