Juvenile Assault Offenses

So Your Kid Got Arrested for Assault – What Happens Now?

Getting that call from the police that your child has been arrested for assault can be terrifying for any parent. Your mind races with questions – what happened? Is my child ok? What’s going to happen next? Take a deep breath, it’s going to be alright. Kids make mistakes and get into fights, it’s part of growing up. The important thing is getting them the help they need while minimizing the long-term consequences. This article will walk you through the basics of juvenile assault charges, what to expect, and how to support your child through the process.

What exactly is assault?

Legally speaking, assault is attempting to violently injure someone. Threatening violence can also be considered assault in many cases. Assault charges can range from misdemeanors to felonies depending on the circumstances:

• Misdemeanor – Minor injuries like bruising or scratches. Verbal threats without physical violence.
• Felony – More serious injuries like lacerations or broken bones. Use of a weapon. Violent physical attack.

Aggravating factors like the use of a weapon or serious injuries can lead to more serious “aggravated assault” charges.

What happens after an assault arrest?

The first step is usually intake at the police station, where they will gather basic information about your child and the alleged crime. Your child has a right to remain silent – they should NOT answer any questions without a lawyer present!

Police may interview your child at the station. Again, exercise the right to remain silent until you have a lawyer present. Anything they say can be used against them, even if they are innocent or were defending themselves.

After intake, a few things could happen:

• Released to your custody – If it’s a more minor offense, police may release your child back to you pending further legal action.
• Detained – For more serious offenses, your child may be taken from the police station to a juvenile detention facility to await further proceedings.
• Referred to probation – For first-time and less serious offenses, your child may be referred to juvenile probation to determine appropriate consequences like counseling or community service.
• Charges filed – The prosecutor reviews the case and decides what charges, if any, to file against your child. Common assault charges range from misdemeanor assault to felony aggravated assault.

How are juvenile assault cases handled?

Juvenile courts aim to rehabilitate youth, not just punish them. Proceedings tend to be more informal than adult court. Some key differences:

• No right to jury trial – Juvenile cases are decided by a judge, not a jury.
• Lower standard of proof – Guilt needs only be proven “by a preponderance of evidence” rather than “beyond a reasonable doubt.”
• Focus on rehabilitation – Sentences emphasize counseling, education, community service rather than jail time.
• Privacy – Juvenile proceedings are typically closed to the public and records sealed. Some exceptions for serious/repeat offenders.

That being said, juvenile assault charges should not be taken lightly. A conviction can still have serious consequences depending on your state laws and the severity of the offense.

Common juvenile assault defenses

Here are some common legal defenses your lawyer may use to fight the charges:

• Self-defense – Your child was protecting themselves from an aggressor.
• Lack of intent – It was an accident, they didn’t mean to hurt anyone.
• Misidentification – Your child didn’t actually commit the assault.
• Unreliable witness – The alleged victim’s testimony is unreliable for some reason.
• Improper police conduct – Errors in how the police handled the case, like not reading your child their rights.

A skilled juvenile defense lawyer will thoroughly investigate the situation to build the strongest defense.

Possible penalties if convicted

Some potential penalties if your child is convicted of assault:

• Counseling or anger management classes
• Community service
• Restitution to the victim
• Probation and regular check-ins
• Weekend or evening detention
• Some jail time in juvenile detention facility

Serious or repeat offenses may result in your child being charged as an adult. This means potential adult jail time and a permanent criminal record. It’s critical to avoid this at all costs.

How to support your child through this difficult time

Having your child arrested is scary and stressful for the whole family. Here are some tips:

• Get a lawyer – A skilled juvenile defense attorney is critical for the best outcome.
• Listen to your child – Let them share their side of the story fully before judging.
• Get counseling – Seek family counseling or anger management resources.
• Monitor social media – Make sure your child doesn’t post anything related to the incident online.
• Keep normal routines – Try to keep life at home as normal as possible for your child.
• Stay positive – Assure your child this is a learning experience, not the end of the world.

With the right legal defense and family support, your child can get through this difficult time while avoiding long-term consequences. It may just be a bump in the road on their way to a bright future.