Learning that your child is facing criminal charges can be overwhelming and frightening. Parents must understand that juvenile offenses are not handled in the same way as adult crimes, as the primary goal of the juvenile justice system is to rehabilitate rather than punish. Still, juvenile crimes result in real consequences.
Understanding common juvenile offenses in Arizona and the potential penalties they carry can offer clarity about your legal options. Seeking legal guidance as early as possible can be crucial to helping your child obtain a better outcome.
How the Juvenile Justice System Works in Arizona
In Arizona, juvenile crimes are perhaps better termed acts of juvenile delinquency, or the criminal actions of minors that result in misdemeanors and felonies. The juvenile justice system handles cases involving individuals under 18 who have been accused of committing delinquent acts that would otherwise be considered crimes if the individual were an adult.
Court proceedings for these cases are typically handled confidentially, keeping the minor’s identity and other details private from public knowledge. The judge’s priority is rehabilitation that serves the child’s best interests, understanding that the child may need certain treatments, educational resources, or counseling. Instead of accruing a criminal record, the goal is to help the minor learn from their mistakes while being restored to society.
By contrast, adults who commit crimes are subject to the criminal justice system, which assesses punishments both to allow the offender to pay for their mistakes and to protect the public from further crimes. Because of this shift in purpose, penalties assessed by adult criminal courts are usually more serious than the consequences a delinquent faces. The proceedings for adult criminal charges are also accessible to the public.
However, it is important to note that, even if penalties for juveniles are typically less severe than those for adults, serious juvenile offenses may result in penalties that impact future educational, job, or housing opportunities.
Most Common Juvenile Offenses in Arizona
Developing an understanding of the juvenile court process should involve awareness of some common juvenile charges.
These are some of the most common juvenile delinquency offenses in Arizona:
Shoplifting and Theft
Under Arizona law, ARS 13-1802, a minor who knowingly takes or uses someone else’s property is committing theft. If a minor is charged with theft, they may face a Class 1 misdemeanor or a Class 2 felony. The term ‘petty theft’ refers to stealing items valued under $1,000. An example of petty theft could be a minor taking a cell phone or wallet that was left unattended. Stealing items valued over $1,000 is no longer petty theft and can result in a felony.
Shoplifting, or stealing items from retail stores, is often considered a petty offense. For example, one common shoplifting scenario involves teenagers peer-pressuring one another to steal something small, such as cosmetics or clothing, to experience an adrenaline rush. For first-time shoplifting offenses, minors usually face consequences that require restitution, such as repaying the store owner for stolen goods, probation, counseling, or participation in a diversion program. Repeat offenses may result in a misdemeanor being elevated to a felony, particularly if it is the second offense within a two-year period.
Drug and Alcohol Offenses
There are many separate drug and alcohol offenses in Arizona:
- Minor in Possession – A minor in possession (MIP) of alcohol violates ARS 4-244, as it is against the law for anyone under 21 years old to possess or consume alcohol. Possession involves having the illegal substance or item on your person, stored inside a bag, or in that person’s vehicle or bedroom. This offense is classified as a Class 1 misdemeanor and leads to penalties like fines, up to six months in prison, alcohol education, and a driver’s license suspension (ARS 4-244 (9)).
- Minor in Consumption – A minor in consumption (MIC) is a separate charge that can involve more serious penalties than an MIP. The subject must be witnessed consuming alcohol by law enforcement.
- Drug or Marijuana Possession – Possessing drugs or marijuana under the legal age results in still other charges that depend on the type and the amount of drugs involved. Some of the most common charges involve possessing marijuana, possessing prescription drugs without a prescription, and possessing illicit drugs. Potential penalties may include undergoing counseling, probation, fines, community service, and even time spent in a juvenile facility.
- Possession of Drug Paraphernalia – Paraphernalia charges refer to facing criminal charges for possessing anything that can be used for creating, selling, transporting, or using illegal drugs. A minor caught with drug paraphernalia may face either a Class 6 felony or a Class 1 misdemeanor.
An alcohol or drug-related offense may result in expulsion or suspension from school, especially if the incident occurred on school property. Students may also lose the privilege of participating in sports or other extracurricular activities. Colleges and universities have their own policies that usually cover both on- and off-campus behavior.
Assault and Fighting
As outlined in ARS 13-1203, simple assault refers to a person under the age of 18 knowingly or recklessly causing injury or trying to hurt someone else. Altercation with peers – both on school grounds or out in public – as well as with adults may be considered simple assault and charged as a misdemeanor. Disorderly conduct charges may also apply in cases where public fighting or loud arguing occurs.
When an altercation results in serious injuries and/or includes weapons, it can escalate to aggravated assault, which is considered a felony.
Disorderly Conduct
Juvenile disorderly conduct charges look very similar to adult disorderly conduct charges. Under ARS 13-2904, disruptive behavior, such as excessive noise, foul language, or fighting in public, constitutes disorderly conduct.
In a school setting, a minor can be charged with disorderly conduct if they cause a disturbance while on school property, as outlined under ARS 13-2911. School-based disorderly conduct can involve threatening to harm a student or staff member, damaging school property, or failing to comply with a lawful order to leave school property.
Vandalism and Property Damage
Vandalism is defined as any defacing of public or private property, including an educational institution. Examples include graffiti, broken windows, or slashed tires.
As a consequence of this offense, minors may face mandatory restitution, in which they must pay for damages, either in part or in full. In some cases, parents may be held liable to pay for damages (ARS 12-661). Factors that can impact the judge’s decision include the age of the minor, their mental state, the earning capacity of the parents or minor, and the financial burden of the payments.
Weapons-Related Offenses
Under ARS 13-3101, minors under the age of 18 are generally not allowed to carry weapons in public places, transportation, or even privately owned properties. Minors found in possession of a firearm at school may face felony charges. Similarly, bringing other weapons, such as BB guns or knives, to school may trigger a misconduct involving weapons offense, as stipulated under ARS 13-3102.
No matter their intent or reason for bringing weapons to school, the juvenile can be charged with a misdemeanor or felony. Possessing concealed firearms on school property, whether loaded or unloaded, is treated seriously due to the danger it poses to students and faculty.
Potential Penalties for Juvenile Crimes in Arizona
Penalties for juvenile crimes in Arizona can vary depending on the situation. While these consequences are intended to teach the young offender a lesson and hold them accountable, they are also designed to rehabilitate.
The consequences a juvenile can face include:
- Probation – Probation typically gives opportunities for a minor to be released into the custody of their parents, staying at home instead of being detained. This is an option only if the juvenile agrees to meet particular requirements, such as regularly going to school, adhering to a curfew, and staying in contact with a probation officer.
- Community Service – Completing a series of community service hours may be a penalty that results from a juvenile offense.
- Counseling – For certain offenses, a requirement may be to enroll in a counseling program. This is often the case if substance abuse or other mental health issues contributed to the offense.
- Diversion Programs – These programs give juveniles an opportunity to make up for their actions by completing particular tasks. Tasks may include attending therapy sessions, paying fines, or completing community service hours. Upon completion, charges are usually left unfiled in the court’s system, so no formal criminal record exists.
- Restitution – Restitution involves the minor paying for some, or possibly all, of the victim’s damages as part of a consequence of the minor’s criminal actions.
- Detention – For serious offenses or repeat offenses, the court may determine that the minor be detained in a juvenile facility.
- Driver’s License Suspension – A juvenile driver’s license may be suspended for certain offenses, such as stealing a vehicle, vandalizing property, drinking alcohol while underage, and violating traffic laws multiple times.
Juvenile crime penalties in Arizona vary based on age, the type of offense committed, and whether there are any prior convictions. Consulting with a knowledgeable lawyer can help you understand your situation.
Will a Juvenile Offense Stay on A Child’s Record?
As mentioned, juvenile records are handled differently from adult criminal records in the sense that juvenile records are usually kept private and often qualify for expungement (erasing of the criminal record). This is in contrast to adult records, which are made public so that potential employers or landlords may access them. Adult records are often more difficult to expunge.
Juvenile records are more likely to be subject to sealing. Sealing records, much like expungement, prevents the general public from viewing them. However, it may still be accessible to law enforcement.
Criminal records may be “set aside,” a process where convictions are labeled on the record as “set aside.” Records with these labels are viewed as such on background checks, giving those convicted a chance to regain lost civil liberties.
Receiving this label also means that all stipulations outlined for probation and penalties have been met. However, setting aside a criminal record is often reserved for adults, as sealing or expungement is typically more likely for juveniles.
Minors requesting expungement in Arizona must meet the requirements outlined in the Arizona Penal Code 8-349. If they do not meet these qualifications at that time, they may still have the record expunged when they turn 25, provided they have no adult felony convictions, have completed all terms of their sentence, and have paid restitution.
Seeking legal intervention early in the process is important, as a criminal record can impact potential educational, housing, and employment opportunities. It may also damage a juvenile’s reputation and credibility. Developing a strong defense from the beginning can protect your child’s future.
When Juveniles Can Be Charged as Adults in Arizona
Crimes committed by juveniles do not always trigger rehabilitative consequences. In fact, juveniles can be charged as adults, a decision made by the court after weighing several factors. These include the minor’s age, the severity of the crime, prior criminal history, and the likelihood of rehabilitation within the juvenile justice system.
According to ARS 13-501, a minor may be tried as an adult between the ages of 14 and 17, provided the charges are violent.
Potential crimes include:
- Armed robbery
- Aggravated assault
- Homicide
- Sexual assault
- Drug trafficking
If a juvenile is charged as an adult, the prosecutor can file the charges directly with criminal court or petition to have the case transferred to the adult criminal justice court system. From there, a judge considers the factors listed above and determines whether to try the minor as an adult.
If the judge decides the court must try the juvenile as an adult, they are transferred to an adult court, where they experience the same legal proceedings and penalties as an adult. Because adults generally face harsher consequences than minors, transferring a juvenile case to a court increases their risk of facing life-altering penalties. It is for this reason that seeking immediate legal assistance is crucial if you want to keep the minor’s case in juvenile court while also protecting their rights.
How a Juvenile Defense Attorney Can Help
With the help of a juvenile defense attorney in Arizona, you and your child have access to a deep knowledge of the complex legal system and court proceedings. A skilled criminal defense attorney can inform you of your child’s rights and help protect them during questioning. Your attorney can also provide you with legal options and develop a defense strategy tailored to meet your needs.
Another major benefit of having an attorney on your side is their ability to advocate for a diversion program or reduced penalties. Selecting an attorney experienced in juvenile law is key to achieving the best possible outcome in your case.
Protect Your Child’s Future by Consulting with an Attorney
While it can be overwhelming and upsetting when your child is charged with a crime, remember that one mistake does not have to define their future. Seeking legal assistance from a knowledgeable Phoenix juvenile law firm can make all the difference in your case. If your child is facing juvenile criminal charges in Arizona, contact The Valley Law Group to learn how our seasoned juvenile attorneys can protect your child’s rights and preserve their future.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
Read More About Jonathan Roeder