What is the most common type of juvenile crime?
The most common type of juvenile crime is a non-violent offense. In many cases, juveniles who have been accused of committing a non-violent crime may not need to be charged as an adult. This will depend on the specifics of their case – if it's a first-time offense and what their age was at the time of the crime. Juveniles can be charged with non-violent crimes, but these are typically misdemeanors.
For example, let's say a fifteen-year-old boy breaks into his neighbor's garage and steals an expensive snowboard. He is arrested by the police because he has been caught in the act of committing a felony. Even though the boy is only 15, he will likely be charged as an adult and face serious consequences for his crime.
If you or someone you love has been arrested and charged with a juvenile crime, it's important to speak with a San Diego criminal defense attorney right away. The first thing your lawyer should do is request that any underage criminal records be sealed. Even if the charge is not dropped, your juvenile criminal record should remain sealed until after you are 18 years old.
If the case progresses and the judge decides that it must be prosecuted in adult court then your lawyer can implore them to allow you to stay in juvenile court. If the judge agrees, then they could send your case back to juvenile court where it will be adjudicated by a different judge.
If the case is transferred back to juvenile court, your lawyer can request that you be tried as a "youthful offender." You could also qualify for another form of sentencing or diversion program. This means that if you accept the terms of the diversion or sentence, the court will keep your juvenile criminal record sealed.
However, if you are being prosecuted as an adult, your lawyer cannot have your case transferred back to juvenile court. In some cases, a judge may allow you to choose whether or not to go through with a trial in adult or juvenile court. If this is the case then it's vital to run the numbers before making your decision.
On average, cases that are tried in adult court result in a harsher sentence than those that are adjudicated in juvenile court. Generally speaking, if you're convicted of a crime as an adult then you'll likely be incarcerated for between one and six years. If convicted as a juvenile, you could be incarcerated for between six months and three years.
As a child who commits a non-violent, juvenile crime may not need to be charged as an adult, but if they are it can have long-lasting consequences. If you or someone you love has been charged with a juvenile crime, contact Griffin Law Office, we will do everything we can to get the best possible outcome for you.