Can a Juvenile Be Charged with a Felony?
May 27, 2024While every criminal charge is a serious charge that can lead to serious consequences in your child’s future, a felony charge is the most serious. Juveniles are treated differently by the California criminal justice system, but they can face felony charges. If your child is facing a criminal charge, you shouldn’t wait to consult with an experienced California juvenile criminal defense attorney.
Juvenile Criminal Charges in California
Crime refers to any specific action or any specific failure to act that the law prohibits and, in response, issues a specific punishment. Whether the crime is committed by a juvenile or an adult, it is classified into one of the following categories, which determines the level of the offense:
- An infraction is the least serious of all the criminal offenses, and it generally is punishable by only a fine. Motor vehicle violations are common examples.
- A misdemeanor can carry a sentence of probation, detention in a county jail or juvenile facility, a fine, or a combination of these. Common examples include assault and battery, public drunkenness, and petty theft.
- A felony is the most serious crime on the books, and it can carry a sentence to be served in a Youth Authority facility or in an adult prison. Felonies are generally reserved for violent crimes, sexual assault, and more serious drug and property violations.
Juveniles can be charged with any of these categories of crime in California, including felonies, and there are also charges that are unique to juveniles.
The Juvenile Justice System Is Different than the Adult System
Over the years, the focus of the juvenile justice system in the United States has evolved, and juvenile changes are predicated on the fact that juveniles are not adults. As a result, juveniles are treated differently, and this is why California’s juvenile justice system has separate rules, procedures, courts, detention facilities, and even laws in place that are intended to protect the welfare of juveniles while rehabilitating them instead of punishing them in the manner of the adult criminal justice system. At the same time, there is the overarching goal of protecting public safety.
When Juveniles Are Charged as Adults
Juveniles are rarely tried as adults in the State of California, but in specific instances – such as when the crime in question is a serious felony like murder or rape – they can be. The youngest age a juvenile can be transferred to adult court is 14, but it’s important to note that the prosecution has the burden of proving that the juvenile justice system can’t rehabilitate them.
An Experienced California Juvenile Criminal Defense Attorney Can Help
If your child is facing a felony charge, it’s a serious matter, and you shouldn’t wait to obtain the skilled legal guidance you need. The formidable juvenile criminal defense attorneys at Bamieh & De Smeth, serving both Ventura and Santa Barbara, are committed to fiercely advocating for your child’s rights – in pursuit of a favorable resolution that supports their brightest future. To learn more, please contact us online or call 805-643-5555 today.