Long Island Juvenile Crime Lawyer Protecting the Rights of Minor Defendants in Nassau
Anyone can face consequences for committing crimes in Long Island—even minors who are under the age of 18. In New York, children who are seven years of age or older can be brought to court for committing a crime.
If you or your child has been accused of committing a juvenile crime, it’s important to understand what to expect. The way that the case is handled—and the penalties they could face—will depend on how the minor is categorized by the state. There are several different categories that a minor may fall under, including:
- Juvenile Delinquents
- Juvenile Offenders
- Youthful Offenders
- Adolescent Offenders
What Are Juvenile Delinquents?
A child between the ages of 7 and 17 who commits a crime may be classified as a juvenile delinquent if it is determined that the child could benefit from supervision, treatment, or placement. If you are considered a juvenile delinquent, your case will be handled in family court. You are not at risk of facing jail time in a juvenile delinquent case. Instead, the court will focus on providing you with the supervision, treatment, or placement services you need.
What Are Juvenile Offenders?
Any 13, 14, or 15 year old child that is accused of committing a violent or serious felony in New York is considered a juvenile offender. If you are classified as a juvenile offender, your case will be heard in the Youth Part of the Supreme Court or County Court.
Juvenile offenders will face serious penalties if convicted, however the penalties will be less serious than those imposed on adult offenders.
Some cases involving juvenile offenders are transferred to family court. If this happens, the juvenile offender would be considered a juvenile delinquent.
What Are Youthful Offenders?
A minor is not categorized as a youthful offender until the sentencing stage of their case. You may be categorized as a youthful offender if:
- You were between the ages of 14 and 18 at the time the crime was committed.
- You have no prior felony convictions.
- You have never been classified as a youthful offender before.
It is up to the judge to decide whether or not you are categorized as a youthful offender. If you are considered a youthful offender, your criminal record will automatically be sealed, which means you technically will not have a criminal record. You will not have to report your conviction when applying for jobs or educational opportunities. Because of this, it is in your best interest to fight for this classification at sentencing.
What Are Adolescent Offenders?
Any 16 or 17 year old who is accused of committing a felony crime in New York is considered an adolescent offender. Cases involving adolescent offenders will begin in the Youth Part of the Supreme Court or County Court. The case will either remain in the Youth Part or be transferred to a family court.
If it remains in the Youth Part, the minor will be treated as an adult. However, if the minor is found guilty, the judge must take their age into consideration when determining an appropriate sentence.
If the case is a non-violent felony, it will most likely be transferred to family court. After this transfer, the child will be treated as a juvenile delinquent rather than an adolescent offender.
Will A Minor’s Criminal Record Impact Their Future?
A minor’s criminal record may or may not impact their future depending on how they are classified by the juvenile justice system. Juvenile delinquents will not have criminal records, so their offenses will not affect their future. If a judge classifies you as a youthful offender, your criminal record will be sealed, so it will not impact your future.
If you are not a juvenile delinquent or youthful offender, you could carry a juvenile criminal record into adulthood.
Schedule A Free Consultation Regarding Your Juvenile Crime Case Today in Long Island
Have you been accused of committing a juvenile crime? If so, it’s important to seek legal representation from experienced juvenile crime attorney Gianni Karmily as soon as possible. Fighting your charges is the only way to protect your future. Let Gianni work tirelessly to reach the best possible outcome in your case. To schedule a free consultation regarding your case, call 516-630-3405 or fill out the form on this website.