Understanding Juvenile Offenders and the Spectrum of Felony to Misdemeanor
The juvenile justice system handles crimes committed by minors differently than the adult criminal justice system. Juvenile offenders accused of committing crimes may face anything from probation to detention, depending on the seriousness of the offense. Understanding the differences between felonies and misdemeanors can help explain the range of potential punishments for juveniles.
What Defines a Juvenile Offender?
A juvenile offender is a minor who commits an act considered criminal if committed by an adult. The specific age range that defines a juvenile varies by state but generally includes youth under 18.
In most states, the juvenile court has original jurisdiction over all youth charged with committing a delinquent act before their 18th birthday. Juveniles accused of committing offenses may be formally processed and adjudicated through the juvenile justice system.
However, in some circumstances, prosecutors can file charges against juveniles directly in adult criminal court. This is more likely to occur when older juveniles are accused of committing serious violent felonies.
Juvenile Justice System
The juvenile justice system is separate from the adult criminal justice system. It aims to rehabilitate and supervise delinquent youth rather than impose harsh punishments.
Proceedings in juvenile court are typically confidential. Juveniles have certain due process rights, including the right to an attorney and the right against self-incrimination. However, juvenile court procedures are generally less formal than adult criminal court.
Juvenile offenders do not receive criminal convictions. If the allegations against them are proven, they are said to be “adjudicated delinquent.” Juvenile court judges have significant discretion in determining the disposition in each case. Their goal is to impose consequences proportional to the offense while also providing services and interventions to get juveniles back on the right track.
Types of Offenses
Juveniles may face delinquency charges for committing a wide range of offenses, from minor misdemeanors to the most severe felonies. Common juvenile crimes include:
- Status offenses – Acts that are only illegal due to the perpetrator’s minor status, like truancy, running away, curfew violations, and underage drinking
- Misdemeanors – Minor crimes punishable by less than one year in jail. May include petty theft, simple assault, possession of small amounts of drugs, vandalism, and disorderly conduct.
- Felonies – More severe crimes punishable by over one year in prison. It may include assault with a deadly weapon, robbery, rape, murder, and serious drug offenses.
Whether an offense is classified as a felony or misdemeanor depends on the jurisdiction’s penal code. The degree of punishment depends not only on this classification but also on taking into account the juvenile’s criminal history and mitigating factors.
Understanding Juvenile Crimes: Felony vs. Misdemeanor
There are key differences between felony and misdemeanor offenses:
Felonies generally involve more serious, dangerous, or violent criminal conduct. Felony offenses are punishable by more than one-year imprisonment. Felonies are further classified by degree, with higher degrees subject to longer prison sentences.
Some examples of common juvenile felonies include:
- Robbery
- Burglary
- Rape and sexual assault
- Kidnapping
- Arson
- Aggravated assault and battery
- Vehicular manslaughter
- Manslaughter
- Murder
Misdemeanors involve minor crimes without the same degree of harm or malicious intent as felonies. Misdemeanors are punishable by fines, probation, or less than 12 months of jail time.
Some examples of common juvenile misdemeanors include:
- Petty theft
- Simple assault
- Minor in possession of alcohol
- Possession of small amounts of marijuana
- Joyriding
- Criminal trespass
- Disorderly conduct
While misdemeanors are viewed as less serious in the eyes of the law, they can still carry potentially severe consequences for a juvenile’s future. Any criminal record can negatively impact a youth’s education, employment, housing, and other life prospects.
Probation and Rehabilitation
Juvenile courts have broad discretion when it comes to sentencing. Less serious first-time offenders are often sentenced to probation. The juvenile must comply with court-ordered rules and meet regularly with a probation officer. Probation allows youth to remain in the community while under supervision.
Many juvenile courts emphasize rehabilitation and treatment. As a condition of probation, the court may order the juvenile to complete interventions like:
- Mental health counseling
- Anger management classes
- Substance abuse treatment
- Community service
- Victim awareness programs
Family and community-based rehabilitation allows the juvenile to address their behavior problems without being removed from their support system. This approach recognizes that children and teens often lack maturity and impulse control. With guidance, most young offenders have the capacity for reform.
Punishments and Sentencing
Juveniles who commit serious or repeat offenses may be incarcerated in juvenile detention centers or correctional facilities. There are three main types of juvenile confinement:
- Detention centers house juveniles before and after their court hearing. Youth held before trial may remain for weeks or months.
- Short-term facilities incarcerate juveniles for several months following adjudication for minor crimes. The focus is on the transition back to the community.
- Long-term secure facilities incarcerate juveniles for over a year following felony adjudications. These facilities have higher security with constant supervision of residents.
While juvenile facilities aim to provide rehabilitation services, incarceration removes youth from community and family support. Detention should be used as a last resort punishment for only the most serious young offenders. Critics argue that incarceration leads to higher recidivism rates in juveniles.
Detention and Incarceration
Juveniles who commit serious or repeat offenses may be incarcerated in juvenile detention centers or correctional facilities. There are three main types of juvenile confinement:
- Detention centers house juveniles before and after their court hearing. Youth held before trial may remain for weeks or months.
- Short-term facilities incarcerate juveniles for several months following adjudication for minor crimes. The focus is on the transition back to the community.
- Long-term secure facilities incarcerate juveniles for over a year following felony adjudications. These facilities have higher security with constant supervision of residents.
While juvenile facilities aim to provide rehabilitation services, incarceration removes youth from community and family support. Detention should be used as a last resort punishment for only the most serious young offenders. Critics argue that incarceration leads to higher recidivism rates in juveniles.
Adult Court and Prosecution
In some cases, prosecutors can file charges against juvenile offenders in adult criminal court directly. In many states, juveniles as young as 14 can be charged as adults for serious violent crimes.
Adult court prosecution is more likely for:
- Older teens aged 16-17
- Violent crimes like murder, rape, robbery
- Use of a weapon
- Prior felony record
- Gang involvement
Juveniles tried as adults face the same punishments as adult defendants. They may receive severe prison sentences or even life without parole if convicted. They also receive an adult criminal record that cannot be expunged.
While direct filing in adult court has supporters, critics argue it increases recidivism and goes against the rehabilitative goals of juvenile justice. Some advocates believe no child under 18 belongs in adult court, given that adolescent brains are still developing.
Legal Help with Minors Charged with Felonies
Juveniles accused of felony offenses may be tried as adults and given draconian punishments. Their futures may hang in the balance.
An experienced criminal defense attorney representing the accused against felony charges in juvenile court is essential. The attorney’s in-depth knowledge of juvenile law is vital to securing the best outcome.
A skilled juvenile defender negotiates with prosecutors, gathers mitigating evidence, advocates for diversion programs, and may convince the court to adjudicate the teen as a youthful offender. While detention may be unavoidable in serious cases, the attorney ensures the child can access rehabilitation services and transition back to the community as soon as possible.
With certain violent felonies, transfer to adult court may be likely. An attorney argues to keep the case in juvenile jurisdiction where the focus is on rehabilitation, or at minimum, ensure the youth’s unique circumstances are considered in adult court sentencing. Counsel also informs the client of potential legal strategies, like motions to transfer the case back to juvenile court.
While juveniles have a right to counsel, having an adept juvenile defense lawyer makes all the difference in felony cases. Their juvenile and adult criminal law expertise helps clients understand the judicial process and potential consequences. This improves the youth’s chances of avoiding excessively punitive outcomes.
Frequently Asked Questions:
Q: What is a youthful offender?
A: A youthful offender is a term used to describe a person between the ages of 16 and 19 who has committed a serious offense.
Q: What is the role of a criminal defense lawyer in juvenile cases?
A: A criminal defense lawyer specializes in representing juveniles who have been charged with criminal offenses. They advocate for the juvenile’s rights and provide legal guidance throughout the legal process.
Q: What is the function of the juvenile court?
A: The juvenile court is a specialized court system that handles cases involving juvenile offenders. Its purpose is to provide rehabilitation and support rather than punishment.
Q: What happens if a juvenile reaches the age of 18?
A: Once a juvenile reaches the age of 18, they are no longer under the jurisdiction of the juvenile court system and may be tried as an adult in the adult criminal justice system.
Q: What options are available to the juvenile court in handling juvenile charges?
A: The juvenile court may choose to handle the charges informally through counseling and rehabilitation programs, or they may proceed with formal legal action if necessary.