Juvenile Aggravated Assault Charges: What to Expect

Being charged with a crime as a juvenile can be an incredibly scary and confusing experience. Aggravated assault charges in particular often carry severe penalties, even for minors. If your child is facing allegations of aggravated assault, it’s important to understand their rights and the potential consequences. This article will provide an overview of juvenile aggravated assault charges, possible defenses, and the juvenile justice process in general.

What is Aggravated Assault?

Legally speaking, aggravated assault is an assault that involves circumstances that make it more severe than a typical assault. This includes assault with a deadly weapon, assault resulting in serious bodily injury, or assault on certain protected classes of victims like police officers or the elderly.

Aggravated assault is always a felony offense, while normal assault can be a misdemeanor. The exact laws defining aggravated assault vary by state, but it is always considered much more serious than simple assault or battery.

Some examples of aggravated assault could include:

• Hitting someone with a baseball bat or other weapon
• Strangling or suffocating someone
• Causing injuries like broken bones, concussions, or permanent disfigurement
• Assaulting a pregnant woman, police officer, or child

The level of injury caused and the use of a weapon are two of the biggest factors that can turn an assault into an aggravated assault charge. Even threats of violence with a weapon may qualify.

Penalties for Juvenile Aggravated Assault

The penalties for aggravated assault depend on state laws and the specifics of the case. In general though, aggravated assault is among the most serious charges a juvenile can face.

Possible penalties can include:

• Up to 1 year in juvenile detention
• Fines up to $2,500
• Probation or parole
• Anger management or other counseling
• Community service hours
• Restitution to victims

Additionally, aggravated assault charges can lead to the juvenile being charged as an adult. This means they would face the same penalties as an adult offender, including potentially years in prison.

Judges have significant discretion in sentencing juveniles though. Factors like the juvenile’s age, criminal history, and likelihood of rehabilitation will impact the final penalty.

Common Defenses in Juvenile Assault Cases

There are several legal defenses that may apply in juvenile aggravated assault cases:

Self-Defense – If the juvenile acted in self-defense against an aggressor, the assault may have been legally justified. The self-defense must have been reasonable and proportional to the threat.

False Accusations – The alleged victim may be falsely accusing the juvenile out of anger, jealousy, or other motives. Thoroughly investigating the credibility of the accusations is crucial.

Mistaken Identity – Eyewitness misidentification is a common cause of false convictions. If the juvenile has an alibi or there are reasons to doubt the identification, the defense may dispute that they committed the assault.

Lack of Intent – Prosecutors must prove the juvenile intended to commit assault. If it was an accident or unintentional, it may not qualify as assault.

Peer Pressure – Juveniles are often easily pressured by peers into bad decisions. If peer pressure played a major role, the defense can argue the juvenile isn’t fully responsible.

Mental Illness – Mental illnesses like schizophrenia that cause a disconnect from reality could negate intent to commit assault. Psychological evaluations can establish if this played a role.

An experienced juvenile crimes lawyer can help assess which defenses are viable and develop an effective legal strategy. The earlier in the process the defense gets involved, the better.

The Juvenile Justice Process

The juvenile justice system aims to rehabilitate youth offenders, while still holding them accountable. The process has some key differences from the adult system:

• No Jury Trials – Juvenile cases are heard solely by a judge in a bench trial.
• More Confidentiality – Juvenile records are sealed and proceedings are closed to the public.
• Extra Protections – Juveniles are entitled to all normal constitutional rights plus extra protections like having a guardian present.
• Informal Proceedings – Many juvenile cases are resolved through informal diversion programs or probation agreements to avoid formal charges.

However, juveniles still have the right to legal representation and a formal trial if they cannot reach an informal agreement with prosecutors. An attorney can advise on whether informal resolution or trial is the better option based on the charges and potential penalties.

The process for a formal juvenile aggravated assault trial typically includes:

• Detention hearing – The judge decides if the juvenile should be held in detention until trial. Defense presents arguments for release.
• Arraignment – Juvenile enters a plea of guilty or not guilty.
• Trial preparation – Defense investigates evidence, interviews witnesses, files motions, requests discovery from the prosecution, etc.
• Plea negotiations – Many cases end with a plea bargain instead of trial. The defense negotiates for lesser charges or sentencing concessions.
• Trial – Bench trial held before a judge. Prosecution must prove guilt beyond a reasonable doubt.
• Sentencing – If found guilty, the judge issues the penalties and sentence, up to the maximum allowed by law.

Working with an attorney experienced in juvenile crimes is highly recommended when facing serious charges like aggravated assault. The juvenile justice system can be complex to navigate, but an attorney will handle the process smoothly and protect your child’s rights. They will thoroughly examine the prosecution’s evidence, raise all viable defenses, and advocate for the best possible outcome under the circumstances.

Every case is different, but an aggressive defense can often achieve positive results like reduced charges, diversion programs instead of formal adjudication, or acquittals when the evidence is weak. Even if penalties cannot be completely avoided, the defense can seek to minimize the long-term impact on your child’s future.

Takeaways

• Aggravated assault is a serious felony charge encompassing assaults involving weapons or severe injuries.
• Juveniles face possible detention, fines, probation, counseling and other penalties, as well as potential adult charges.
• Viable legal defenses like self-defense or false accusations should be explored.
• Juvenile proceedings are focused on rehabilitation and allow for informal resolution in many cases.
• Consulting an experienced juvenile defense attorney early on is highly advisable to protect your child’s rights and future.

The juvenile justice system aims to strike a balance between accountability and giving youth a chance to learn from their mistakes without permanent life consequences. An aggressive legal defense is crucial though to ensure the system lives up to its ideals. If your child is facing aggravated assault allegations, do not hesitate to contact a dedicated juvenile defense lawyer for help.