Common Crimes for Freshman College Students in West Virginia Criminal Court
Starting college is an exciting and transformative time for freshmen in West Virginia, but it can also be a time of adjustment and, at times, poor decision-making. Unfortunately, for some students, the excitement of newfound freedom can lead to brushes with the law. Whether it's a momentary lapse in judgment or getting caught up in an unfortunate situation, a criminal charge can have serious consequences for college students, not only affecting their education but their future career prospects.
At Frank Walker Law, we understand the unique challenges faced by college students who find themselves facing criminal charges. In this blog post, we’ll discuss some of the most common crimes committed by freshman college students in West Virginia criminal courts, the potential consequences of these offenses, and how a skilled criminal defense attorney can help navigate these situations.
1. Underage Drinking
Underage drinking is one of the most common offenses among college students, especially freshmen who are adjusting to life away from home. In West Virginia, the legal drinking age is 21, and any student caught drinking alcohol under the legal age can face criminal charges.
The Law: Under West Virginia law, minors (those under 21) are prohibited from purchasing, possessing, or consuming alcohol. A violation can lead to charges of Underage Drinking or Minor in Possession (MIP) of alcohol.
Penalties: Penalties for underage drinking can range from fines to community service, and repeat offenses may lead to more severe consequences. Additionally, a conviction can create a criminal record, which may affect future job opportunities or eligibility for student loans.
What to Do: If you’re a college student facing underage drinking charges, it’s essential to contact an experienced criminal defense attorney. A lawyer can help negotiate alternatives such as diversion programs or expungement, which may reduce the long-term impact of the charge.
2. Drug Possession
Drug possession is another offense that often impacts college students, particularly those just starting out in their academic careers. Whether it's marijuana, prescription drugs, or harder substances, students may find themselves in legal trouble if caught with illegal drugs.
The Law: In West Virginia, possession of controlled substances is a criminal offense. The severity of the charge depends on the type and amount of drugs in possession. Possessing marijuana (even in small amounts) or any other illegal drug can lead to serious consequences, including felony charges.
Penalties: Drug possession charges can result in fines, probation, mandatory drug education, or even jail time, depending on the severity of the offense and the specific drugs involved. A felony conviction for drug possession can also carry lifelong consequences, including the loss of student loans or scholarships.
What to Do: If you’ve been charged with drug possession, it’s important to act quickly. An attorney can review the circumstances surrounding the search and arrest to determine whether the evidence against you was obtained lawfully. In some cases, challenging the evidence or seeking diversion programs may help reduce the charges.
3. Public Intoxication or Disorderly Conduct
Students, especially those new to campus life, sometimes find themselves in situations where they’re caught drinking or behaving in a disruptive manner in public. Public intoxication and disorderly conduct charges are common for students who are out at parties or social events.
The Law: West Virginia law prohibits being drunk in public or behaving in a way that disturbs the peace. Disorderly conduct can include acting aggressively, using offensive language, or engaging in violent behavior in public spaces.
Penalties: Penalties for public intoxication or disorderly conduct can include fines, community service, or a short-term jail sentence. In some cases, these charges can result in a criminal record that may complicate future job searches or graduate school applications.
What to Do: If you’re facing a public intoxication or disorderly conduct charge, it’s important to seek legal counsel. An experienced attorney can help determine if the charge is valid and explore opportunities for diversion or alternative sentencing.
4. Theft (Shoplifting and Larceny)
Shoplifting or theft is another common offense among college students, especially when it comes to making poor decisions in retail stores or on campus. Whether it’s stealing from a store or taking something from a roommate’s dorm, theft can have serious consequences.
The Law: Theft in West Virginia can range from petty larceny (theft of items valued under $1,000) to grand larceny (theft of property valued over $1,000). Shoplifting is one of the most common theft-related offenses among college students.
Penalties: If convicted of theft, students can face fines, restitution (paying back the stolen items), probation, or jail time. Grand larceny is a felony offense and can lead to years of imprisonment. A theft conviction can also harm a student’s reputation and affect their career opportunities.
What to Do: If you’re charged with theft, it’s important to understand the severity of the offense. A defense attorney may be able to help negotiate reduced charges, such as enrolling in a theft diversion program, or work to have the charges dismissed entirely if there’s insufficient evidence.
5. Assault or Battery
Freshman year can sometimes lead to confrontations, especially when dealing with the stress of academics or personal relationships. Fights or physical altercations on or off campus may result in assault or battery charges.
The Law: Assault occurs when someone intentionally causes harm or threatens harm to another person, while battery involves actual physical contact. Depending on the nature of the incident, these charges can range from simple assault (a misdemeanor) to aggravated assault (a felony).
Penalties: Penalties for assault or battery can include fines, jail time, probation, or anger management programs. Felony assault charges can lead to significant time behind bars and have lasting effects on a student’s future.
What to Do: If you’re facing an assault or battery charge, it’s essential to contact a criminal defense attorney as soon as possible. They can help assess the situation and determine whether self-defense or other defenses may be applicable.
6. DUI (Driving Under the Influence)
Many college students drive after drinking or using substances, and DUI charges are common, especially in a college town. Driving under the influence of alcohol or drugs in West Virginia is a serious offense, and even students under 21 can be arrested for driving with a BAC of 0.02% or higher.
The Law: In West Virginia, DUI penalties can include fines, license suspension, mandatory alcohol education programs, or even jail time. For students under 21, the penalties may be more severe due to the state's zero-tolerance law.
Penalties: A DUI conviction can result in significant consequences, including a criminal record, loss of driving privileges, and increased insurance rates. It can also affect your academic and social life.
What to Do: If you are arrested for DUI, seek legal counsel immediately. A skilled attorney can challenge the evidence against you, negotiate a reduced sentence, or help you explore diversion programs for first-time offenders.
How to Avoid Criminal Charges as a College Student
While it’s important to understand the common offenses that college students face, it’s equally crucial to take steps to avoid criminal charges altogether. Here are some tips to help keep you on the right path:
Be mindful of alcohol and drug consumption, especially in unfamiliar settings.
Always think before acting in potentially volatile or aggressive situations.
Learn about your rights and the laws in your area, including those related to driving, alcohol, and theft.
Reach out for help if you’re feeling overwhelmed by academic or social pressures—don’t resort to risky behaviors.
Get Legal Help if You’re Charged
If you’re a freshman college student facing criminal charges in West Virginia, it’s essential to seek legal representation as soon as possible. A skilled criminal defense attorney can help protect your rights, negotiate plea deals, and work toward minimizing the consequences of a criminal conviction.
At Frank Walker Law, we understand the unique challenges that college students face, and we’re here to help you navigate the criminal justice system. Call us today or schedule a free consultation online. Let us help you protect your future and get the best possible outcome in your case.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.