When a juvenile misbehaves, your first instinct as a parent or guardian is often to discipline rather than consider criminal consequences. However, some acts cross the line into criminal behavior, which can result in legal repercussions. There is also the potential interaction with the juvenile justice system. As a parent, it is best to familiarize yourself with the offenses that could lead to interaction with the juvenile justice system to know how best to help your child. Be sure to also engage an attorney for further assistance.
Juvenile Delinquency in the Country
In the US, a juvenile is anyone below 18. However, some states have set the limit at age 16 or 17. This distinction acknowledges that children within these ages are still developing and may lack the same judgment capabilities as adults. However, the legal age in Texas is 18.
Between 1996 and 2020, the Office of Juvenile Justice and Delinquency Prevention, or OJJDP, reports that juvenile arrests fell by 83%. However, the violent assault rate has varied over the years, and juvenile arrests rose from 2018 to 2022.
Juvenile delinquency is a result of various factors, namely:
- Family dynamics like lack of supervision, erratic parenting, or family violence
- Socioeconomic factors, including poverty and disadvantaged neighborhoods, often correlate with higher crime rates
- Peer pressure associated with delinquent peers, which may increase the likelihood of criminal behavior
- Educational challenges, like children dropping out of school, contribute to delinquency. This worsens if they are not involved in any positive reinforcement activities or no one mentors them.
- Being involved in substance abuse, mental health issues, or violence
- Societal influences, cultural norms, and trends advertised in the media that make the activities appear normal and cool
As parents, you need to keep yourself abreast of the risk factors, communicate openly, and monitor the activities and associations of your children for positive behavior. It will also help you deter them from engaging in criminal activities.
Most Common Juvenile Crimes
Juvenile offenders can commit several offenses similar to adult offenders, but certain crimes are more commonly associated with juvenile delinquency. They range from minor to serious offenses. They include:
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Drugs and Drinking Offences
Juveniles often use drugs or have them for personal use, particularly alcohol, which is a common offense as there is a legal age restriction to consume alcohol. When apprehended, the juvenile justice system will offer rehabilitation programs to address the root cause of the behavior instead of punishing them.
For drug-related offenses, Texas offers diversion programs, including drug education, counseling, and community service, to teach juveniles about the dangers of drugs rather than filing a court case when it is a minor or first-offense charge. Juvenile drug courts do an important job by focusing on treatment through counseling, drug testing, education, and community service. Finishing the program could make your charges go away.
If your child is on probation for a substance abuse charge, he/she could go for mandated treatment and regularly check in with the court supervisor. The treatment may also include random drug tests, which encourage good behavior. If your child completes the program, the court could drop the charges. If your child commits severe alcohol or drug-related offenses or is a repeat offender, he/she could be committed to the Texas Juvenile Justice Department. The TJD focuses on the rehabilitation of the individual by providing programs.
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Tobacco Offenses
Just like alcohol, it is against the law for minors to buy, own, use, or sell tobacco products. It is illegal for anyone, even a minor, to sell tobacco to a minor. The anti-tobacco laws and rules attempt to make sure that no minor uses tobacco in any way.
If a minor is caught with tobacco, they may face penalties, including fines or community service. They could also be educated on the health hazards of smoking tobacco.
However, if an adult or a minor sells tobacco to a minor, the consequences are much worse. A fine, suspension of the business license, or any other disciplinary action can be taken against the seller.
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Curfew Violations and Loitering
Curfew violations are thought to be problems that parents, not police or authorities, should best handle. However, they are considered juvenile offenses. Being out after hours, from 10 p.m. to 6 a.m., or loitering in prohibited areas is an arrestable offense for a juvenile. While these actions may not constitute a crime for adults, they are enforceable against minors.
When children are caught violating curfews, they are often detained and released to their parents or guardians. They may later be required to meet with a juvenile court probation officer. During this meeting, the minor and their guardians often sign a curfew agreement, which spells out the permitted behavior and the curfew hours. Additional conditions can be imposed to help them stay in line.
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Vandalism
Some children damage or graffiti property. Most of these children do this out of rebellion or for creative reasons. However, these actions have legal implications. If arrested, the juvenile might have to pay restitution, which means he/she will need to repair the damages or pay for them. This direct accountability aims to help them realize how their actions can adversely hurt someone. Punishment could also include community service. The child could also receive probation terms that may include:
- Curfew
- Educational programs
- participation in restorative justice programs to avoid reoffending
If the child causes serious harm to property or repeats the offense, he/she may have to be detained in the county jail or be sent to the Texas Juvenile Justice Department (TJJD). The TJJD helps children reform. They help with schoolwork, counseling, and healthy outlets for children's creativity or frustration.
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Disorderly Conduct
Groups of juvenile delinquents who cause public disturbances, fight, or are excessively loud engage in disorderly conduct. The juvenile justice system takes the disruption of public peace seriously.
Fines are often imposed immediately to hold them responsible for the disruption. Juveniles may also have to do community service, which allows them to contribute to the community positively and reflect on their actions. For first-time offenders or less severe incidents, these measures often suffice. However, repeated offenses or serious misconduct might lead to probation. Probation could mandate:
- Participation in an anger management or conflict resolution class
- Adherence to a curfew
- Participation in any program designed to address problematic behavior
Detention in a local facility could be warranted for serious or repeated incidents. A juvenile may be committed to the Texas Juvenile Justice Department for counseling, treatment, and rehabilitation for more serious cases. Most children who engage in disorderly conduct do so because of the following:
- Peer pressure
- A hard time managing their emotions
- Lack of supervision
The TJJD equips juveniles with tools for better decision-making.
All matters are assessed on a case-by-case basis, taking into account the circumstances of the case, the juvenile’s history, and the rehabilitative resources available.
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Larceny or Theft
It is quite common for juveniles to engage in shoplifting or theft because of impulsivity and peer pressure. If your child is arrested for stealing items that cost less than $500, the penalties are usually lighter, focusing on education and taking responsibility. They might have to pay a fine or do community service. Punishment becomes more severe if stolen goods are worth more than $500. Your child might be put on probation. This could mean that they need to meet with a probation officer regularly. They might also have to pay restitution and attend educational or other programs.
If a child steals multiple items or an expensive item like a car or a significant amount of money, they could be detained and placed in a Texas Juvenile Justice Department facility.
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Robbery
Juveniles face severe consequences for robbery. Robbery occurs when someone steals a valuable item and uses force or threats of violence to force the victim to comply. Although the punishment for a juvenile may be less severe than that for an adult, robbery, especially when it involves the use of violence or a weapon, leads to serious penalties.
In Texas, a juvenile charged with robbery generally faces probation. He/she could also be required to participate in counseling or community service. The child will be detained in a juvenile facility or committed to a TJJD facility in more serious situations.
If the robbery was violent, the child used a weapon or has a prior conviction, the case may be sent to adult court. In these cases, the child could face long sentences if convicted.
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Motor Vehicle Theft
Throughout 2022 and 2023, teenagers in the country illegally taking cars for joyrides or participating in TikTok challenges were on the rise. Fort Worth, too, was not left out. Young offenders may see it as harmless fun, but the law takes this offense seriously. The penalty for first-time offenders or younger individuals often includes probation with strict conditions. Young offenders may have to do community service, pay for damages, and take classes to prevent them from reoffending and to ensure that they know their actions' legal and moral consequences.
When car theft is tied to organized crime, the penalties become more severe. Juveniles may have to go through intensive probation with strict supervision or a more intense rehabilitation program. In more serious cases with deeper criminal involvement, confinement to the Texas Juvenile Justice Department is possible.
Social media’s role in influencing car theft introduces additional challenges. Many young people steal vehicles for their peers’ approval or online notoriety. Juvenile justice teaches young offenders how the need to seek validation can easily turn into a crime. Further, the children learn how an arrest can limit their educational and career opportunities.
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Robbery
Juveniles face severe consequences for robbery, which refers to stealing something with the use of force or threats. Although the punishment for a juvenile may be less severe than that for an adult, robbery, especially when it involves the use of violence or a weapon, leads to grave penalties.
A juvenile charged with robbery generally receives consequences in the juvenile justice system. These can include probation, during which the juvenile is monitored, and participation in counseling or community service, which may be required. In more severe situations, detainment to a juvenile facility or commitment to a Texas juvenile justice department facility might occur.
If a robbery was violent, the child used a weapon, or the juvenile had a prior conviction, the case may be sent to adult court. In these cases, juveniles could be treated as adults and receive long sentences.
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Assault and Battery
Physical fights, whether aggravated or straightforward, can lead to serious criminal charges against a juvenile. The law does not recognize school fights or peer conflicts as acceptable justifications for assault and battery. Assault charges are taken seriously, and a juvenile's penalties upon conviction will depend on how grave the assault was and their previous criminal history.
Simple assault involves the intentional or reckless infliction of bodily injury or threat of injury. If someone is charged and convicted of a Class A misdemeanor, they will face a jail sentence of not more than one year and a fine of up to $4,000. However, aggravated assault, for example, assaulting another and causing serious injury or using a weapon in the assault, amounts to a second-degree felony. It can be punished by two to 20 years of imprisonment and significant fines.
Even in assault cases, juveniles generally end up in the juvenile justice system, which focuses on rehabilitation. However, if the attack was severe, mainly if it was injurious or weapon-related, the juvenile might be detained or committed. If the case is serious enough, it can be transferred to adult court, and the juvenile may face adult consequences, including the imprisonment terms above.
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Sexual Assault
Juvenile sexual offenses like rape, groping, or child molestation are some of the most serious offenses. Rape and child molestation fall under a serious felony. If the juvenile is tried as a minor but committed the offense with severe violence, his/her case could be transferred to adult court, and the consequences could be worse. The potential sentence after conviction for rape or sexual assault, especially if the victim is a child, is a lengthy prison sentence. A teenager convicted of rape can be sentenced to two to twenty years in prison and a fine of up to $10,000 under adult law.
Indecent exposure or indecent groping involving minors also has grave penalties. If the child is convicted of indecent exposure, which involves inappropriate touching or exposing oneself, it is classified as a Class A misdemeanor. It means he/she will:
- Go to jail for 1 year
- Be required to pay a fine of $4,000
However, when a child is the victim of the incident, or the context is sexual assault, the charge can be increased to a second-degree felony, which comes with 2 to 20 years in jail and hefty fines.
When a juvenile is convicted of a sexual crime, the most damaging result is that they are required to register as a sex offender. This can restrict where the juvenile may live, go to school, and work in the future. The stigma of being a registered sex offender can hold an individual back for life. They may have limited opportunities.
Illegal Possession of Firearms
Possession or use of firearms by juveniles is regarded as serious, especially after past school shootings and the potential for violence. Because of the increasing concern for gun violence, a juvenile’s involvement with a gun can lead to severe criminal consequences, and they can face felony charges.
In most cases, it is illegal for a juvenile to possess a firearm under Texas law. Given the growing concern about gun violence and sophisticated attacks, juvenile offenders can face harsh penalties for their involvement in violent crime. They can face felony charges. Under Texas law, it is generally illegal for a juvenile to possess a firearm.
This offense could result in hefty punishments, like detention in a juvenile facility or, in serious cases, imprisonment in an adult jail.
The consequences may differ based on the circumstances of the case, like the use of the firearm in the crime. In cases where a juvenile uses a gun while committing a crime like robbery, assault, or even threatening someone, he/she could be charged with an aggravated felony. This charge carries even more significant consequences, which include 2 to 20 years in prison if the juvenile is tried as an adult.
Moreover, if the weapon was used in a violent crime, like threatening someone or a school-related incident, they can face aggravated assault or attempted murder charges, which are both felonies. The involvement of guns during the committing of a crime significantly increases the penalties.
Find an Experienced Criminal Defense Attorney Near Me
A parent never anticipates their child will face the juvenile justice system. Even if you anticipated it based on their behavior, having this happen to your child can be overwhelming. Every parent wants to protect their child and ensure that they receive fair treatment during the legal process. You should seek legal representation as soon as possible for juvenile offenses due to the potential consequences.
An experienced criminal defense attorney will help you understand the complexities of the juvenile justice system, fight for your child’s rights, and help reduce the penalties they could face. Legal support is key to achieving the best possible outcome, whether negotiating plea deals, exploring diversion programs, or presenting a strong defense.
Contact Andrew Deegan Criminal Attorney at Law, for a consultation at 817-689-7002. Our experienced Fort Worth attorneys will help protect your child’s future and ensure they have a chance for rehabilitation.