As a parent, knowing that your child may face an administrative hearing or criminal prosecution can put you under a lot of stress. After all, their future is at stake. However, you and your son or daughter don’t have to go through this challenging time alone.
Our criminal defense lawyers can help Stockton University students accused of committing a crime. To learn more about your case in a free, confidential consultation, call the law offices of John J. Zarych today at (609) 641-2266.
How Can a Criminal Defense Lawyer Help?
Your college years are probably the most important in terms of deciding your future. All your efforts, dreams, and aspirations could be jeopardized if you are charged with a crime at your university. Whether you have been accused of breaking school rules or charged with a crime, you may lose your chances of obtaining your diploma.
Depending on the circumstances surrounding your case, you may also face criminal prosecution, severe penalties, and hefty fines. Furthermore, if found guilty of the crimes against you, your conviction will remain in your background forever. This can hurt your chances of graduating from college, finding a job, or finding a place to live.
However, there may be ways you can defend yourself against your charges. A skilled criminal defense lawyer can help you fight your charges. Retaining the services of a lawyer with the experience, skill, and knowledge of criminal law can help you protect your future. If you are accused or charged with misconduct or a felony in college, you will likely face an administrative hearing or criminal prosecution.
These proceedings can be overwhelming for those who have never been involved in a criminal procedure before. Our criminal defense lawyers have many years of experience defending and upholding the rights of college students who have been accused of committing a crime. We can help you by upholding your Constitutional rights and ensuring you get a fair hearing or trial.
College crimes happen every day in the United States. While there are many reasons why a student may be accused of committing a crime on campus, some types of crimes are more prevalent than others. Typical examples of college crimes include:
Underage Drinking
“Underage” in New Jersey, as in most states, means under 21 when it comes to alcohol. Even though you may be a legal adult for nearly every other purpose, the law still restricts people under 21 from buying or consuming alcohol.
N.J.S.A. § 2C:33-15 makes it an offense to purchase, possess, or consume alcohol while you are in a public place. More specifically, the statute lists the following public places where consumption or possession of alcohol is illegal:
- Schools
- A “public conveyance”
- A “public place or place of public assembly”
- A car or other vehicle
If you are an on-campus student, you are always at “school.” Stockton University’s alcohol policy specifically prohibits alcohol in “dry” dorms that are primarily used for underage students. Although other dorms and apartments on campus do permit possession and consumption of alcohol, the University only allows it if all of the residents are 21 or over.
Since the prohibition on underage drinking only affects people at school or people in public places, it is not technically illegal to drink alcohol in your own home with your parents’ permission. However, you must still follow local ordinances in your town or municipality, which may be more strict than the statewide underage drinking laws. Check with an attorney for help determining your legal rights and restrictions.
Because Stockton University has its own alcohol policy, it is possible that University staff or your RA could refer your case to police if you are caught with alcohol in your possession on campus. The University might also take its own disciplinary measures against you for violating their alcohol policy, and you could face academic disciplinary proceedings. Our lawyers can also help you with these hearings.
Penalties for Underage Drinking at a University
Underage drinking is a “disorderly persons offense.” This is not technically a “crime,” but the underage drinking statute is listed within the New Jersey Code of Criminal Justice and is considered a criminal type of offense. This means that you can be arrested and sent to jail if you are caught drinking underage. Your case will be handled at a criminal courthouse along with other criminal cases, and you may face jail time and fines as a penalty. Because of this, it is vital to take these charges seriously and consider hiring an attorney to handle your case for you.
If you are convicted of underage drinking in New Jersey, you could face jail time, fines, and other penalties. For the court to convict you of underage drinking, they must first prove you committed the offense beyond a reasonable doubt. Alternatively, you may plead guilty to the offense as part of a plea deal which could include reduced penalties. However, you should never accept a plea deal without consulting with a lawyer to learn more about the effects of pleading guilty.
Underage drinking carries a maximum of 6 months in jail and fines up to $1,000. Even though jail time is technically a possibility, it is exceedingly rare that a judge would order any jail time for a charge like underage drinking. However, the fines may still be quite high. Underage drinking has a maximum fine of $1,000, but it also has a statutory minimum fine of $500, making these charges somewhat more severe than other offenses.
Underage drinking can also result in a driver’s license suspension. Even if you were not drinking and driving, the court can still punish your underage drinking offense by taking away your privilege to drive in New Jersey. If your license is from another state, the State of New Jersey can only suspend your privilege to drive in New Jersey. However, your home state might also suspend your license according to its own rules or interstate drivers’ license agreements.
This license suspension lasts for 6 months. If you rely on your driver’s license to commute to campus or work, this can negatively affect your education or employment. New Jersey does not offer hardship licenses to give you limited access to your car, and driving on a suspended license is a serious driving offense that can carry fines and increased suspension terms.
DUI/DWI
Frequently, the college experience is closely linked to alcohol. As many people may know, most college parties and social events involve the use of alcohol. As a result of the party/alcohol combination, a student may be charged with things like reckless behavior, DUI (driving under the influence), reckless driving, and other charges. Being charged with a DUI/DWI while in college can complicate your life. If you are criminally charged for an alcohol-related issue, our skilled, knowledgeable lawyers may be able to help you.
Drug-Related Charges
Drug-related charges are extremely serious. If found guilty of drug charges, not only could you be expelled from your college, but you may also face criminal charges and spend time in jail. You need to take immediate action if you are charged with this severe type of crime. Make sure to retain the services of an experienced criminal defense lawyer who can guide you through a potential criminal prosecution.
Rape
A person who is accused of and convicted for rape will likely face severe consequences. Rape is a considered a second-degree felony, which can be punishable with up to 10 years in prison and up to $15,000 in fines. If there are aggravating factors, the defendant can face up to 20 years in prison and up to $200,000 in fines. These are some of the potential outcomes of a rape case taking place on campus. In addition to these severe consequences, you may be required to register as a sex offender, which can make your overall life extremely difficult.
If you are ever accused of rape in college, you will likely face an uphill battle against school administrators and your peers. Different from the traditional court of law proceedings, a campus rape case is handled via the administrative process. When you enter into this process, you are automatically presumed guilty. This means you will need to prove your innocence to prevail. Unlike traditional adversarial proceedings, in a campus rape case, you may not have the right to cross-examine your accuser or appeal an unfavorable determination.
Even more astonishing, your silence may be used as grounds for expelling you. However, if you talk and respond to the administration’s questions, that information may be relayed to the authorities, rendering you defenseless and placing you at the mercy of the authorities in a formal criminal procedure.
Assault
The crime of “assault” is broken down into two types: simple assault and aggravated assault. “Simple” assault is named as such because the crime consists of a simple illegal action: hitting someone. If you punch, kick, or otherwise strike someone without using a weapon, you can be arrested for simple assault under N.J.S.A. § 2C:12-1. More specifically, the crime includes “attempts” to hit someone else, so you may even be arrested for simple assault even if you missed your target.
Alternatively, you can also be arrested for simple assault if you “negligently” cause injury with a deadly weapon, e.g., by mishandling a gun or knife. You can also be arrested for using “physical menace” to make someone think you are going to hit them. This could include acts like cocking a fist back or aggressively moving toward someone without the intent to actually hit them.
Aggravated assault is a much more serious offense. This includes striking someone or otherwise attacking them and causing “serious bodily injury.” It can also include attacks that seriously threaten someone’s life – essentially what could be considered “attempted murder.”
Aggravated assault also includes harm caused by deadly weapons. Rather than the “negligent” harm for simple assault, the harm must be purposeful or reckless. Like assault by “physical menace,” you can also be arrested for aggravated assault if you point a gun at someone without showing value for human life. Even if you think the gun was unloaded, the act of pointing a deadly weapon at someone is enough to count as aggravated assault.
It also counts as aggravated assault to harm someone with explosives, to harm someone while fleeing police, or to injure people under some other circumstances.
Lastly, simple assault can be upgraded to aggravated assault if you strike at certain individuals. These protected classes of people generally include police, firefighters, EMTs, and other emergency responders, plus school employees and teachers, judges, public transit drivers, prison workers, healthcare workers, and some other public employees.
Penalties for Assault Charges Involving College Students
Assault charges can range from the lowest of the low-level crimes to the second highest possible level of crime based on the circumstances of the assault. Crimes in New Jersey are organized into “disorderly persons offenses” and “indictable crimes,” with disorderly persons offenses being a lower level of offense.
All aggravated assault charges are indictable crimes. These crimes range from fourth degree crimes for things like reckless injury and third degree crimes for upgraded simple assaults and other severe forms of aggravated assault. Assault by auto or vessel while committing a drunk driving or drunk boating offense is upgraded further to a second degree crime.
These levels of offense carry the following penalties:
- Fourth degree crimes carry up to 18 months in prison and fines up to $10,000.
- Third degree crimes carry 3-5 years in prison and fines up to $15,000.
- Second degree crimes carry 5-10 years in prison and fines up to $150,000
Simple assault is a disorderly persons offense unless it is upgraded by attacking those protected individuals. For simple assault involving a fight between people who consented to fight, the charges are reduced even further to a “petty” disorderly persons offense.
These levels of crime carry the following penalties:
- Petty disorderly persons offenses carry up to 30 days in jail and fines up to $1,000.
- Disorderly persons offenses carry up to 6 months in jail and fines up to $1,000.
In addition to these criminal penalties, you could face additional penalties from your university if the crime occurred on school property. Attacking a school employee, professor, RA, or fellow student may be grounds for expulsion or serious reprimands at school. Your attorney can also help you with any disciplinary hearings or other penalties at school.
Sexual Assault
Unfortunately, campus sexual assaults do happen. Universities and campuses will do everything in their power to solve the matters as quietly as they can to avoid media attention, preserve public opinion and keep their government funding. If you are ever charged with sexual assault, there will be many people against you throughout your case. Unlike in the criminal justice system, a student charged with sexual assault doesn’t have the same privileges and protections guaranteed under the law.
As soon as you are charged with this crime, you will be presumed guilty until proven otherwise. Furthermore, you may not have the right to a public hearing as a defendant would in a court of law. Additionally, you may have the chance to present evidence against your accuser and the right to cross-examine him or her, but all your actions may be looked at with suspicion. If you are found guilty, you may appeal the decision, although it will likely be difficult for you.
In short, if you are facing sexual assault charges, you may be at the mercy of biased students, professors, administrators, and other people involved in a private campus hearing. It is critical to understand you have the burden of proving your innocence. It is in your best interest to have an experienced and skilled sexual assault defense lawyer by your side throughout the campus proceeding.
Resisting Arrest
The New Jersey resisting arrest statute is N.J.S.A. § 2C:29-2, which calls the offense “resisting arrest, eluding officer.” The statute describes several scenarios that can lead to charges of resisting arrest.
Under N.J.S.A. § 2C:29-2, resisting arrest can be a disorderly persons offense (misdemeanor) or an indictable crime (felony), depending on the alleged circumstances. If the defendant is accused of deliberately preventing or trying to prevent an arrest, it is generally a disorderly persons offense. If the defendant is accused of trying to prevent an arrest “by flight,” resisting arrest is generally a fourth degree crime. However, if the defendant “[u]ses or threatens to use physical force or violence,” or does anything else that creates a major risk of injury to the officer, the offense is a third degree crime.
Theft
The crime of “theft” is punished under multiple statutes in New Jersey. These statutes typically cover different theft offenses based on how the theft was accomplished. The basic illegal act of theft is the taking of property that belongs to someone else with the intent to deprive the owner of that property, but this can be accomplished in different ways.
In addition, there are also charges for theft of services under § 2C:20-8 and shoplifting under § 2C:20-11.
Robbery and burglary are also often considered “theft offenses.” Robbery is theft where the actor uses force or threats of immediate violence to steal from someone. Burglary is the crime of trespassing with the intent to commit a crime once inside, which can include theft.
Penalties for Theft
No matter what level of theft offense you are accused of committing, you could face potential jail time. Even the lowest level of theft in New Jersey calls for the possibility of up to 6 months in jail.
Crimes in New Jersey are organized into “disorderly persons offenses” for low level crimes and “indictable crimes” for more severe crimes. Crimes are divided into four “degrees” with fourth degree as the lowest and first degree as the most severe.
Theft offenses are classified as different levels of crime depending on what was stolen and how it was stolen. Primarily, this means that theft is graded at different levels based on the value of the cash or property that was taken:
- Theft of under $200 is a disorderly persons offense with up to 6 months in jail and fines up to $1,000.
- Theft of $200 through $500 is a fourth degree crime with up to 18 months in prison and fines up to $10,000.
- Theft of over $500 but under $75,000 is a third degree crime with 3-5 years in prison and fines up to $15,000.
- Theft of $75,000 or more is a second degree crime with 5-10 years in prison and fines up to $150,000.
Stealing any of the following items or committing theft in any of the following ways also changes the level of charges:
- Theft of a firearm or vehicle is automatically a second degree
- Theft of a prescription blank is a third degree
- Theft of drugs is automatically a third degree crime for up to 1 kilogram or a second degree crime for over 1 kilogram.
- Theft of a credit card or other “access device” is automatically a third degree
- Theft by extortion is automatically a second degree
Robbery is usually graded as a second degree crime, but it can be upgraded to a first degree crime if an actor tries to kill anyone during the robbery. Burglary is usually a third degree crime, but it can be upgraded to a second degree crime if the actor tries to harm anyone or uses a deadly weapon during the burglary.
Because theft is one of the most common crimes in the country, it is uncommon for police and prosecutors to punish every theft offense very seriously. Especially if you are a college student and have no record of prior criminal activity, you may be eligible for programs to help get the charges dropped and dismissed, such as the Pretrial Intervention Program. For low level offenses, other options may be available. If you are not eligible, your attorney may be able to seek lighter sentences for probation to keep you out of jail.
Penalties for Resisting Arrest or Eluding a Police Officer
Penalties for resisting arrest depend on factors that vary from case to case, including the defendant’s criminal history, the details of the alleged offense (such as whether the defendant used violence), and whether the defendant was a legal adult at the time of the alleged offense. Criminal penalties for resisting arrest are as follows in New Jersey:
- If the offense was a disorderly persons offense, the maximum fine is $1,000, and the maximum jail sentence is six months.
- If the offense was a crime of the fourth degree, the maximum fine is $10,000, and the maximum prison sentence is 18 months.
- If the offense was a crime of the third degree, the maximum fine is $15,000, and the maximum prison sentence is five years (60 months).
Not only can the court impose fines and sentence the defendant to prison – in addition, the New Jersey DMV can suspend the defendant’s license for a period of up to two years, depending on the specific details of the case.
Charges Related to a Hate Crime
A hate crime is a criminal offense that happens when a person attempts to act against the welfare of another person due to the victim’s identity. For instance, a hate crime can occur when a person intentionally and willfully harms a person because of their race, sexual orientation, gender identity, or religious beliefs. According to the Federal Bureau of Investigation, the concept of a hate crime can be defined as “offenses against a person or property motivated in whole or in part by an offender’s bias.”
If you are charged with any of these offenses, you may face a difficult time ahead. Usually, colleges students who are accused of a crime are bound to go through a stressful, challenging process involving university staff and, in severe cases, law enforcement. This means your child may be the subject of a college administrative hearing or criminal prosecution if the authorities assume jurisdiction over your case.
If the criminal charges against you are based on a hate crime, your penalties may be enhanced. For instance, you may face a fourth-degree felony charge for what would otherwise be classified as a disorderly conduct misdemeanor. The same rule applies to felony charges. Keep in mind that a criminal conviction will stay in your record and will make it almost impossible to do things such as getting qualified for a loan or find a place to live.
Are There Defenses Available for Charges Involving Stockton University Students?
Fortunately, there are defenses available for students who have been accused of committing a crime on campus. One of the possible defenses you may bring during a proceeding against you is the “alibi” defense. An alibi defense can be used to show that you were at another place when the alleged crime occurred.
Furthermore, you may be able to establish a motive behind your accusation. In other words, you can prove the plaintiff or accuser had motivation to press charges against you, such as an old grudge, retaliation, or other reasons. These are only a couple of examples of defenses that can be brought during an administrative hearing or criminal prosecution. Our dedicated criminal defense lawyers can help you determine the best course of action.
Criminal Defense Attorney Serving Stockton University Students
Do not let a criminal charge or conviction ruin the rest of your life. If your son or daughter has been charged with committing a college crime, you need immediate legal help. The Atlantic City criminal defense lawyers at the law offices of John J. Zarych can help. To schedule a free, confidential legal consultation with one of our skilled and dedicated attorneys, call our offices today at (609) 641-2266.
