24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Juvenile Simple Assault Charge

Juvenile Simple Assault Charge

Getting charged with assault as a juvenile can be really scary. One minute you’re just going about your day, and the next you’re dealing with cops and lawyers and judges – it’s a lot. But try not to freak out too much. I know it feels super serious right now, but there are things you can do to get through this. I’m gonna walk you through the basics of what a juvenile assault charge means and what might happen next.

First up: what exactly is assault? Basically, it’s when you intentionally hurt someone or make them reasonably afraid that you’re going to hurt them. The hurt doesn’t have to be that bad – it could just be a shove or a slap. And you don’t even have to actually touch the person – just threatening them or acting like you’re about to hit them can count as assault too.

Assault gets charged as either a misdemeanor or a felony. Misdemeanors are less serious crimes, while felonies are more serious. If it’s your first offense, you’ll probably be looking at a misdemeanor assault charge. The prosecutor might bump it up to a felony if you seriously injured the other person or used a weapon, but for a basic schoolyard scuffle, misdemeanor is more likely.

So what happens after you get charged? Since you’re a juvenile, your case will go through juvenile court, not regular criminal court. The good news is that juvenile court is focused more on rehabilitating young offenders than punishing them. The bad news is it can still feel pretty harsh when you’re in the middle of it.

After you get arrested, you’ll have to go to a detention hearing where the judge decides whether to release you or hold you in juvenile hall until your trial. If it’s a minor offense and your first time in trouble, the judge will probably let you out but give you a curfew or ankle monitor to make sure you come back to court.

Next comes the adjudication hearing, which is like a trial. That’s when the judge hears both sides and decides if you’re guilty or not guilty. One difference from adult court is that the charges against you are called a “petition,” not a criminal complaint. And instead of finding you guilty, the judge “sustains the petition” if they think you did it.

If the petition is sustained, it’s time for the disposition hearing. This is when the judge gives you your sentence. For assault, common punishments include:

  • Counseling or anger management classes
  • Community service
  • Probation
  • Paying restitution to the victim
  • Short stint in juvenile hall

Juvie hall might sound scary, but in reality it’s more like a strict boarding school than a hardcore jail. The staff will keep a close eye on you 24/7, and you’ll have a strict schedule for school, chores, therapy sessions and free time. The food isn’t great and you’ll miss your family, but it’s not like adult prison.

One good thing about juvenile records is they’re usually sealed when you turn 18, so the assault shouldn’t follow you forever. Colleges and jobs won’t see it unless you’re applying for something like law enforcement that requires an extra thorough background check.

But even if it’s not on your permanent record, getting in trouble as a teen can impact your life in other ways. Having a record makes it harder to get into a good college, get a professional license, join the military, or travel abroad. And the whole experience can cause emotional trauma that sticks with you.

So if you are charged with assault, take it seriously and ask for help. Tell your parents right away so they can find you a lawyer. The lawyer can advise you on the best defense and negotiate with the prosecutor for a lighter punishment.

Some common defenses in assault cases include:

Self-defense – If you can show you acted in self-defense against an aggressor, that could get the charges dropped. But the force you used has to be proportional to the threat. Punching someone for shoving you will be a harder sell than pushing them away if they had a weapon.

Lack of intent – If you can convince the judge you didn’t mean to hurt the person, it wasn’t intentional assault. Maybe you were goofing around and things got out of hand. Or you have an illness that caused you to act erratically.

Misidentification – If witnesses fingered the wrong person, that creates reasonable doubt about your guilt. Your lawyer can challenge the credibility of the witnesses.

Mental health issues – A judge may show leniency if a psychological evaluation finds you have mental health problems that contributed to the assault. Getting treatment can help your case.

If none of those defenses fit, another option is a plea bargain – pleading guilty to a lesser charge in exchange for a lighter sentence. This avoids the risk of a trial but still gives you some consequences like probation or community service. Your lawyer can negotiate the best deal if you’re open to it.

I know all this legal stuff sounds intimidating and unfair when you’re just trying to get through being a teenager. You shouldn’t have to worry about lawyers and judges and juvenile hall. But unfortunately, sometimes good kids make mistakes and end up here.

The important thing is to learn from the experience. Apologize to anyone you hurt, get counseling if you need help with anger issues, and surround yourself with better influences going forward. This one bad choice doesn’t define your future unless you let it. There are still so many amazing opportunities ahead of you.

So take a few deep breaths. Listen to your parents and lawyer. Be honest with yourself about what happened and how you can grow. And know that this tough time will pass. The juvenile justice system is designed to be rehabilitative – they want to help you get back on track, not ruin your life over one mistake.

You’re going to get through this. And you’re going to be wiser and stronger for having gone through it. Ten years from now, you’ll barely remember the kid who got into a fight or said something threatening in the heat of the moment. You’ll just be living your best life as your true self – not defined by your worst moment.

Hang in there. You’ve got this. And you’ve got a whole crew of adults who want to help, even if it doesn’t always feel that way. We’ve all messed up as teens too. What matters most is what you do next. You can move forward into a bright future.

Schedule Your Consultation Now