What’s the Punishment for Juvenile Crimes?
If you’re unsure about the punishment for juvenile crimes, then it’s best to seek clarity and guidance about this matter. Luckily, here are all the details to know.
Read further on.
Introduction
Juveniles commit crimes every day. Whether it is the result of just being kids or something more serious, the law is put in place for a reason. Therefore, those who go against the law will have to face the consequences of those actions.
Including juveniles.
It doesn’t matter whether you are 8 or 17, juveniles in California will find themselves in juvenile court. And it is during this process in which a defendant (the juvenile) will have his/her case presented by the prosecution in front of a judge – not a jury. The judge will then determine whether or not the crime was committed.
If guilt is found, juvenile courts offer two types of punishments (a.k.a disposition orders). These include incarceration and non-incarceration. And this outcome is significantly based on things such as whether or not the juvenile has a criminal history as well as the severity of the crime.
Let’s break down these punishments for juvenile crimes.
Types of Juvenile Crimes: Incarceration Punishments
The first thing most people think of when they hear incarceration is prison or jail. But many times – especially with juveniles – prison isn’t the go-to option. The idea behind incarcerating juveniles is confining them. And this can be done in many different ways.
If a judge finds the juvenile guilty of the crime, he or she may be sentenced to different levels of incarceration. These types of punishments for juvenile crime include:
- House Arrest. House arrest, or sometimes referred to as home confinement, requires the juvenile to remain at their specific residence as ordered by the judge. Due to the nature of the situation, there will be exceptions such as the child being able to attend school and counseling appointments or support groups. Aside from this, the juvenile is to remain home.
- Placement Outside the Home. Sometimes, for one reason or another, a judge may order that the juvenile is to be placed with a relative or in a group home/ foster home. This can occur for a variety of reasons. When this happens, the same rules as home confinement usually apply.
- Juvenile Hall. Also referred to as juvenile detention, this is the equivalent of a jail for juveniles. It is meant for short-term stays and can be ordered by the judge.
- Secured Juvenile Facilities. For those with longer-term punishments and/or more serious crimes, a judge may order a juvenile to be confined in a stricter, more secure facility. This is the closest thing to prison for juveniles.
- Probation. Probation comes after a juvenile is ordered to stay at juvenile hall. A short stay may be followed up with ordered probation, which allows for more freedom but with restrictions.
Types of Juvenile Crimes: Non-Incarceration Punishments
For those juvenile crimes that a judge does not feel warrant any incarceration or confinement, he or may offer a different type of punishment. These can include things such as:
- Verbal Warning. If a judge feels that the minor first offense of a juvenile isn’t suited for anything stronger, a verbal reprimand or warning may be given. However, this will be recorded in case a future incident occurs.
- Monetary Fine. Depending on the nature of the crime, juveniles may be ordered by the judge to pay a fine to either the court or the victim.
- Counseling or Treatment. Counseling and therapy are always a go-to alternative for those first-time offenders or those who appear they may benefit. This keeps the juvenile from confinement while also taking steps to reduce recidivism.
- Community Service. Judges commonly award a certain number of hours of community service as punishment for a crime. The number of hours will vary based on the crime and the judge’s discretion.
- Electronic Monitoring. The judge may require the juvenile to be monitored at all times using a wrist or ankle bracelet. They may or may not be required to be confined to a certain location.
- Probation. If a judge feels that there are things that can be done to help the juvenile and reduce the chance of becoming a repeat offender, sometimes being placed on probation with a list of tasks in order. This may include curfews, counseling, anger management classes, no contact orders, etc. All with the requirement to report to a designated probation officer.
Juvenile Crimes: Tried As An Adult
For those juveniles who are charged with serious crimes, such as first-degree murder, rape, and various sex crimes, the judge may order them to be tried as an adult. If this happens, juveniles may be sentenced to adult jail or state prison where the conditions are harsher. Or, they may receive a blended sentence which includes time in a juvenile facility until the age of 18, then transferred to an adult facility.
Juveniles cannot be tried as an adult at any age. The State of Califonia used to require juveniles to be at least 14 years of age. However, in February 2021, the California Supreme Court ruled that the juvenile must be 16 years of age or older, leaving anyone younger to be tried only in juvenile court.
Attorney Representation For Juveniles
Going through the juvenile court system after a crime has been committed can be scary – for both the juvenile and the parents or guardians. No one quite knows what to expect or what the process is. And, let’s face it – the juvenile is still a kid only now, he or she has to deal with adult-type legal situations.
It’s tough. And it should not be something that is done alone.
Whether guilty or not, juveniles make mistakes – and they learn from them. Sometimes, though, exposing them to even worse things within the juvenile justice system isn’t always the best way to go about it.
As your family deals with this stressful time, having an attorney on your side can make things move much smoother. You will develop an understanding of the court process and what to expect. The attorney may even be able to give you an idea of the outcome to expect.
In addition to feeling like you have some legal guidance, an experienced juvenile criminal attorney knows the best defenses to use and alternatives to request to see that your child gets the best legal defense possible.
Are you in search for a certified attorney to represent you?
Let us help you find one today!