What are the penalties and fines for juvenile assault in New York?

 

 

 

 

If you are a parent or guardian of a child who has been accused of assault in New York, you may be wondering what kind of consequences your child may face. Assault is a serious offense that can have lasting effects on your child's future. In this blog post, I will explain the different types of assault charges, the possible penalties and fines, and how to get legal help for your child.

 

 

How to Find the Best Personal Injury Lawyer Near You

How to Find the Best Personal Injury Lawyer Near You

 

 

---

 

What is assault?

 

 

 

 

 

 

Assault is a crime that involves intentionally or recklessly causing physical injury to another person. There are different degrees of assault depending on the severity of the injury, the use of a weapon, and the status of the victim. For example, assaulting a police officer or a teacher is more serious than assaulting a stranger.

 

 

 

 

What are the different types of assault charges for juveniles?

 

 

In New York, juvenile assault and battery is classified as either a misdemeanor or a felony depending on the degree of force used and the injury inflicted. A misdemeanor assault and battery is punishable by up to one year in a local correctional facility. A felony assault and battery is punishable by up to seven years in a state prison .

 

 

However, not all juveniles who commit assault are treated as adults. The age of the offender, the nature of the offense, and the prior record of the offender are some of the factors that determine how the case is handled. In New York, there are three categories of juvenile offenders:

 

 

- Juvenile Delinquents: These are children between ages 12 and 15 who have committed an offense that would be a crime if committed by an adult. 16 and 17 year olds charged with misdemeanors or felonies that have been removed from Criminal/Supreme Court are also considered Juvenile Delinquents. All juvenile delinquency cases are heard in Family Court, where the focus is on rehabilitation rather than punishment. Juvenile Delinquents do not go to adult jails, but may be placed in detention facilities or under supervision by social services agencies. Juvenile Delinquents do not have criminal records, and their cases are confidential and may be sealed .

 

- Juvenile Offenders: These are youth who are 13, 14 or 15 years old and have committed a very serious felony, such as murder, rape, or armed robbery. These cases are heard in the Youth Part of the Supreme or County Court, where the youth may be tried as adults and face adult penalties if convicted. Juvenile Offenders who are convicted will have a permanent criminal record unless the Court grants Youthful Offender status, which replaces the criminal conviction with a non-criminal adjudication. Juvenile Offender cases can be transferred to Family Court if the Court determines that the transfer would be in the interests of justice .

 

- Adolescent Offenders: These are 16 or 17 year old youth charged with a felony that has been retained in the Youth Part of the Supreme or County Court. These cases are also subject to adult penalties if convicted, but may be eligible for Youthful Offender status or diversion programs that offer alternatives to incarceration .

 

 

 

 

What are the possible outcomes and sanctions for juvenile delinquents?

 

 

 

 

 

 

If the judge finds that the child committed the delinquent act, he or she will then hold a dispositional hearing to decide what should happen next. The judge may consider various factors, such as the child's age, background, needs, and interests; the nature and seriousness of the offense; and the impact on the victim and community.

 

 

The judge may order one or more of the following outcomes and sanctions for juvenile delinquents:

 

- Adjournment in contemplation of dismissal (ACD): The case is put on hold for up to six months. If the child does not get into any more trouble during that time, the case is dismissed and sealed.

 

- Conditional discharge: The case is closed with certain conditions that the child must follow for up to one year. If the child violates any of these conditions, he or she may face more serious consequences.

 

- Probation: The child is placed under supervision by a probation officer for up to two years. The probation officer may impose rules and requirements that the child must follow.

 

- Restitution: The child is ordered to pay money to compensate for any loss or damage caused by his or her actions.

 

- Community service: The child is ordered to perform unpaid work for a certain number of hours at an approved organization or agency.

 

- Treatment: The child is ordered to participate in a program that addresses his or her specific needs, such as counseling, education, substance abuse, or mental health services.

 

- Placement: The child is removed from his or her home and placed in the custody of the local department of social services or the New York State Office of Children and Family Services. The child may be placed in a foster home, a group home, or a residential facility for up to 18 months, or longer in some cases.

 

 

Juvenile delinquents do not have criminal records. Family Court proceedings are confidential and in some instances the cases can be sealed. However, juvenile delinquents may still face long-term consequences for their actions, such as difficulty finding employment, education, or housing; loss of certain rights or privileges; or stigma and discrimination.

 

 

 

 

What are the penalties and fines for juvenile assault in New York?

 

 

 

 

 

 

Well, it depends on which category the youth falls into and what degree of assault they are charged with.

 

 

For juvenile delinquents charged with misdemeanor assault (assault in the third degree), there is no jail time or fine imposed by the court. Instead, the court may order probation, community service, restitution to the victim, counseling, education programs, or placement in a foster home or residential facility for up to 18 months.

 

 

For juvenile delinquents charged with felony assault (assault in the first or second degree), there is no jail time or fine imposed by the court either. However, the court may order placement in a secure facility for up to five years for first degree assault and up to three years for second degree assault.

 

 

For juvenile offenders charged with felony assault (assault in the first or second degree), there is a possibility of jail time and fine imposed by the court. The maximum sentence for first degree assault is five years imprisonment and $5,000 fine; for second degree assault it is two years imprisonment and $5,000 fine.

 

 

For adolescent offenders charged with felony assault (assault in the first or second degree), there is also a possibility of jail time and fine imposed by the court. The maximum sentence for first degree assault is seven years imprisonment and $5,000 fine; for second degree assault it is four years imprisonment and $5,000 fine.

 

 

 

 

How can I get legal help for my child?

 

 

If your child has been arrested for assault in New York, you should contact an experienced juvenile defense attorney as soon as possible. A juvenile defense attorney can help you understand your child's rights, explain the legal process, negotiate with prosecutors, and advocate for your child's best interests in court.

 

 

A juvenile defense attorney can also help you explore options such as plea bargains, diversion programs, community service, counseling, or probation that may reduce or avoid jail time for your child. A juvenile defense attorney can also help you seek expungement or sealing of your child's records if eligible.

 

 

Assault is a serious charge that can have lasting consequences for your child's future. Don't let your child face this alone. Contact a juvenile defense attorney today and get the legal help your child needs.

 

 

 

 

Conclusion

 

 

In conclusion, juvenile assault and battery in New York State is a serious offense that can have severe consequences for both the offender and the victim. Depending on the age of the offender, the degree of force used, and the injury inflicted, the case may be handled in Family Court or Criminal Court. The penalties may include fines, probation, detention, or prison.

 

 

If you or your child is facing juvenile assault and battery charges, you should contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand your rights, explore your options, and fight for the best possible outcome.