Criminal Defense for Juveniles
While it’s true that juvenile court often carries lighter sentences, juvenile charges and sentences may still have lasting, damaging effects. Many minors are eligible to have their juvenile records expunged when they turn 18, but there are plenty of cases where a criminal record follows a child into adulthood.
The good news is that the Arizona juvenile court system does a good job at focusing on rehabilitation over punishment, especially when you have an experienced juvenile criminal defense attorney in your corner fighting for the best possible outcome. Our Phoenix juvenile crimes lawyers at JacksonWhite Law have decades of experience defending minors in Phoenix and Arizona as a whole.
Types of Juvenile Crimes
Juvenile offenses can vary widely depending on the nature of the crime. A juvenile is anyone between the ages of 8 and 17 in Arizona, and crimes committed by juveniles are treated differently under Arizona law and handled by the juvenile courts according to ARS 8-302.
Because adults possess more rights than juveniles, some crimes are unique to juveniles— these include drinking alcohol, breaking curfew, and incorrigible acts, also known as a consistent failure to obey the law or authority figures under ARS 8-201.
Incorrigible acts and minor offenses like these are considered delinquent acts instead of juvenile crimes. These offenses are not misdemeanors or felonies, so they carry much lighter dispositions and penalties.
However, like an adult, a juvenile crime may be charged with a misdemeanor or a felony in harsher crimes. In the most serious or violent crimes, or in the case of multiple felony convictions, a juvenile may be charged as an adult.
Juvenile Misdemeanor Charges
While the general terminology in juvenile court may be different, juveniles can still face misdemeanor charges for violating Arizona Statutes. Some of the most common misdemeanor charges for juveniles include:
- Arson
- Assault
- Driving under the influence (DUI)
- Drug possession
- Impaired driving
- Indecent exposure
- Shoplifting (retail theft)
- Petty theft
- Possessing or using a fake ID
- Public intoxication
- Trespassing
- Unruly conduct
- Vandalism
Misdemeanors carry lighter dispositions such as fines, community service, mandatory course completion, and probation. In some cases, a sentence for detention is possible, especially for repeat offenders.
Juvenile Felony Charges
Felony charges are extremely serious. Not only do they carry serious repercussions in juvenile court, they may risk transferring the case to criminal court so that the minor can be tried as an adult.
Under ARS 13-501, county prosecutors are required to bring a criminal (adult) prosecution for minors age 15-17 for the following offenses:
- First-degree murder
- Second-degree murder
- Forcible sexual assault
- Armed robbery
- Violent felony offenses
- Felony offenses committed by a chronic felony offender
County prosecutors also have the discretion to try a juvenile who is 14 or older as an adult in criminal court for any class 1-2 felonies, select class 3 felonies, and class 4-6 felonies that involve a dangerous offense.
Sentencing in criminal court is far more severe than dispositions in juvenile court, so you’ll want an experienced attorney in your child’s corner to ensure their felony case remains in juvenile court. Our team of juvenile criminal defense attorneys at JacksonWhite can support you and your child in building a defense and increasing your child’s chances of obtaining the most positive outcome possible.
Legal Consequences of Juvenile Convictions
There are a variety of options at the judge’s disposal when it comes to the sentencing in a juvenile case. As the ultimate goal is rehabilitation, non-incarceration options are generally the first choice.
Some common consequences that do not involve incarceration include:
- Verbal warnings – The lightest disposition, this is simply a verbal reprimand that hopefully is stern enough to avoid future incidents.
- Fines – Fines are common in juvenile cases, whether it involves paying compensation to the victim or an actual fine to the government. Note that the minor’s parents are required to enforce fines, so if the minor doesn’t have a job or cannot afford the fine, responsibility for paying falls to the parents.
- Counseling –Judges often require some type of counseling or therapy as part of a disposition order in the hopes that professional help will preclude future criminal activity.
- Community Service – Community service orders require dedicating a certain number of hours to serving the local community. Failure to complete the full requirement can lead to the juvenile back in front of the judge for possibly harsher sentencing.
- Electronic Monitoring – This is often accompanied by a house arrest order, as a wrist or ankle bracelet verifies the juvenile’s location at all times.
- Probation – Any supervised program where the juvenile’s freedom is limited and activities are restricted. This is by far the most popular choice of penalty in a juvenile case, accounting for well over half of all juvenile cases.
Judges avoid sentencing incarceration as much as possible, but the court must balance its goal to rehabilitate the juvenile with its duty to protect the local community. In serious cases, however, a judge may sentence a juvenile to incarceration.
Consequences that involve incarceration can include:
- House Arrest – Also referred to as home confinement, a house arrest order forces a juvenile to remain at home with limited exceptions to travel to work, school, counseling, etc.
- Placement –When the judge is concerned that the juvenile’s current living situation has contributed to their delinquency or may lead to problems down the road, the judge can require the juvenile to move in with a relative. When that’s not possible, the juvenile may have to live in a foster home or group home for a period of time.
- Juvenile Detention Facilities – Casually referred to as Juvenile Hall, these detention facilities are intended for short-term stays.
- Secured Juvenile Facilities – Sometimes called Juvenile Camps, these facilities are intended for long-term stays of months or years.
- Jail – Unfortunately, sending a juvenile to county jail or state prison is on the table in serious felony cases.
No matter what penalties your child is facing, it’s important to consult a skilled juvenile defense attorney to minimize the risks of facing some of the harshest possible penalties. When you contact our juvenile criminal defense attorneys at JacksonWhite, we can schedule a consultation to assess the circumstances of your child’s case and determine the best course of action.
How A Juvenile Defense Attorney Can Help
Having a juvenile defense attorney by your side during the legal process can help you and your child alleviate the stress associated with navigating a challenging legal system. For example, at JacksonWhite, we take a compassionate approach to not only help you pursue a positive legal outcome but also offer some valuable peace of mind during the process.
Our team of attorneys here at JacksonWhite can offer all of the following levels of support:
- Experienced Legal Representation – Our attorneys have a deep understanding of Arizona laws and legal processes, offering you and your child a helping hand through all necessary steps.
- Defense Strategy – Using the details of your case, our attorneys will build a defense strategy geared toward combating the prosecution’s case and maximizing your chances of avoiding harsh penalties.
- Negotiations – We’ll use our negotiation skills to negotiate with the prosecution for reduced charges, diversion programs, or alternative sentencing options.
- Guidance and Support – An attorney will provide not only legal knowledge but also a compassionate approach to your case to minimize stress and the burdens associated with navigating the legal system alone.
- Minimize Consequences – We will use our skills to seek minimized legal penalties, like probation or community service instead of incarceration or detention.
- Access to Resources – Our attorneys are well-connected in the local community and can connect you with resources like educational programs, counseling, or rehabilitation programs for your child’s well-being.
- Record Sealing – If your child already has a conviction, we’ll assist you in petitioning the court for a sealed record or expungement and protect your reputation for future opportunities.
Our team of attorneys offers support from all angles, guiding you through all aspects of the legal process so your child is not facing harsh penalties alone. Schedule a consultation with our attorneys here at JacksonWhite to learn more about how we can support you and your child in their case.
How We Handle Juvenile Defense Cases
It’s important to have an attorney that will advocate for you and pull out all the necessary stops to pursue the best possible outcome. At JacksonWhite Law, our process includes a detailed strategy that involves understanding and advocating for your rights both inside and outside of court.
At JacksonWhite, we begin all of our cases with a free initial consultation that allows us to understand the unique circumstances around your case. During this consultation, we’ll gather all the details from your perspective so we can begin developing a strategy that works.
Our process includes all the following strategies:
- Case Assessment –During your initial consultation, we’ll review the evidence and the full details of your child’s case to ensure we have the full context for crafting a solid defense.
- Rights Explanation – Our attorneys will cover your child’s legal rights and the legal processes in Arizona so that you feel empowered and equipped to navigate the legal system.
- Investigation – We’ll perform a detailed investigation of your child’s case, by interviewing witnesses, gathering evidence, and reviewing police reports so we know how to defend them properly.
- Defense Strategy – Using all the details we’ve learned about your child’s case, we will build a tailored defense strategy that maximizes their chances of a positive outcome.
- Court Representation – Our juvenile defense lawyers stand by your child’s side throughout the whole process, representing them in all hearings and trials to present their defense.
- Communication – We maintain regular communication and ensure transparency so that you fully understand what’s happening in your child’s case and any necessary next steps.
- Sentencing Advocacy – Our attorneys will build a defense to advocate for the most favorable sentence possible by emphasizing rehabilitation over punishment.
Altogether, our juvenile criminal defense attorneys ensure your child has support from step one through the end of the process. Our attorneys pull out all the stops and work through every detail of your child’s case to promote a positive outcome. Contact our team today to learn more about how we can support you.
Defense Strategies for Juvenile Criminal Charges
A skilled juvenile defense lawyer can help you dismantle the prosecution’s case and fight for reduced or dropped charges. At JacksonWhite, we will analyze the charges against you to develop the best possible defense. In our decades of experience, we’ve used a variety of defenses to support juveniles in avoiding harsh penalties in their cases.
Our attorneys at JacksonWhite can use some of the following defenses to seek reduced charges for your case:
- Lack of Intent – If a juvenile did not intend to commit a crime, this can be used as a defense to argue for reduced or dropped charges.
- Mistaken Identity – In cases where the juvenile was wrongly identified, we can build a defense around the fact that the alleged defendant is innocent.
- Alibi – If the juvenile was not present at the scene when the alleged crime occurred, we can present evidence to highlight that they could not have committed the act.
- Unlawful Search and Seizure – If evidence used against the juvenile was obtained through unlawful means, we can argue to have the evidence dismissed and weaken or dismantle the prosecution’s case.
- Self-Defense – In cases where a juvenile committed an act to protect themselves from harm, our attorneys can argue that charges were not appropriate since they were acting in self-defense.
- Mental Health Issues – In circumstances where a juvenile experienced mental health issues that affected their behavior, we can argue that they are undeserving of harsh penalties and seek alternative sentencing.
- Lack of Capacity – Our experienced defense attorneys can argue that the juvenile lacked the capacity to understand the severity of their actions due to their age or developmental factors.
- Consent – In cases alleging trespassing or theft, we can argue against criminal charges if the minor had permission to access the property in question.
There is, because every case is different, the best defense depends on your unique case. When you consult our attorneys here at JacksonWhite, we’ll work to understand the unique circumstances of your case so we can create a strategy that works to combat the prosecution’s case and the arguments against you.
Potential Outcomes for Your Case
When you consult an experienced attorney, you increase your chances of achieving a more positive outcome. Having a skilled juvenile crimes lawyer by your side means a greater ability to combat any arguments made by the prosecution and a greater chance of dismantling their case.
Our juvenile defense lawyers at JacksonWhite Law may be able to help you achieve all the following outcomes:
- Dismissal of Charges – Depending on your case, we may be able to cite a lack of evidence or procedural errors to seek a complete dismissal of charges.
- Reduced Charges – Using a careful defense strategy, we may be able to have your charges downgraded to less severe offenses with less severe penalties and a lessened impact on your record.
- Diversion Programs – We can support you in advocating for enrollment in a diversion programs focused on rehabilitation as an alternative to incarceration in jail.
- Probation – Our attorneys can advocate for you to receive probation with set conditions instead of facing time in jail.
- Community Service – We can advocate for you to complete court-ordered community service hours instead of harsher, more restrictive penalties.
- Counseling or Treatment – Depending on the circumstances of the crime, we can push for the court to order participation in counseling, therapy, or substance abuse programs.
- Educational Programs – We can advocate for the court to order educational or vocational programs designed to prevent future offenses instead of harsher penalties.
- Sealed Records – If you have already faced a conviction, our attorneys can seal your record and reduce the consequences associated with having previous criminal charges.
The potential outcomes differ based on the circumstances of each case. Still, without a skilled and experienced juvenile defense attorney by your side, you risk facing even harsher penalties than those above. Our team at JacksonWhite will work with you to bring about the best possible outcome for your case. To learn more about your potential options, schedule a consultation with our defense attorneys.
Protect Your Child’s Future with an Experienced Arizona Juvenile Defense Attorney
A juvenile offense can come with a wide range of potential offenses. If your child has committed a crime in the greater Phoenix area, it’s vital to contact an attorney immediately, preferably before your child is questioned by police. A good attorney will ensure your child’s rights are protected throughout the process, advocating for a solution that satisfies justice while limiting the negative impact on your child’s future.
Our Phoenix juvenile crimes lawyers at JacksonWhite Law will work with you and your child to understand the unique circumstances and approach their case with empathy and compassion. We have decades of experience in criminal defense cases, and we’ll use this experience to their advantage by building a defense that promotes the best possible outcome.
For any type of juvenile charge, from minor in consumption to assault, the juvenile defense lawyers at JacksonWhite Law can manage your child’s case from start to finish.
