When a juvenile commits a crime, the legal process is handled differently than when crimes are committed by adults. Primarily, this is because the criminal justice system was designed to provide consequences for adults who have broken the law, while the juvenile justice system was created to be rehabilitative.
Parents must understand the difference between minor and severe juvenile offenses, particularly those that can lead to a minor being tried as an adult. Still, depending on the severity of the crime, even juvenile offenses tried in juvenile court can have lasting impacts on the child’s future. For this reason, if your child is charged with a juvenile crime, it is crucial to secure the services of a qualified juvenile attorney to help you navigate the juvenile justice system.
Learn more about juvenile crimes and the juvenile justice system in Arizona.
Juvenile Crimes in Arizona
In Arizona, juvenile delinquency is the collective term for committing juvenile crimes. This legal term defines the actions of minors who commit misdemeanors and felonies. These are some of the most common juvenile offenses in Arizona, which vary widely in type and severity.
Vandalism
Vandalism can involve any damage done to private or public property, such as spray painting, throwing eggs or toilet paper, breaking windows, slashing tires, or even flooding a home by clogging a toilet.
Theft or Shoplifting
Shoplifting can be considered a petty offense. However, if the property stolen is valued at more than $1,000, it can result in a felony charge. According to ARS 13-1802, a juvenile that purposefully takes control or uses another person’s property has committed theft. Depending on the value of the property taken, the charges could result in either a Class 1 misdemeanor or a Class 2 felony.
Minor in Possession or Minor Consumption of Drugs or Alcohol
In accordance with ARS 4-244, it is illegal for a person under the age of 21 to possess or consume alcohol, and doing so can result in a Minor in Possession or Minor in Consumption charge. Drug possession charges are a bit more complex as they can vary depending on the type and the amount of drugs involved. Common charges include possession of marijuana, having prescription drugs without a prescription, possession of illicit drugs such as cocaine, and possession of drugs with the purpose of distributing them.
Cybercrimes
Cybercrimes are phone or internet-based crimes. One of the most common forms of bullying for juveniles is cyberbullying, where a minor uses an electronic device to harass, intimidate, or threaten someone. This can include using text messages, email, or social media to send lewd, obscene, or threatening messages or distributing another person’s private information and pictures to a third party for the purpose of harassment. Another common cybercrime is cyberstalking, where a digital device tracks someone’s location without their knowledge or permission. In addition, a minor who hacks into a private server may be charged with a cybercrime.
Robbery/Armed Robbery
Robbery involves unlawfully taking something from someone while using force or the threat of force. Armed robbery is considered a violent crime in Arizona and when it is committed by a juvenile, it is often transferred to the adult court system due to the severity of the offense. Ultimately, the county attorney will determine how violent crimes should be handled.
Vehicle Theft
If a minor steals a vehicle, it is considered a felony, according to ARS 13-1814. Joyriding, or the unlawful use of a vehicle according to ARS 13-1803, can also be considered a felony, whether the minor is the driver or the passenger. The juvenile could potentially be tried for a serious offense for committing this crime.
Simple Assault
Simple assault, according to ARS 13-1203, involves purposefully or recklessly causing injury or harm to another person. It can also include purposefully causing another person to fear for their life or provoking fear of being injured. Touching another person with the intent to cause harm or to provoke them can also trigger simple assault charges. Simple assault is considered a misdemeanor.
It is important to note that even if your child commits a minor offense, the consequences could still be serious. It is crucial to hire a skilled juvenile crimes attorney to prevent a lasting impact on their future.
Consequences of Juvenile Crimes in Arizona
Unlike the adult criminal justice system, consequences are not given to punish minors; instead, consequences are intended to hold them responsible for their actions and to begin rehabilitation. For this reason, the consequences given to minors are typically not as severe as those given to adults.
The most common consequences that a juvenile may face include:
- Probation – Probation allows the juvenile the chance to remain at home under close supervision rather than being detained to prevent reoffending. Usually, the juvenile is only allowed to do so under certain stipulations, such as checking in with a probation officer, maintaining a curfew, and attending school.
- Community Service – Juvenile offenders may be assigned a certain number of community service hours to complete.
- Fines or Restitution – Paying a fine to the state or paying restitution to the victims involved may be a consequence of some juvenile crimes.
- Counseling or Treatment Programs – If necessary, the minor may be required to attend counseling sessions or treatment programs, especially if mental health issues or substance abuse issues are involved.
- Detention – If the offense is considered serious or if the minor has committed a prior offense, the court may order detention within a juvenile facility. In many cases, detaining juveniles is the last option, as the goal is to focus on rehabilitation.
The consequences that a minor faces after committing a crime are dependent on several factors, including the severity of the offense, the age of the juvenile, whether they have any prior offenses, and the circumstances involved. Securing the services of a criminal defense attorney to help navigate these charges and develop an effective defense strategy is essential to achieving a better outcome for your child’s juvenile case.
How Arizona Handles Juvenile Crimes
As the juvenile justice system in Arizona focuses on rehabilitating the child rather than punishing them, various aspects of the legal process can look different than the adult criminal justice system. Along with educational resources, treatment and counseling are also used to help juveniles re-enter society as respectable individuals. Court proceedings are typically kept private as a way of protecting the minor’s identity.
By contrast, the criminal justice system for adults aims to punish offenders to prevent re-offending while also keeping the safety of the public in mind. Penalties are typically more severe, and more often include prison sentences. Additionally, these court proceedings are open to the public.
While the juvenile court processes are typically not as formal as adult court processes, they are no less serious. A sentencing is not required for juvenile cases, but if a judge does determine that the juvenile is guilty of committing their first offense, they will most likely qualify for a diversion program.
This program allows the minor to complete certain consequences to make restitution for their criminal actions. The consequences assigned to them could include undergoing counseling, completing community service, or paying a fine. When the program concludes, the charges against the minor are typically not filed in court, allowing them to avoid a formal criminal record.
When a Minor Is Charged as an Adult
For the most severe crimes, juveniles can be charged as an adult.
The decision to levy adult charges depends on several factors, such as:
- The age of the juvenile
- The severity of the offense
- Any prior history of delinquency
- The estimated chances of rehabilitation with the juvenile justice system
When a minor is charged as an adult, a process known as direct file or transfer usually takes place. The prosecutor first petitions to request the movement of the proceedings to adult court, which includes considerations like age, the circumstances involving the crime, and any previous convictions. If the judge agrees to try the minor as an adult, the case is transferred to the adult court, where they must undergo the same legal process and face the same possible penalties as an adult.
The Role of Parents in Navigating the Legal Process
A parent’s role is obviously far more critical in the juvenile court system than the adult court system, and parents are expected to remain involved throughout the entire process.
After a minor has been charged with a crime, they may be arrested or detained, depending on the severity of the crime. Then, the juvenile justice system will begin an investigation. Once the evidence has been collected, it will be brought before the county attorney, who will decide whether to prosecute. If the county attorney opts to prosecute, the charges will be filed with the juvenile court.
After charges have been filed, an advisory hearing will take place. It is highly suggested that parents attend these hearings with their children. Parents should also take the initiative to hire an attorney to represent the minor; otherwise, the court will assign an attorney on their behalf. During this hearing, the child’s attorney will enter a plea on the minor’s behalf. If adjudication is necessary, a final hearing will take place.
Although a jury will not be present at the hearing, the burden of proof beyond a reasonable doubt that the juvenile committed the offense will remain. To this end, both the prosecution and the defense will have an opportunity to share evidence, witness statements, and other testimony before the judge determines the guilt or innocence of the minor involved. If the minor is guilty, a disposition hearing will occur, at which the judge will announce any penalties. The judge can also determine whether the minor will be released into the care of their parents or must be detained.
As the legal process unfolds, it is important for parents to remain informed about the charges against their child and consult with the child’s attorney to understand the legal options available and the potential penalties ahead. It is also essential to attend all hearings with the child and their legal counsel. After the trial concludes, parents must ensure that the child follows all court orders and probation terms. In general, throughout the process, it is important that parents effectively communicate that while they do not condone the child’s criminal actions, they support all efforts for the child to make restitution and experience rehabilitation.
Why Work with a Juvenile Defense Attorney?
Hiring a juvenile defense attorney in Arizona can be extremely beneficial for helping you and your child navigate the legal system. A skilled juvenile defense attorney can provide parental guidance for juvenile crimes, assisting you and your child by helping you understand your rights and your legal options. After reviewing the circumstances of the case, a seasoned juvenile defense attorney can develop a strong defense strategy.
As the trial proceeds and concludes, the right attorney knows how to advocate for reduced charges or alternative sentencing, such as completing counseling or community service with the purpose of reducing the negative effects on your child’s future. In certain instances, a lawyer can negotiate with the prosecutor to settle the case outside of court. Additionally, they may even be able to help expunge or seal records so that the public cannot view your child’s criminal record, giving them a fresh start for the future.
Even if you have some experience navigating the Arizona criminal justice system, it can be difficult to navigate juvenile charges without the assistance of a lawyer who understands the complex laws and procedures that pertain to juvenile cases. Dedicated attorneys can also provide support for both parents and children during a frightening and emotionally challenging situation. Choosing an experienced attorney is the most critical step toward the best possible outcome for your child’s case.
Consult with a Juvenile Defense Attorney in Arizona
Watching as your children face hardships is never easy, even if they are a direct result of juvenile delinquency. Facing serious juvenile charges with potentially severe consequences can be overwhelming and emotionally draining, not only for your child but for you as well. Fortunately, you don’t need to handle the complex juvenile legal system on your own.
The juvenile criminal defense attorneys at The Valley Law Group have decades of experience navigating juvenile crimes in Arizona, and it’s time to learn more about how our skills and knowledge can benefit your child’s case. Contact The Valley Law Group for a consultation and see how our experienced attorneys can develop a formidable defense that can preserve your child’s future and ease your concerns.
Sources:
- Arizona State Legislature. (n.d.). A.R.S. § 4-244 – Unlawful acts. Retrieved from https://www.azleg.gov/ars/4/00244.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-1802 – Theft. Retrieved from https://www.azleg.gov/ars/13/01802.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-1803 – Unlawful use of means of transportation (joyriding). Retrieved from https://www.azleg.gov/ars/13/01803.htm
- Arizona State Legislature. (n.d.). A.R.S. § 13-1814 – Theft of means of transportation. Retrieved from https://www.azleg.gov/ars/13/01814.htm
- Arizona Senate. (2023). Juvenile Diversion Program Overview. Retrieved from https://www.azsenate.gov/Committee_Program_Presentations/Juvenile%20Diversion.pdf
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
