Juvenile Assault Charges in Arizona

Executive Summary

• Assault charges for a minor are handled by the juvenile justice system, which focuses on rehabilitation to prevent further delinquency. Non-aggravated juvenile assault may result in probation, community service, or detention.
• Deliberately causing physical injury is a class 1 misdemeanor, while recklessly doing so is a class 2 misdemeanor. Inciting fear of imminent bodily injury or willfully touching someone to harm, insult, or rouse is a class 3 misdemeanor.
• Aggravated assault is more severe than simple assault, including actions like causing serious injury, using a deadly weapon, or assaulting certain professionals on duty, potentially resulting in felonies ranging from class 2 to 6.
• Potential defense strategies for juvenile assault charges may include claiming self-defense, proving lack of intent, arguing the allegations are false, claiming your identity was mistaken, or arguing that there is a lack of evidence.

Understanding Juvenile Assault Charges in Arizona

Similar to adults, minors can be charged with assault. In fact, during the 2023 fiscal year, 3,009 referrals were submitted to Arizona’s Juvenile Court, alleging a minor committed assault. With assault claims making up 16.98% of Arizona’s Juvenile Court referrals in 2023, it is crucial to know how juvenile assault charges can impact a minor’s future.

A juvenile charged with assault will be put through Arizona’s juvenile justice system. The adult system deters criminal acts through punishment, while the juvenile system rehabilitates minors to prevent future delinquency. Compared to the harsh penalties that can be applied to adults, like extensive jail sentences, assault charges for a minor may have a different result, such as probation or community service.

Depending on the crimes’ severity and context, some juvenile’s criminal records can even be sealed or expunged to avoid hindering future employment or schooling opportunities. Hiring a reliable criminal defense attorney with experience representing juveniles charged with assault can increase your chances of achieving the best possible outcome.

What Constitutes as Juvenile Assault

In the Arizona legal system, assault is defined by ARS 13-1203. Some examples of assault and accompanying offenses are:

• Intentionally or knowingly causing physical injury to someone can result in a class 1 misdemeanor.
• Recklessly causing physical injury to someone can result in a class 2 misdemeanor.
• Placing someone in reasonable fear of imminent physical injury can result in a class 3 misdemeanor.
• Knowingly touching someone with the intent to injure, insult, or provoke them can result in a class 3 misdemeanor.

Minors can be charged with assault under this statute, just like adults. Nevertheless, the legal process and potential consequences can differ from adult cases.

What Makes an Assault Aggravated

In general, aggravated assault is more severe than simple assault cases. According to ARS 13-1204, some examples of actions that can result in aggravated assault charges are:

• Causing serious physical injury to someone.
• Using a deadly weapon or dangerous instrument during an assault.
• Causing significant temporary disfigurement, organ impairment, or fractures.
• Assaulting a victim who is restrained or unable to resist.
• Assaulting someone after intentionally entering their home.
• Assaulting a minor under fifteen years old if the attacker is eighteen or older.
• Violating an order of protection while committing an assault.
• Attempting to control a weapon or implement used by an officer.
• Using a simulated deadly weapon during an assault.
• Assaulting someone while being held in custody at a correctional facility.
• Assaulting certain professionals, such as police officers, firefighters, teachers, or healthcare workers, while they are performing their official duties.

Depending on the context of the aggravated assault charges, the offense can result in a class 2, 3, 4, 5, or 6 felony. To increase your chances of receiving the best possible results when faced with juvenile assault charges, whether aggravated or not, you should contact a trusted criminal defense attorney who can provide expert-level guidance through the legal process.

Common Scenarios Leading to Juvenile Assault Charges

As illustrated above, the scope of juvenile assault charges is expansive, making them applicable to various scenarios. Some examples of situations that commonly lead to juvenile assault charges are:

• School fights
• Bullying incidents
• Road rage
• Disputes during sports or other extracurricular activities
• Gang-related incidents
• Feuds at home

Although violence is at the heart of most assault charges, the altercations listed above do not even have to get physical. Minors can be charged with assault for simply inciting reasonable fear of imminent physical injury through threats or the reckless handling of a weapon.

Peer-to-Peer Assaults

Peer-to-peer assaults amongst juveniles usually happen in schools or social settings, often driven by bullying or peer pressure. Compared to assaults involving adults, the legal system may treat non-severe peer-to-peer juvenile assaults with more leniency, focusing on rehabilitation and the protection of the victim. In addition to legal penalties, schools may impose their own disciplinary measures if their students have been involved in peer-to-peer juvenile assault.

The Role of Intent

Intent is always taken into consideration by the juvenile justice system when assessing assault charges for a minor, meaning it can influence charges and outcomes. If the defendant intentionally, knowingly, or recklessly caused harm to someone else or incited fear of imminent physical danger, they may be convicted of assault. Nevertheless, courts may consider factors like age and maturity, considering younger individuals may not fully understand their actions’ gravity.

Legal Processes for Juveniles Charged with a Crime

When dealing with delinquency, local law enforcement has to follow the strict procedures outlined in the Arizona Peace Officer Standards and Training curriculum to ensure fair treatment and the minor’s safety.

This curriculum offers alternatives to custody for juvenile offenders of minor crimes, such as being released to a parent or guardian or referred to a public or private agency; however, this is usually not afforded to juveniles charged with assault. Still, law enforcement should contact the minor’s parents or guardians before juveniles are taken into custody.

Juvenile detention facilities are designed to be less punitive and more rehabilitative than the adult equivalent. Moreover, these holding facilities should prioritize the minor’s well-being while they await court proceedings.

A Minor’s Legal Rights

In the Gault decision, the United States Supreme Court ruled that juveniles are guaranteed certain rights when it comes to the legal system. These rights include:

• Early notice of charges.
• Right to remain silent.
• Right to adequate warning of the privilege against self-incrimination.
• Right to confront and cross-examine witnesses.
• Right to legal counsel in cases which might result in incarceration.
• Right to have a parent or guardian present while being questioned.

Having an experienced criminal defense attorney provide legal counsel to minors and their parents or guardians is a great way to ensure they are being afforded all of their rights. The attorney can also provide guidance through the nuances of the juvenile justice system.

Distinct qualities of the Juvenile Court System

In addition to prioritizing rehabilitation over punishment and occasionally offering less severe penalties, the juvenile justice system is different from the adult system in other ways. Some examples of unique aspects associated with the juvenile court system are:

• Some cases may have closed hearings to protect the child’s best interests.
• Unlike an adult, a minor is not afforded the right to a jury trial.
• Sometimes, developmental factors like brain development are considered.
• Criminal records may be sealed to avoid hindering the minor’s future.
• Parents and guardians are usually heavily involved in juvenile court proceedings and may be required to help with rehabilitation plans.

In general, the juvenile court system may offer minors more leniency than adults would be faced with in a traditional court setting.

The Adjudication Process for Minors

The juvenile court conducts hearings to verify the case’s facts during adjudication. These hearings are presided over by a judge who evaluates testimonies and the evidence presented. The court determines the proper penalties based on the findings, potentially including probation, rehabilitation programs, or, in more extreme situations, placement in a juvenile detention center. By attempting to avoid severe punishments, this approach emphasizes helping the young person behave responsibly in the future.

Consequences of Juvenile Assault Charges

Penalties for juvenile assault can vary depending on the context and severity of the assault charges. Some common penalties a juvenile charged with assault may experience are:

• Probation – Supervised release with specific conditions for the minor to abide by, such as attending school and regularly checking in with a probation officer.
• Community service – A requirement to perform various services for the community for a fixed number of hours.
• Detention – Placement within a juvenile detention facility for a specified amount of time. This is particularly common for more serious offenses.
• Counseling – A requirement to meet with a mental health or rehabilitative professional to address underlying issues like anger issues or substance abuse.
• Restitution – Compensation to the victim for any damages or injuries caused. If old enough, the minor may be ordered to get a job to help accomplish this.
• Educational programs – Mandatory participation in courses that emphasize conflict resolution techniques or legal knowledge.

In addition to the legal penalties mentioned above, minors convicted of assault may experience long-term consequences due to the crime showing up on background checks. Therefore, it can be more challenging for convicted minors to receive educational, employment, and housing opportunities later in their life.

Possibility of Expungement

According to ARS 8-349, a juvenile’s criminal record can be expunged, essentially destroyed, later in their life to avoid affecting future opportunities—this is a privilege that is not afforded to adults convicted of assault. Some requirements that the individual would need to meet to apply for the destruction of their criminal record are:

• They must be at least 18 years old, or 25 in some cases.
• They have no pending criminal charges.
• They have completed all probation and sentence terms.
• They have paid all restitution.
• They have not been required to register as a sexual offender.
• They are no longer under the jurisdiction of the juvenile court.
• They must have not been convicted of a felony, meaning the assault must not have been aggravated.

Not every juvenile assault conviction can be expunged from a criminal record, but it may be an option for some individuals. JacksonWhite Law offers top-of-the-line expungement services to people within the greater Phoenix, Arizona, area, giving them a better chance of achieving the best possible outcome.

Being Tried as an Adult

If the minor committed aggravated assault, not only does that negate their ability to expunge their criminal record if they are convicted, but it also puts them at risk of being tried as an adult. This means that the minor could face more severe consequences like an extensive sentence.

According to ARS 13-501, the county attorney is required to prosecute a juvenile aged 15 to 17 in the same way as an adult if the alleged offense is a violent felony offense, such as aggravated assault.

Especially if the charges are aggravated, securing reliable legal representation as soon as possible is essential. A qualified criminal defense attorney can help you build a defense strategy focused on truth and efficacy.

Potential Juvenile Assault Defense Strategies

Each juvenile charged with assault should have a unique defense strategy that reflects the context of their situation. Still, many defense strategies have been used to address juvenile assault charges in the past. Some examples of potential defenses are:

• Self-defense – Argues that the juvenile acted to protect themselves or someone else by demonstrating that their actions were needed to prevent immediate danger.
• Lack of intent – Claims that the juvenile did not intend to cause injury or harm and their acts were not reckless, potentially negating culpability.
• False allegations – Declares that the accusations against the juvenile are untrue and may have been motivated by malice or misunderstanding.
• Mistaken identity – Proves that the juvenile was incorrectly identified as the perpetrator of the assault. An alibi, evidence, or witness testimony usually supports this defense.
• Lack of evidence – Argues that the prosecution has insufficient evidence to prove the assault charges beyond a reasonable doubt.

Each defense strategy should be tailored to the specific circumstances of the case. A criminal defense attorney should work alongside the juvenile and their parent or guardian to craft the best defense for that individual case. The attorney may also negotiate with the prosecutor to reduce charges or secure alternative resolutions like probation or rehabilitation programs.

The Role of Parents and Guardians

Parents and guardians are essential components to getting their juveniles through the legal process that accompanies assault charges. Some important things a parent or guardian should do after learning their child has been charged with assault are:

• Secure qualified legal representation as soon as possible.
• Support their children throughout the legal process.
• Collect relevant evidence and documentation for defense building.

Each case may require individualized tasks from the parent, such as participation in a rehabilitation program alongside their child. A trustworthy criminal defense attorney can provide insight into how the parent can get involved and help with the legal process.

Encourage Rehabilitation and Prevention

Even if the juvenile is not subjected to court-ordered rehabilitation programs, parents should provide their children with the resources needed to avoid future assaults or other violent crimes. Various rehabilitation options, such as one-on-one counseling and anger management classes, are available for juveniles with violent tendencies.

Some relevant programs and initiatives promoted by the Office of Juvenile Justice and Delinquency Prevention include:

• Youth Violence Intervention Initiative 
• Gang violence prevention
• Mentoring
• Preventing Youth Hate Crimes & Identity-Based Bullying Initiative
• Reconditioning children exposed to violence

The abovementioned resources can help educate juveniles and their families about the mental and physical impact of assault and how to prevent violence. You can also explore educational content about the legal system to calibrate your expectations for court proceedings and to better understand the consequences of an assault conviction. For example, Law for Kids operates in Arizona, offering court and detention facility tours, explaining how to vacate court debt, and providing easy-to-digest legal information for minors.

JacksonWhite Can Help Protect Your Child’s Future

Minors can be charged with assault, but they will usually face a different legal process focused on rehabilitation rather than punishment. Many standard juvenile assault charges result in lesser penalties than adult equivalents, such as probation or community service.

A juvenile charged with assault may not have the right to a trial by jury, but they have other rights, including the ability to have a parent or guardian present for questioning. With the help of an experienced legal counsel, non-aggravated assault charges for a minor may be able to be expunged later to avoid long-term consequences.

If your child is facing assault charges, act proactively and hire reliable legal representation. JacksonWhite Law has the knowledge and experience to help you navigate the complexities of juvenile assault charges and build the best defense strategy for your specific situation. Our expert-level criminal defense attorneys can improve your chances of receiving the best results possible.

Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.